PA Notary Recognition of Out-of-State & Foreign Notarial Acts (Apostilles & Authentication) — Questions and Answers
Question 1: Under Pennsylvania's RULONA, a notarial act performed in another U.S. state by a notary public commissioned in that state has what effect in Pennsylvania?
- It has no effect until a Pennsylvania notary re-notarizes the document
- It has the same effect as if a Pennsylvania notary performed it (Correct answer)
- It is valid only if an apostille is attached
- It is valid only if the other state has a reciprocity agreement with Pennsylvania
Correct answer: It has the same effect as if a Pennsylvania notary performed it
RULONA (57 Pa.C.S. §311) says a notarial act performed in another state has the same effect under Pennsylvania law as if a Pennsylvania notary had performed it. This applies when it was done by someone authorized under that state's law, such as a notary of that state. No re-notarization, apostille or reciprocity agreement is needed.
Question 2: Which of the following is an internationally recognized certificate that authenticates a public official's signature, including a notary's, on a document going to another country that belongs to the Hague Convention?
- A certificate of acknowledgment
- A jurat
- An apostille (Correct answer)
- A certificate of good standing
Correct answer: An apostille
The 1961 Hague Convention abolished the chain of legalization for public documents and replaced it with a single certificate called an apostille. Acknowledgments and jurats are notarial certificates, not authentications.
Question 3: Who issues apostilles for documents notarized by a Pennsylvania notary public?
- The notary public who notarized the document
- The county recorder of deeds
- The Pennsylvania Department of State (Correct answer)
- The U.S. Department of State
Correct answer: The Pennsylvania Department of State
Apostilles for documents bearing a Pennsylvania notary's signature come from the Pennsylvania Department of State. A notary cannot issue an apostille or authenticate their own act. The U.S. Department of State handles federal documents, not documents signed by state notaries.
Question 4: A Pennsylvania document is being sent to a country that is NOT a member of the Hague Apostille Convention. Which statement is generally correct?
- No authentication is ever needed for non-Hague countries
- The notary can attach their own apostille
- The Department of State issues a certificate of authentication instead of an apostille, and the destination country's embassy or consulate may also require legalization (Correct answer)
- The document must be notarized again in the destination country
Correct answer: The Department of State issues a certificate of authentication instead of an apostille, and the destination country's embassy or consulate may also require legalization
For countries outside the Hague Convention, the state issues a certificate of authentication instead of an apostille. The document may then need further legalization, for example by the destination country's embassy or consulate.
Question 5: Under RULONA, a notarial act performed by which of the following has the same effect in Pennsylvania as one performed by a Pennsylvania notary, because it is authorized under federal law?
- A commissioned officer on active duty in the U.S. armed forces (Correct answer)
- A licensed real estate broker in Pennsylvania
- A bank teller who is not a notary
- A foreign attorney practicing outside the United States
Correct answer: A commissioned officer on active duty in the U.S. armed forces
RULONA (57 Pa.C.S. §313) recognizes notarial acts performed under federal authority. These include acts by judges, clerks and deputy clerks of federal courts, commissioned officers on active duty in the military, and foreign-service or consular officers. Brokers, tellers and foreign attorneys get no such recognition just because of their job.
Question 6: Under RULONA, what conclusively establishes that a foreign notarial officer's signature and title are genuine?
- A sworn statement by the document signer
- An apostille issued under the Hague Convention (Correct answer)
- The notarial seal of a Pennsylvania notary placed next to the foreign seal
- A translation of the document into English
Correct answer: An apostille issued under the Hague Convention
RULONA (57 Pa.C.S. §314) says an apostille in the form required by the Hague Convention conclusively establishes that the foreign officer's signature is genuine and that the officer holds the stated office. A consular authentication also establishes this. A signer's statement, a Pennsylvania notary's seal or a translation does not.
