REVISED

UNIFORM LAW ON

NOTARIAL ACTS Presented to the

Pennsylvania Court Reporters Association Harrisburg, PA

March 21, 2014

MARC L. ARONSON

President and CEO

Pennsylvania Association of Notaries One Gateway Center, Suite 401

420 Fort Duquesne Boulevard

Pittsburgh, PA 15222

800-944-8790, Ext. 113 maronson@notary.org

Title 57: Notaries Public

• The “Notary Public Law” [57 P.S. §147-169]

• Passed in 1953

• Last update effective 2003

• Was not uniform with other states’ notary laws

• The “Revised Uniform Law on Notarial Acts” (RULONA) [57 Pa.C.S. §301-331]

• Drafted by the Uniform Law Commission (ULC) in 2010

• Written by legal experts to be comprehensive and flexible

• Passed in Iowa, North Dakota, Oregon (and a little bit in Nevada)

• Introduced in Georgia, and on the governor’s desk in West Virginia

• In Pennsylvania: Act 73 of 2013 signed on October 9, 2013

When Will the Law Take Effect?

• A long road:

• The General Assembly took five months to unanimously pass H.B. 25

• Gov. Tom Corbett signed the bill into law October 9, 2013

• The Department of State must publish a required notice

• The law goes into effect 180 days (six months) after the notice

• The Department of State’s tasks:

• Write regulations that satisfy the Department and stakeholders

• Review and approve notary education providers’ courses

• Publish the required notice to start the 180-day clock

What Should You Do Now?

• Continue to perform your notarial duties under the old law.

• Wait for the Department of State to draft regulations.

• Plan to take education, as usual, in the six months prior to

your commission expiration date.

• Watch PAN’s Web site, blog, Facebook page and Twitter

feed for information.

Why a New Notary Law in PA?

• Society and business have changed in the last decade. For example:

• Electronic notarization

• Increase in identity theft

• “Robo-signing” scandal

• Increase in the immigrant population

• These trends drew attention to a number of deficiencies in the current notary law.

• Consensus developed around the need for proper training, accurate recordkeeping and the ability to discipline notaries in an effective manner.

Unsworn Foreign Declarations

• The Uniform Unsworn Foreign Declarations Act (UUFDA) permits state courts to accept unsworn declarations, executed under penalty of perjury, by witnesses physically located outside the United States.

• An unsworn foreign declaration may be executed in lieu of affidavits, verifications, or other sworn court filings.

• An unsworn foreign declaration may not be executed in lieu of depositions, oaths of office, oaths related to self-proved wills, declarations recorded under certain real estate statutes, and oaths required to be given before specified officials other than a notary.

What’s the Same in RULONA?

• Appointment and commissioning

• Senator’s endorsement of application is required

• $10,000 surety bond is required

• Bond, oath of office, commission recorded at county recorder’s office

• Official signature on file with the county prothonotary/clerk of courts

• Notary is commissioned for four years

• Notarization

• Notary must require the personal appearance of the signer

• Notary must determine the signer’s identity through satisfactory evidence or personal knowledge

• Notary must use a rubber stamp seal on all official acts

• Notary must record each act chronologically in a register (“journal”)

• Notarial fees remain the same

What’s New in RULONA?

• Qualifications for applicants

• Must be a citizen or permanent legal resident

• Must be able to read and write English

• Application fee is $42

• Proper training

• New notaries must have three hours of training and pass a test

• Existing notaries must have three hours of training every four years

• Emphasis on personal appearance and proper identification

• Satisfactory evidence of identity

• Specific forms of ID, with flexibility to require more proof

• Accurate recordkeeping

• More information will be recorded in the notary’s register (“journal”)

What’s New in RULONA?

• Electronic notarization

• Identical requirements for paper and electronic records

• “Technology neutral”

• Works with existing federal and state laws (UETA, ESIGN, URPERA)

• Ability to discipline notaries in an effective manner

• A list of specific offenses (civil and criminal)

• Increase in the penalty from $500 to $1,000 per violation

• Prohibited acts

• Unauthorized practice of law

• False or fraudulent advertising

• Use of “notario” or “notario publico”

Definition of “Notarial Officer”

§ 302 – Definitions

"Notarial officer." A notary public or other individual authorized to perform a notarial act.

"Notary public." An individual commissioned to perform a notarial act by the department.*

* The Pennsylvania Department of State.

Direct or Pecuniary Interest

§ 304 – Authority to perform notarial act

(b) Prohibited. (1) A notarial officer may not perform a notarial act with respect to a record in which the officer or the officer’s spouse has a direct or pecuniary interest.

• The notary may be a shareholder in a publicly traded company that is a party to the transaction.

• The notary may be an officer, director or employee of a company that is a party to the transaction, unless the notary personally benefits from the transaction other than by receiving a fee that is not contingent on the completion of the notarial act.

Definition of “Notarial Act”

§ 302 – Definitions

"Notarial act." An act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of this Commonwealth. The term includes: (1) taking an acknowledgment; (2) administering an oath or affirmation; (3) taking a verification on oath or affirmation; (4) witnessing or attesting a signature; (5) certifying or attesting a copy or deposition; and (6) noting a protest of a negotiable instrument.

Definition of “Verification on oath …”

§ 302 – Definitions

"Verification on oath or affirmation." A declaration, made

by an individual on oath or affirmation before a notarial

officer, that a statement in a record is true. The term

includes an affidavit.

Personal Appearance

§ 306 – Personal appearance required.

If a notarial act relates to a statement made in or a

signature executed on a record, the individual making the

statement or executing the signature shall appear

personally before the notarial officer.

Identification

§ 307 – Identification of individual.

(a) Personal knowledge. A notarial officer has personal

knowledge of the identity of an individual appearing before

the officer if the individual is personally known to the officer

through dealings sufficient to provide reasonable

certainty that the individual has the identity claimed.

Identification

§ 307 – Identification of individual.

(b) Satisfactory evidence. A notarial officer has satisfactory evidence of identity … if the officer can identify the individual … by …

• A passport, driver’s license or government issued non-driver identification card which is current and unexpired

• Another form of government identification which is current, contains the signature or photograph of the individual and is satisfactory to the officer

• By verification on oath or affirmation of a credible witness personally appearing before and known to the officer

Identification

§ 307 – Identification of individual.

(c) Discretion. A notarial officer may require an individual to

provide additional information or identification credentials

necessary to assure the officer of the identity of the

individual.

Authority to Refuse Service

§ 308 – Authority to refuse to perform notarial act.

(a) Specific refusal. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

• The individual is competent or has the capacity to sign

• The individual’s signature is knowingly and voluntarily made

• The individual’s signature substantially conforms to the signature on the identification

• The individual’s physical appearance substantially conforms to the photograph on the identification

Notarial Certificate

§ 315 – Certificate of notarial act.

(a) Requirements.

• A notarial act shall be evidenced by a certificate, executed

contemporaneously with the notarial act, signed and dated by the

notarial officer, identifying the county and state in which the notarial

act is performed, and containing the officer’s title of office

• If the notarial officer is a notary public, the notary must sign exactly

and only as his/her name appears on the commission and indicate

the commission expiration date

• An official stamp shall be affixed in a form capable of photographic

reproduction

Short Form Certificates

§ 316. Short form certificates

(3) For a verification on oath or affirmation:

State of

County of .

Signed and sworn to (or affirmed) before me on date by name(s) of individual(s) making statement .

Signature of notarial officer

Stamp

Title of office

My commission expires:

Short Form Certificates

§ 316. Short form certificates

(4) For witnessing or attesting a signature:

State of

County of

Signed (or attested) before me on date by

name(s) of individual(s) .

Signature of notarial officer

Stamp

Title of office

My commission expires:

Short Form Certificates

§ 316. Short form certificates

(5) For certifying a copy of a record:

State of

County of

I certify that this is a true and correct copy of a document in the possession of name .

Date Signature of notarial officer

Stamp

Title of office

My commission expires:

Short Form Certificates

§ 316. Short form certificates

(6) For certifying the transcript of a deposition:

State of

County of

I certify that this is a true and correct copy of the transcript of the deposition of name .

Date Signature of notarial officer

Stamp

Title of office

My commission expires:

Rubber Stamp Seal

§ 317. Official stamp.

A notary public shall provide and keep an official seal, which shall be used to authenticate all the acts, instruments and attestations of the notary public. The seal must be a rubber stamp and must show clearly in the following order:

1. The words "Commonwealth of Pennsylvania"

2. The words "Notary Seal"

3. The name as it appears on the commission of the notary public and the words "Notary Public"

4. The name of the county in which the notary public maintains an office

5. The date the notary public's commission expires

6. Any other information required by the department

Rubber Stamp Seal

§ 318. Stamping device.

(a) Security.

• The notary is responsible for the security of the stamp and may

not allow anyone to use the stamp.

• On resignation, commission expiration, death, or adjudication of

incompetency, “the notary public (or personal representative)

shall disable the stamping device by destroying, defacing,

damaging, erasing or securing it against use in a manner

which renders it unusable.”

• On suspension or revocation, the notary must deliver the stamp

to the department.

• Loss or theft requires notification to the department.

Notarial Register or Journal

§ 319. Journal.

A notary public may maintain a separate journal for tangible records and for electronic records.

1. The date and time of the notarial act.

2. A description of the record, if any, and type of notarial act.

3. The full name and address of each individual for whom the notarial act is performed.

4. If identity of the individual is based on personal knowledge, a statement to that effect.

5. If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and any identification credential presented, including the date of issuance and expiration of an identification credential.

6. The fee charged by the notary public.

Electronic Notarization

§ 320. Notification … selection of technology.

• A notary may select one or more tamper-evident

technologies to perform electronic notarizations.

• The notary must notify the department of the technology

the notary intends to use.

• If the department has adopted standards, the technology

must conform to the standards.

Examination and Education

§ 322. Examination, basic education and continuing education.

An applicant who does not hold a notary commission must:

1. Complete an interactive or classroom course of at least three hours of basic education approved by the department, and

2. Pass an examination administered by the department or an entity approved by the department.

The course must cover the statutes, regulations, procedures and ethics relevant to notarial acts, with a core curriculum including the duties and responsibilities of the office of notary public and electronic notarization.

Examination and Education

§ 322. Examination, basic education and continuing

education.

An applicant applying for renewal of a notary commission must:

1. Complete an interactive or classroom course of at least three hours

of continuing education approved by the department.

The course must cover topics which ensure maintenance and enhance-

ment of skill, knowledge and competency necessary to perform notarial

acts.

Sanctions

§ 323. Sanctions

The department may deny, refuse to renew, revoke, suspend, reprimand or impose a condition on a commission for an act or omission that demonstrates a lack of honesty, integrity, competence or reliability to act as a notary.

• Fraudulent, dishonest or deceitful misstatement on application

• Conviction or ARD for felony or offense of fraud, dishonesty or deceit

• Legal or disciplinary finding based on fraud, dishonesty or deceit

• Failure to discharge a duty required of a notary

• Use of false or misleading advertising or misrepresentation

• Violation of the department’s regulations

Sanctions

§ 323. Sanctions

• Department may impose an administrative penalty of up to $1,000 for each act or omission on the notary or on any person who performs a notarial act without being properly appointed and commissioned

• Falsely pretending to be a notary and performing any action in furtherance of such false pretense, or using an official stamp when not commissioned as a notary, violates the Crimes Code, 18 Pa.C.S. §4913 (relating to impersonating a notary public or a holder of a professional or occupational license); second degree misdemeanor

• A violation of the Revised Uniform Law on Notarial Acts or a department regulation is a summary offense with a fine of up to $1,000

Prohibited Acts

§ 325. Prohibited Acts

A notary commission does not authorize a notary to:

• Assist persons in drafting legal records, give legal advice or otherwise

practice law

• Act as an immigration consultant or expert on immigration matters

• Represent a person in immigration or citizenship matters

• Receive compensation for performing these activities

A notary who is not an attorney may not use the term

“notario” or “notario publico”

Prohibited Acts

§ 325. Prohibited Acts If a notary who is not an attorney advertises notarial services, whether orally or in broadcast media, print media, and the Internet, the notary public shall include the following statement prominently and in each language used in the advertisement or representation:

“I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or

charge a fee for those activities.” If the ad is not broadcast media, print media, or the Internet and does not permit inclusion because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

Fees

§ 329.1. Fees of notaries public

• Fees shall be set by the department by regulation

• A notary may not charge a fee in excess of the fixed fee

• A notary may waive the right to charge a fee

• If fees are charged, they shall be separately stated and

either displayed in a conspicuous location or given to the

customer in advance

• Fees shall be the property of the notary and shall not

belong to or be received by the employer, unless mutually

agreed by the notary and the employer

Today’s Take-Aways

• The Revised Uniform Law on Notarial Acts will take effect 180 days after the Department of State publishes a notice

• Much of what you already do as a notary stays the same

• Witnessing or attesting a signature is a new power

• There are new requirements for the rubber stamp seal and notarial journal, and you are empowered to refuse service

• The Department of State has specific authorization to write regulations, educate and sanction notaries

Today’s Take-Aways

PAN members receive unlimited support for notary and motor vehicle questions.

Call PAN Customer Service at 800-944-8790

or visit www.notary.org/Services/Membership/

for more information about becoming a member.