What a Notary Is or Is Not

Marc L. AronsonPresident and CEO

Pennsylvania Association of NotariesJuly 14, 2012

Application Appointing authorities

Secretary of State Governor Lt. governor, county clerk, judge Other state department

Application fee $5 to $120 Average is $25 - $30

Qualifications Age of applicant

18 years of age NEBRASKA requires applicant to be 19

U.S. citizenship 18 states require U.S citizenship or legal

residency

Criminal background check California, Minnesota, New Hampshire,

Oregon, South Dakota

Qualifications Language Proficiency

22 states require applicants to be able to read and write English

Bond 31 states require a bond; $500 to $25,000 20 states do not require a bond

Educationand Testing

STATE EDUCATION TESTING

CALIFORNIA X XCOLORADO X XCONNECTICUT XDISTRICT OF COLUMBIA XFLORIDA XHAWAI’I XLOUISIANA XMONTANA XNEBRASKA XNEVADA XNEW YORK XNORTH CAROLINA X XOREGON X XPENNSYLVANIA XUTAH XWISCONSIN X

Commissioning Length of commission

32 states commission notaries for four years Range is two years to 10 years

Non-resident commission 29 states permit non-residents to hold a

notary commission

Stamp or Seal Rubber stamp

41 states require or permit a rubber stamp NEW JERSEY – stamp or seal is optional

Embossing seal Only D.C. requires an embossing seal 28 = YES; 14 = NO; 9 = OPTIONAL

Ink color 10 states specify dark or black ink UTAH requires purple

Records and Fees Journal or register

17 states require a journal or register 34 states do not require a journal or register

All states recommend the practice Fees

Minimum of 10 cents; maximum of $10 10 = $2; 13 = $5; 6 = $10 Six states do not specify fees

PRIA White Paper

“Notary Best Practices forRecordable Documents”

PRIA White Paper Notary Best Practices for Recordable Documents

Expedite processing of recordable documents; Encourage consistency, accuracy and completeness

of notarial certificates; Ensure readability of documents and the signatures,

dates and notarial seals placed on them; and Reduce rejections of documents submitted for

recording.

PRIA White Paper Notary Best Practices for Recordable Documents

“Whether the document is on paper or in electronic

form, the notary’s essential function is the same.”

PRIA White Paper Notary Best Practices for Recordable Documents

“Because the enforceability of a recorded document may be affected by the quality of its

acknowledgment, the significance of a proper notarizationcannot be overstated.”

PRIA White Paper Notary Best Practices for Recordable Documents

“PRIA encourages specific standards for notaries who handle

recordable documents and for commissioning authorities who appoint, oversee and discipline

notaries.”

PRIA White Paper Notary Best Practices for Recordable Documents

“Uniform state laws would be helpful to the property

records industry.”

RULONA Revised Uniform Law on Notarial Acts

Seven Years in the Making 2005 – Had an idea in the shower …

RULONA Revised Uniform Law on Notarial Acts

Seven Years in the Making 2005 – Had an idea in the shower … 2006 – Study Committee approved; first conference call 2007-2009 – Drafting Committee meetings/calls 2010 – Final draft approved 2011-2012 – Adopted in North Dakota, Iowa 2012 – Bills in Oklahoma, Pennsylvania and Tennessee

RULONA Revised Uniform Law on Notarial Acts

Retains existing notary practices and procedures Strengthens the law in problem areas Raises the bar on notary education Expands grounds for denying, refusing to renew,

revoking or suspending notary commissions Repeals the Uniform Acknowledgment Act

RULONA Revised Uniform Law on Notarial Acts

What’s in it for recorders of deeds? Notaries who understand duties and

responsibilities Documents that are recordable Secretary who can sanction and/or remove

errant notaries Clearer path to e-Notarization in the future

PRIA White Paper Notary Best Practices for Recordable Documents

Best Practices for Notaries Public

What the notarial form should look like What the notary should do What the notarial seal should look like Making corrections

PRIA White Paper Notary Best Practices for Recordable Documents

Best Practices for Commissioning Authorities

Screening of applicants for commission Need for recordkeeping as evidentiary tool Physical presence and proper identification

of the signer

PRIA White Paper Notary Best Practices for Recordable Documents

Best Practices for Commissioning Authorities

Notary education and testing Bonding Sanctions

PRIA White Paper Notary Best Practices for Recordable Documents

E-Notarization

e-Recording systems are mainstream Most common model is “Model 2” “Wet ink signature” prevents a fully

electronic document RULONA should allow transition to “Model 3”

Long DistanceNotarization A Virginia law passed in the spring of 2011 took

effect on July 1. The law allows individuals to "appear" via video-

conference instead of visiting a notary's office. Online Virginia notaries can provide the service for

individuals in any part of the U.S. There is an audio and video record of the

transaction. The signed, notarized documents, typically PDFs,

are tamper-evident.

Thanks for coming!

Marc L. AronsonPresident and CEO

Pennsylvania Association of Notariesmaronson@notary.org

800-944-8790, Ext. 113