Pennsylvania Notary Public Exam β Questions and Answers
Question 1: A notary public in Pennsylvania resigns from their commission halfway through their 4-year term. What specific obligation does the notary's bond cover regarding their official records after resignation?
- The bond ensures the notary's journal is shredded to protect client privacy.
- The bond guarantees the return of the notary's seal to the Department of State.
- The bond is conditioned for the delivery of the notary's register to the recorder of deeds office within 30 days. (Correct answer)
- The bond automatically terminates and has no further obligations upon the notary's resignation.
Correct answer: The bond is conditioned for the delivery of the notary's register to the recorder of deeds office within 30 days.
The notary bond is conditioned for the faithful performance of duties, which includes the proper disposition of the notary's journal (register). In the case of resignation, death, or disqualification, the bond ensures the register is delivered to the office of the recorder of deeds of the proper county within 30 days.
Question 2: A non-resident of Pennsylvania wishes to become a PA notary. Which of the following is a primary condition they must meet to be eligible?
- They must post a larger surety bond than a resident notary.
- They must have a place of employment or practice within Pennsylvania. (Correct answer)
- They must own property within the Commonwealth.
- They must be a resident of a neighboring state (NJ, DE, MD, WV, OH, NY).
Correct answer: They must have a place of employment or practice within Pennsylvania.
Pennsylvania law allows non-residents to become notaries if they have a place of employment or practice within the Commonwealth. They must meet all other standard eligibility requirements for residents, such as age and character, but the residency requirement is met through their employment in the state.
Question 3: A notary fails to report a change of their office address to the Department of State within the legally mandated timeframe. What is the specific consequence for this failure under Pennsylvania notary law?
- A mandatory 30-day suspension of their commission.
- They vacate their office. (Correct answer)
- An automatic fine of $500.
- They must retake the notary public examination.
Correct answer: They vacate their office.
Under 57 Pa.C.S. Β§ 7(a), a notary public vacates their office by removing their office from the Commonwealth. More importantly, the law requires written notice to the Secretary of the Commonwealth within five days of a change of address within the Commonwealth. While the statute doesn't specify an immediate penalty for failing to report an in-state move, the ultimate consequence of failing to maintain a valid address of record can be the vacation of the office.
Question 4: A Pennsylvania notary performs a Remote Online Notarization (RON) for a signer located outside the United States. In addition to the standard journal entry, what specific record-keeping requirement is unique to this RON transaction?
- An audio-visual recording of the notarial act must be created and retained for at least 10 years. (Correct answer)
- A separate journal must be used exclusively for international RONs.
- The journal entry must note that the notarial act was performed using communication technology.
- The notary must obtain and record a written statement from the signer confirming the legality of the act in their country.
Correct answer: An audio-visual recording of the notarial act must be created and retained for at least 10 years.
For any notarial act performed for a remotely located individual, Pennsylvania law requires the notary to create an audio-visual recording of the performance of the notarial act. This recording must be retained by the notary or a designated repository for a period of at least 10 years.
Question 5: A signer, who is physically unable to sign their name, directs another individual to sign a document on their behalf in your presence. According to the Pennsylvania Association of Notaries (PAN) recommendations, what is the proper procedure for the designated signer to follow?
- Sign their own name and have the disabled individual make a mark next to it.
- Sign their own name only, and the notary must note the situation in the journal.
- Sign the disabled individual's name and write 'signed by proxy'.
- Sign their own name and print the words 'for' followed by the disabled individual's name. (Correct answer)
Correct answer: Sign their own name and print the words 'for' followed by the disabled individual's name.
When a principal is unable to sign and directs another person to do so, the Pennsylvania Association of Notaries (PAN) suggests a specific method. The designated individual should sign their own name and then print 'for' followed by the name of the principal to clearly indicate who they are signing on behalf of.
Question 6: A signer is physically unable to write their full name but can make a mark. Two witnesses are present. What is the correct procedure for a Pennsylvania notary to follow for a signature by mark on a standard legal document?
- The notary must make the mark for the signer and then have the two witnesses sign the document.
- The signer makes their mark, one witness prints the signer's name near the mark and signs as a witness, and the other witness also signs. (Correct answer)
- The notary must refuse the notarization as a full signature is required on all documents.
- The signer makes their mark, and the notary prints the signer's name with the notation 'his/her mark' nearby. The witnesses are not required to sign.
Correct answer: The signer makes their mark, one witness prints the signer's name near the mark and signs as a witness, and the other witness also signs.
Under Pennsylvania's Statutory Construction Act, a signature includes a mark when the individual cannot write, but their name must be written near it and witnessed by another person who writes their own name. While one witness is the minimum statutory requirement for the mark to be considered a signature, having two witnesses present (and signing) is a common and recommended best practice, especially for important documents.
Question 7: A Pennsylvania notary discovers their official stamping device has been misplaced and is unavailable. According to the law, what is the specific timeframe within which the notary must report this to the Department of State?
- Within 3 business days of the discovery.
- Within 15 days of discovering the loss. (Correct answer)
- Immediately, but no later than 24 hours.
- Within 30 days of the discovery.
Correct answer: Within 15 days of discovering the loss.
Pennsylvania notary law requires a notary public to promptly report the loss or theft of their stamping device (or journal) to the Department of State. The report must be made within fifteen (15) days of the discovery of the loss or theft. The term 'loss' includes devices that are misplaced, destroyed, or otherwise made unavailable.
Question 8: A notary performs a remote online notarization (RON) for a signer located in another state. According to Pennsylvania's RON laws, which specific statement MUST be included in the notarial certificate?
- "This remote notarization is valid in the Commonwealth of Pennsylvania."
- "The signer's identity was verified remotely using an approved vendor."
- "This notarial act involved the use of communication technology." (Correct answer)
- "This notarial act was performed for a remotely located individual."
Correct answer: "This notarial act involved the use of communication technology."
Pennsylvania law requires that when a notarial act is performed using communication technology for a remotely located individual, the certificate of notarial act must include a statement indicating this fact. The suggested wording is often similar to 'This notarial act involved the use of communication technology.'
Question 9: A notary resigns from their position with a law firm. The firm's manager, who paid for the notary's commission and supplies, demands the notary surrender their official stamp and journal. What is the notary's legal obligation?
- Provide the employer with certified copies of the journal entries made for the firm's business.
- Surrender the stamp and journal because the employer paid for them.
- Refuse to surrender the equipment, as it is the exclusive property of the notary. (Correct answer)
- Surrender the equipment but file a report with the Department of State within 15 days.
Correct answer: Refuse to surrender the equipment, as it is the exclusive property of the notary.
Under Pennsylvania law, the official stamping device and the notary journal are the exclusive property of the notary public to whom they are issued, regardless of who paid for them. A notary must never surrender their equipment to an employer upon termination of employment.
Question 10: A notary performs a verification on oath or affirmation for a document with three signatories. According to the official Pennsylvania fee schedule, what is the maximum fee the notary can charge for this single notarial act?
- $5.00 (Correct answer)
- $20.00 (as it involves multiple people)
- $15.00 ($5.00 per signature)
- $9.00 ($5.00 for the first signature, $2.00 for each additional)
Correct answer: $5.00
The Pennsylvania Notary Public fee schedule explicitly states that the fee for 'Taking verification on oath or affirmation' is $5.00, regardless of the number of signatures on the document. This is different from an acknowledgment, which has a separate fee for additional names.
Question 11: A notary realizes their electronic journal file from last year has been corrupted and is unreadable due to a hard drive failure. According to Pennsylvania law, what liability does the notary face for this situation, assuming it was accidental?
- No liability, as accidental data loss is exempt from penalties.
- Criminal charges for destruction of official records.
- A civil fine of up to $500 payable to the recorder of deeds.
- Potential disciplinary action from the Department of State for failing to secure and maintain the journal. (Correct answer)
Correct answer: Potential disciplinary action from the Department of State for failing to secure and maintain the journal.
Notaries are responsible for the custody and control of their journal. Failing to properly back up and secure an electronic journal, leading to its loss, could be seen by the Department of State as a failure to discharge the duties required of a notary. This could lead to sanctions under 57 Pa.C.S. Β§ 323, such as a reprimand, required education, or even a fine, as it demonstrates a lack of competence or reliability.
Question 12: During a Remote Online Notarization (RON) in Pennsylvania, what is the specific requirement for the notarial certificate?
- The certificate must list the specific brand of communication technology used.
- The certificate must be physically mailed to the signer within 24 hours.
- The certificate does not require any special wording different from a traditional notarization.
- The certificate must indicate that the notarial act was performed by means of communication technology. (Correct answer)
Correct answer: The certificate must indicate that the notarial act was performed by means of communication technology.
When a notarial act is performed remotely in Pennsylvania, the law requires that the certificate of notarial act explicitly states it was performed using communication technology. This disclosure is critical for the legal validity and transparency of the remote notarization process.
Question 13: A document is presented for notarization that is written entirely in Spanish. The signer is fluent in both Spanish and English and presents a valid, unexpired Pennsylvania driver's license. The notarial certificate is in English. What is the correct course of action for the notary?
- Proceed, but insist on using a Spanish-language notarial certificate attached to the document.
- Proceed with the notarization, as the notary's role is to identify the signer and witness the signature, not to understand the document's content. (Correct answer)
- Require the signer to provide a certified English translation of the entire document before proceeding.
- Refuse the notarization because the notary cannot read the document.
Correct answer: Proceed with the notarization, as the notary's role is to identify the signer and witness the signature, not to understand the document's content.
In Pennsylvania, a notary is not required to read or understand the content of the document being notarized. The notary's primary duties are to properly identify the signer and ensure the signature is willingly made. As long as the notary can communicate with the signer and the notarial certificate is in English, the notarization can proceed.
Question 14: A notary is asked to travel to a hospital to notarize a power of attorney. The notary charges the maximum state fee for the notarial act, a travel fee based on mileage, and an additional 'special convenience' fee because the notarization is taking place after normal business hours. Which of the following is true regarding this fee structure?
- All charged fees are permissible as long as the client agrees to them in advance.
- The notary must bundle all travel and convenience charges into a single 'administrative fee'.
- The notary can only charge the state-mandated fee and an actual mileage fee, nothing more.
- The 'special convenience' fee is not allowed, but the travel fee is permissible if it's reasonable. (Correct answer)
Correct answer: The 'special convenience' fee is not allowed, but the travel fee is permissible if it's reasonable.
Pennsylvania law allows notaries to charge clerical or administrative fees, which can include travel. These fees are not set by the Department of State but must be reasonable. However, vague fees like 'special convenience' are not explicitly mentioned and could be scrutinized. The key is that any non-statutory fees must be related to actual services provided, like travel, copying, etc., and must be disclosed and agreed upon beforehand. There is no provision for an undefined 'convenience' fee.
Question 15: A notary's commission expires, and they do not apply for reappointment. What is the legally mandated procedure for their final journal?
- The journal must be delivered to the recorder of deeds office in the county where the notary last maintained an office within 30 days. (Correct answer)
- The journal becomes the personal property of the notary to be retained indefinitely.
- The journal must be delivered to the Department of State within 60 days.
- The journal must be destroyed to protect the privacy of the signers.
Correct answer: The journal must be delivered to the recorder of deeds office in the county where the notary last maintained an office within 30 days.
Upon expiration of a commission without renewal, resignation, or revocation, a Pennsylvania notary has 30 days to deliver their journal(s) to the office of the recorder of deeds in the county of their last office. This ensures the records are preserved and accessible.
Question 16: When performing an electronic notarization on an electronic record, which of the following is true regarding the notary's official stamp?
- The notary's digital certificate serves as the official stamp, and no other image or text is needed.
- The official stamp is optional if other required information, like the notary's name and commission expiration, is included in the notarial certificate. (Correct answer)
- The use of an official stamp is mandatory and must be a scanned image of the physical rubber stamp.
- An electronic stamp must always be applied, but it can only be in a specific format provided by the Department of State.
Correct answer: The official stamp is optional if other required information, like the notary's name and commission expiration, is included in the notarial certificate.
For electronic notarizations in Pennsylvania, the official stamp may be attached to or logically associated with the certificate. However, its use is considered optional if the information that would be in the stamp (notary's name, title, county, commission expiration, etc.) is already included as part of the notarial certificate itself.
Question 17: Which of the following is a required component of identity verification for a remote online notarization (RON) in Pennsylvania?
- The use of credential analysis and knowledge-based authentication (KBA). (Correct answer)
- The signer emailing a scanned copy of their ID to the notary beforehand.
- Having a credible witness present with the signer at their remote location.
- A verbal confirmation of the signer's date of birth and address.
Correct answer: The use of credential analysis and knowledge-based authentication (KBA).
RON requires a robust, multi-factor identity verification process. This includes remote presentation of an ID, analysis of the ID's security features by the technology platform (credential analysis), and having the signer answer questions based on their personal and credit history (knowledge-based authentication, or KBA).
Question 18: A Pennsylvania notary who is fluent in Spanish advertises their services in a local Spanish-language newspaper. The ad correctly includes the required disclaimer, 'I am not an attorney...' in Spanish. However, due to a printing error by the newspaper, the disclaimer is published in a tiny, 6-point font that is barely legible. Which of the following is true regarding the notary's liability?
- The notary can avoid liability by posting a compliant sign at their place of business.
- The notary is only liable if they used the term 'notario publico' in the advertisement.
- The notary is strictly liable for the advertisement failing to be 'prominently' displayed. (Correct answer)
- The notary has no liability as the error was made by the newspaper.
Correct answer: The notary is strictly liable for the advertisement failing to be 'prominently' displayed.
Pennsylvania law requires that the disclaimer in any advertisement must be included 'prominently.' The notary is responsible for their advertising content. Even if the error was the newspaper's, the final product did not meet the legal standard of prominence. The law does not absolve the notary due to a third-party printer's mistake. While posting a sign is also required if the ad format doesn't permit the full disclaimer, it does not cure a defective print advertisement.
Question 19: Under Pennsylvania law, besides notaries public, which of the following officers is ALSO authorized to administer oaths?
- Bank branch managers for financial affidavits
- Real estate agents for property-related affidavits
- Licensed attorneys acting in their private practice
- Magisterial district judges and other judicial officers (Correct answer)
Correct answer: Magisterial district judges and other judicial officers
In Pennsylvania, magisterial district judges, justices of the peace, and other judicial officers are authorized by statute to administer oaths, in addition to notaries public.
Question 20: After passing the exam, to which entity does a prospective notary submit their application?
- The Department of Revenue
- The local county courthouse
- The Governor's office
- The Department of State (Correct answer)
Correct answer: The Department of State
The completed notary public application, along with the required fees and proof of education, is submitted to the Pennsylvania Department of State for review and approval.
Question 21: Due to a sudden job relocation, a Pennsylvania notary moves out of the Commonwealth and no longer works in the state. What is the status of their notary commission?
- The commission is automatically suspended and can be reactivated upon returning to the Commonwealth.
- The commission is valid until its expiration date, regardless of residency or employment status.
- The commission remains active for 90 days, allowing them to perform remote online notarizations.
- The notary is considered to have resigned their commission as of the date they ceased to live or work in Pennsylvania. (Correct answer)
Correct answer: The notary is considered to have resigned their commission as of the date they ceased to live or work in Pennsylvania.
If a notary public neither resides nor works in the Commonwealth, they are deemed to have resigned from the office of notary public as of the date the residency ceases or employment terminates. The notary must then notify the Department of State in writing of this resignation.
Question 22: If a notary uses a credible witness to identify a signer, what information about the witness must be recorded in the notary journal?
- The witness's name, address, and signature. (Correct answer)
- The witness's date of birth and employer.
- The witness's phone number and relationship to the signer.
- A photocopy of the witness's identification.
Correct answer: The witness's name, address, and signature.
The journal entry must create a complete record. This includes the credible witness's name and address, their signature, and a brief description of how the notary identified the witness (e.g., 'personal knowledge' or 'PA Driver's License').
Question 23: When performing a notarial act in Pennsylvania, which method of identifying a principal is considered acceptable under RULONA?
- A driver's license that expired two weeks prior to the notarial act.
- The oath or affirmation of a credible witness personally known to the notary and who personally knows the principal. (Correct answer)
- A credit card with a photograph of the principal.
- A recent utility bill showing the principal's name and address.
Correct answer: The oath or affirmation of a credible witness personally known to the notary and who personally knows the principal.
PA RULONA permits identification based on personal knowledge, satisfactory evidence (such as a government-issued identification credential), or the oath or affirmation of a credible witness personally known to the notary and who personally knows the individual. An expired driver's license, even if recently expired, is generally not considered satisfactory evidence of identity. A credit card is not a government-issued identification credential. A utility bill does not provide photographic identification or signature for comparison.
Question 24: A Pennsylvania notary's office of record is in Lycoming County. They move their residence to Dauphin County but continue to work at the same office in Lycoming County. Which of the following actions is required?
- Resign their commission as they no longer reside in the county of their office.
- Notify the Department of State of the new home address within 30 days. (Correct answer)
- Obtain a new bond and retake the oath of office in Lycoming County.
- Re-register their signature with the Prothonotary in Dauphin County.
Correct answer: Notify the Department of State of the new home address within 30 days.
A notary public must notify the Department of State within 30 days of any change to their home or office address. Since the office of record remains in Lycoming County, there is no need to re-register the signature in the new county of residence. The commission is valid statewide, and moving one's residence does not require resignation as long as the notary still works or resides in the Commonwealth.
Question 25: A notary's employer keeps the official seal in a locked central desk drawer, to which both the notary and a manager have a key for 'convenience.' This practice is:
- Allowed, but only if the manager is also a commissioned notary public in Pennsylvania.
- Acceptable, provided the employer's policy is documented in writing and acknowledged by the notary.
- Impermissible, because the notary must maintain exclusive custody and control of their official seal at all times. (Correct answer)
- Permissible, as long as the notary is present whenever the manager accesses the seal.
Correct answer: Impermissible, because the notary must maintain exclusive custody and control of their official seal at all times.
The Pennsylvania Notary Public Law states that the official stamping device is the exclusive property of the notary public, who is responsible for its custody and control at all times. Allowing an employer or any other individual to have access, even shared access, violates this principle of exclusive control and can lead to disciplinary action.
Question 26: Which of the following acts by a Pennsylvania notary could result in the notarization being legally 'voidable'?
- Using an embosser in addition to the official rubber stamp seal.
- Performing a notarial act for a transaction where the notary is a named party and has a direct financial interest. (Correct answer)
- Failing to record the notarization in the journal within the same business day.
- Charging a fee higher than the state-mandated maximum.
Correct answer: Performing a notarial act for a transaction where the notary is a named party and has a direct financial interest.
Pennsylvania law explicitly prohibits a notary from performing a notarial act in a transaction where they are a party or have a direct or pecuniary interest. A notarial act performed in violation of this rule is considered voidable, meaning it can be legally nullified. Other violations may lead to disciplinary action or fines but do not automatically make the act itself voidable.
Question 27: When identifying a signer using a government-issued nondriver identification card, what are the essential requirements for the ID to be considered acceptable 'satisfactory evidence' in Pennsylvania?
- It must contain a photograph and have been issued in Pennsylvania.
- It must be current and unexpired. (Correct answer)
- It must be a REAL ID compliant card, regardless of expiration date.
- It must be issued within the last 5 years and contain a signature.
Correct answer: It must be current and unexpired.
According to the Revised Uniform Law on Notarial Acts (RULONA) as adopted in Pennsylvania, a government-issued identification card, such as a driver's license or nondriver ID, must be current and unexpired to be considered satisfactory evidence of identity.
Question 28: A Pennsylvania notary is notarizing a Power of Attorney where the principal is physically unable to sign their name but can make a mark. Two witnesses are present. Who is explicitly prohibited from serving as one of the required witnesses for this document?
- A close friend of the principal.
- The notary public performing the acknowledgment. (Correct answer)
- A relative of the agent named in the Power of Attorney.
- A neighbor who is also a notary but not performing this notarization.
Correct answer: The notary public performing the acknowledgment.
Pennsylvania law regarding Powers of Attorney has specific witness requirements. For a Power of Attorney executed by signature or mark, it must be witnessed by two individuals. The law explicitly states that the notary public or other person authorized to take acknowledgments before whom the power of attorney is acknowledged cannot also serve as one of the two witnesses. The agent designated in the document is also prohibited from being a witness.
Question 29: For how long must a Pennsylvania notary public retain their official journal and all other notarial records?
- Until the notary's commission expires.
- 3 years after the date of the notarial act.
- 7 years after the date of the notarial act. (Correct answer)
- 5 years after the date of the notarial act.
Correct answer: 7 years after the date of the notarial act.
Pennsylvania notaries are required to retain their journals and all other notarial records for a period of seven years after the date of the notarial act. This ensures a sufficient record-keeping period for legal and administrative purposes.
Question 30: A signer appears before a PA notary but lacks acceptable identification. They bring a credible witness. To be valid, the credible witness must swear or affirm certain facts. Which of the following is NOT a required statement for the credible witness?
- That the individual appearing before the notary is the person named in the document.
- That the witness has known the signer for a minimum of two years. (Correct answer)
- That the signer does not possess any authorized identification documents.
- That the witness does not have a direct or pecuniary interest in the record being notarized.
Correct answer: That the witness has known the signer for a minimum of two years.
Pennsylvania law specifies what a credible witness must attest to when identifying a signer. The witness must affirm they personally know the signer, that the signer is the person named in the document, that the signer lacks other ID, and that the witness has no financial interest in the transaction. However, there is no statutorily defined minimum duration for how long the witness must have known the signer.
Question 31: A RON-approved notary in Pennsylvania maintains their journal in a tamper-evident electronic format as required. A former client requests a certified copy of a specific journal entry from a RON session conducted six months prior. What is the notary's obligation?
- Decline the request, as electronic journals are for the notary's records only and cannot be shared.
- Inform the requester that they must petition the Department of State to access the journal.
- Provide a certified copy of the requested entry within 10 days and may charge a reasonable fee for the copy and postage. (Correct answer)
- Provide a screenshot of the requested entry via email within 30 days.
Correct answer: Provide a certified copy of the requested entry within 10 days and may charge a reasonable fee for the copy and postage.
Pennsylvania law requires notaries to provide a certified copy of their journal to any person who applies for it, regardless of whether the journal is tangible or electronic. The notary must provide the copy within 10 days of the request and is permitted to charge reasonable fees for copying and postage.
Question 32: Which of the following actions by a notary constitutes the unauthorized practice of law (UPL)?
- Refusing to notarize an incomplete document.
- Advising a signer on which type of notarial certificate to use. (Correct answer)
- Charging the maximum fee allowed by the state.
- Keeping a detailed journal of all notarial acts.
Correct answer: Advising a signer on which type of notarial certificate to use.
Choosing the correct notarial act (e.g., acknowledgment vs. jurat) carries legal implications. A notary cannot advise the signer on this choice, as that constitutes giving legal advice. The signer must decide, or get advice from an attorney or the document's originator.
Question 33: A notary's employer paid for their commission and bond. The notary leaves that job to work for a new company. Which of the following is true regarding the notary's bond?
- The bond remains valid and in the notary's name, regardless of their employment status. (Correct answer)
- The bond is cancelled by the former employer upon the notary's departure.
- The notary must reimburse the original employer for the cost of the bond.
- The notary must obtain a new bond paid for by the new employer.
Correct answer: The bond remains valid and in the notary's name, regardless of their employment status.
A notary's bond is tied to their individual commission, not their employer. Even if an employer pays for it, the bond belongs to the notary for the duration of their commission term and cannot be cancelled by the employer upon termination of employment.
Question 34: May a Pennsylvania notary express a preference for an oath over an affirmation, or vice versa, when asked to administer one?
- No, the notary must remain neutral and respect the signer's choice (Correct answer)
- No, unless the document specifically mandates an oath by statute
- Yes, if the type of document being signed requires it by law
- Yes, if the notary believes an oath is more legally binding
Correct answer: No, the notary must remain neutral and respect the signer's choice
Pennsylvania law requires the notary to remain neutralβa notary may not express a preference for or against either form of pledge; the signer's choice governs.
Pennsylvania Notary Public Exam
The Pennsylvania Notary Public Exam tests knowledge of notarial acts, Pennsylvania notary law, identification requirements, journal keeping, and ethical obligations required for commissioning.
Exam Rules
- You can skip questions and return to them later
- Flag questions for review before submitting
- No feedback shown until you submit the entire exam
- Unanswered questions count as wrong β answer everything
- 10 pretest questions are mixed in and don't affect your score
- Timer auto-submits when time runs out
- Your progress is auto-saved every 30 seconds