PA Notary Prohibited Acts & UPL 2 — Questions and Answers
Question 1: A Pennsylvania notary is an employee at a large real estate firm and is paid an hourly wage. The firm offers a quarterly bonus to all administrative staff, including the notary, based on the total number of property closings the firm completes. The notary's duties include notarizing deeds and mortgage documents for these closings. Under PA law, is this bonus structure a prohibited conflict of interest for the notary?
- Yes, because the bonus is tied to the volume of transactions the notary is involved in.
- No, because the bonus is not contingent upon the completion of any specific notarial act and is part of a firm-wide incentive. (Correct answer)
- Yes, because any financial gain beyond the statutory fee and regular salary constitutes a direct interest.
- No, because only being a named party in the transaction, not receiving a performance bonus, creates a conflict of interest.
Correct answer: No, because the bonus is not contingent upon the completion of any specific notarial act and is part of a firm-wide incentive.
Pennsylvania law states that a notary may not have a direct or pecuniary interest in a transaction. However, it clarifies that receiving a bonus is not considered a direct or pecuniary interest, provided the bonus is not related to or contingent upon the completion of a specific notarial act. Since the bonus is for all administrative staff and based on the firm's overall performance (total closings), it does not create a prohibited conflict of interest.
Question 2: A notary advertises their services on a small, business card-sized magnet. Due to the limited space, they omit the mandatory statement, 'I am not an attorney licensed to practice law...' They believe this is acceptable because the magnet is too small. Which of the following is true?
- The notary is exempt from the requirement due to the small size of the advertising medium.
- The notary must include the statement, regardless of the size of the advertisement.
- The notary must prominently display the required statement at the place of business where the notarial act is performed. (Correct answer)
- The notary can use the abbreviated disclaimer 'Not an attorney' to save space.
Correct answer: The notary must prominently display the required statement at the place of business where the notarial act is performed.
RULONA provides an exception for advertisements where the full statement cannot be included due to size. In such cases, the law requires that the statement must be 'displayed prominently or provided at the place of performance of the notary act before the act is performed.' Simply omitting it is a violation.
Question 3: A client presents a Pennsylvania notary with a complex document written in a foreign language they do not understand and asks for an acknowledgment. The client seems to understand the document and has presented valid identification. What is the most appropriate action for the notary to take?
- Notarize the signature since the notarial act pertains to the signature, not the document's contents.
- Refuse the notarization because the notary cannot understand the document's contents. (Correct answer)
- Require the signer to provide a certified English translation of the document before proceeding.
- Proceed with the notarization but make a note in the journal that the document was in a foreign language.
Correct answer: Refuse the notarization because the notary cannot understand the document's contents.
While a notary is not responsible for the content of a document, they have the authority to refuse a notarization if they are not satisfied or comfortable with any aspect of the transaction. Notarizing a document whose nature and purpose are completely unknown to the notary, especially in a foreign language, introduces risk and uncertainty. The safest and most professional course of action is to refuse the notarization to avoid potential involvement in a fraudulent or illegal act.
Question 4: A notary works at a bank. A customer needs a signature guarantee for a stock transfer, a service the bank provides through its brokerage department. The customer, confused, asks the notary to perform the signature guarantee. The notary knows they cannot perform this act. What is the most accurate explanation the notary can give the customer without engaging in UPL?
- "You need to go to our brokerage department; a notary seal and a signature guarantee are legally interchangeable for this.
- "I can't help you because a signature guarantee is a complex legal act that only a lawyer can perform."
- "A notary public verifies identity and the voluntary signing of a document, whereas a signature guarantee is a financial certification that warrants the signature's authenticity and the signer's legal authority, which I am not authorized to provide." (Correct answer)
- "I can notarize your signature on this form, which will then make it a valid signature guarantee for your stock transfer."
Correct answer: "A notary public verifies identity and the voluntary signing of a document, whereas a signature guarantee is a financial certification that warrants the signature's authenticity and the signer's legal authority, which I am not authorized to provide."
This answer correctly and factually differentiates between a notarization and a signature guarantee without providing legal advice. It explains the notary's function and the nature of the requested service, clarifying why they are not authorized to perform it. The other options are incorrect: they misstate the law, incorrectly define a signature guarantee, or offer to perform an inappropriate act.
Question 5: Which of the following scenarios constitutes a prohibited act for a Pennsylvania notary?
- Notarizing a document for a coworker when the document is for the coworker's personal use and unrelated to their employment.
- Charging a fee to travel to a client's location, in addition to the statutory fee for the notarial act, after the client agreed to the travel fee in advance.
- Backdating a notarial certificate to the previous day because the signer was physically present and signed the document then, but the notary forgot to complete the journal entry and stamping. (Correct answer)
- Refusing to notarize a document for an individual who appears to be under duress, even though they have presented valid identification.
Correct answer: Backdating a notarial certificate to the previous day because the signer was physically present and signed the document then, but the notary forgot to complete the journal entry and stamping.
Altering, post-dating, or backdating a notarial act is explicitly prohibited and is a serious offense. The date on the notarial certificate must be the date the notary actually performed the act. The other scenarios are permissible: notarizing for a coworker on a personal matter is not a conflict of interest, charging an agreed-upon travel fee is allowed, and refusing service due to suspected duress is a notary's right and responsibility.
Question 6: A notary is presented with a power of attorney document to be notarized. The notary notices their own spouse is named as one of several co-agents in the document. The notary and their spouse will not receive any direct financial benefit from the execution of this specific document. Can the notary proceed?
- Yes, because there is no direct financial gain for the notary or their spouse from the notarization itself.
- No, because a notary may not perform a notarial act with respect to a record in which the notary's spouse has a direct or pecuniary interest. (Correct answer)
- Yes, as long as there is at least one other agent named in the document besides the spouse.
- No, a notary can never notarize for any family member under any circumstances.
Correct answer: No, because a notary may not perform a notarial act with respect to a record in which the notary's spouse has a direct or pecuniary interest.
Pennsylvania law explicitly prohibits a notary from performing a notarial act on a record where the notary or their spouse has a direct or pecuniary interest. Being named as an agent in a power of attorney constitutes such an interest, regardless of whether immediate financial gain is apparent. The potential to act and make decisions on behalf of the principal is a significant interest.
PA Notary Prohibited Acts & UPL 2
A Pennsylvania notary is an employee at a large real estate firm and is paid an hourly wage.
The firm offers a quarterly bonus to all administrative staff, including the notary, based on the total number of property closings the firm completes.
The notary's duties include notarizing deeds and mortgage documents for these closings.
Under PA law, is this bonus structure a prohibited conflict of interest for the notary?