Procedures & Legal Flashcards

A Pennsylvania notary is asked to notarize a durable power of attorney where the principal is physically unable to sign. The principal directs their adult child, who is also the named agent in the document, to sign on their behalf. According to Pennsylvania law, what is the correct procedure for the notary?

Answer: Require two witnesses, neither of whom can be the agent or the notary, to be present for the signing.

Pennsylvania law (20 Pa.C.S.A. § 5601) has specific requirements for when a principal directs another individual to sign a power of attorney on their behalf. The law requires the document to be witnessed by two individuals, each 18 years of age or older. Crucially, a witness cannot be the individual signing on behalf of the principal, the agent designated in the power of attorney, or the notary public. Therefore, the presence of two disinterested witnesses is mandatory.

A signer presents a document written entirely in German for an acknowledgment. The signer is fluent in English and German, but the notary only speaks English. The notarial certificate is in English. Under RULONA, what must the notary do?

Answer: Proceed with the notarization as long as the notary can communicate directly with the signer and the certificate is in English.

Pennsylvania law does not require a notary to understand the language of the document being notarized. The primary duties are to properly identify the signer and ensure the notarial certificate is completed correctly in a language the notary understands (English). As long as the notary can communicate directly with the signer to perform the notarial act, the notarization is permissible.

Which of the following scenarios constitutes a permissible reason for a Pennsylvania notary to refuse a notarization?

Answer: The notary is not satisfied that the signer's signature on the document substantially conforms to the signature on their government-issued ID.

Under RULONA (Section 308), a notary may refuse to perform a notarial act if the notary is not satisfied that the individual's signature on the record substantially conforms to the signature on the identification provided. Disagreement with a document's content is not a valid reason to refuse. A foreign passport is an acceptable form of ID. While an employer can limit services, the question presents this as a choice, not a mandatory refusal reason; the signature mismatch is a direct statutory ground for refusal.

A person asks a notary to notarize their signature on a document. The signer does not have an acceptable form of ID and is not personally known to the notary. They bring a credible witness who is personally known to the notary. What is a specific requirement for this credible witness under Pennsylvania law?

Answer: The credible witness cannot have a direct or pecuniary interest in the record being notarized.

When using a credible witness to identify a signer, Pennsylvania law requires the witness to make a verification on oath or affirmation. A key stipulation is that the credible witness must not have a direct or pecuniary (financial) interest in the transaction or record being notarized to ensure impartiality.

A Pennsylvania notary who is not an attorney advertises their services in a local Spanish-language newspaper. Which of the following is an absolute requirement for the advertisement?

Answer: It must not use the term 'notario' or 'notario publico' under any circumstances.

Under RULONA, a notary public who is not an attorney is expressly prohibited from using the term 'notario' or 'notario publico' in advertising. This is to prevent misleading the public, as in many Latin American countries, a 'notario publico' is a licensed attorney with significant legal authority. While a disclaimer is required, the prohibition on the specific term 'notario' is a critical and distinct rule.

When performing a remote online notarization (RON) in Pennsylvania, what is required regarding the notarial certificate?

Answer: The certificate must indicate that the notarial act was performed by means of communication technology.

Pennsylvania law requires that if a notarial act is performed for a remotely located individual using communication technology, the certificate of notarial act must indicate this fact. This ensures transparency and provides a clear record that the personal appearance requirement was met through approved technological means, not physical presence.