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Minimum Age for becoming a Notary in PA
18 years of age ( Sec 321 a 1)
Maximum time requirement for the bond, oath of office and commission to be recorded in the office of recorder of deeds of the county in which the Notary maintains an office
45 Days
Under RULONA and applicant for a commission to obtain a surety bond from an insurance company licensed in PA in the order of the amount
$10,000
RULONDA requires a surety company or issuing entity of the bond to give notice to the Department of State before cancelling he bond withing
30 Days
The Notary Public's official stamp must contain all of the following (within the border) except
the notary's physical address
The department of state may impose an administrative penalty on a Notary for each act or omission which constitutes a violation of Chapter 3 or on any person who performs a notarial act without being properly appointed and commissioned as a Notary up to
$1000
A Notary's personal representative or guardian or any other person knowingly in possession of the journal upon the death of or the adjudication of incompetency of the Notary to delivery the journal tot he recorder of deeds in the county in which the Notary has maintained an office withing
30 Days
Upon expiration of commission, or resignation of commission, or revocation of commission, the notary must deliver the journal to the recorder of Deeds in the county in which they work within
30 Days
The Notary commission application fee for the state of PA
$42
Upon resignation or expiration, the stamping device should do all of the following EXCEPT:
- Destroying
- Defacing
- Damaging
- Surrender possession
Surrender possession
Surrendering possession of the stamping device only used at times of
suspension or revocation
who promulgate the rules and regulations under the Notary Act under chapter 3 Sec 327 a
PA Dept of State
All of the following are permitted EXCEPT
acknowledgements
oaths and affirmations
stamped signatures
verifications
stamped signatures
In the venue of the document it must contain the State of Pennsylvania or the Commonwealth of Pennsylvania and (the county)
The county in which the act/signing occurs
The notary Journal must contain all of the following:
the date and time of act
type of act
identification of the individual
notary fee (n/a)
clerical or administrative fees (n/a)
customer name & cit and state
Refusal to perform a notarial act includes
compentcy of the party
non-voluntary signature
Physical appearance does not resemble the identification provided well enough
The Notary Act requires a Notary to notify the Department of State if the notary's journal is lost or stolen within:
promptly.
e-notary requires all except:
Tamper-evidence
Notary accepted technology
Secretary of State needs to be notified of the electronic records being used by a specific not
Documents use to identify an individual must contain all of the following except:
Government issued Identification
current and unexpired
contains signature, picture or physical description
must be a US identification
Must be us identification
Prohibited notary acts
Drafting legal records, giving legal advice or otherwise practice law without a license to practice law.
Notary commission is effective for
4 years
the 6 Notary Acts are:
acknowledgement
verification on Oath or Affirmation
signature witnessing
copy of deposition certification
Oath or affirmation
Protest
New Pennsylvania Notary Public Law house Bill 25 became
RULONA Act 73
RULONA became effective
October 9, 2013
Qualifications for becoming a notary:
18 or older.
residency or work /practice in PA
US citizen or permanent resident
read and write english
pass exam 322(a)
not be disqualified (legally guilty of fraud, dishonesty or deceit)
Comply with other requirements established by the Department of State
Application and $42 fee
obtain and secure a bond $10,000
records recorded in the county in which the acts
Bond cancellation
30 days notice
recording and filing time frame
45 days - record in office at county
90 days for reappointment
Continuing ed course must exceed 3 hours 6 month prior to
application of renewal
Exemptions for Notary
Judaical office
Federal employee or appointed person who recv's a salary
any member of General assembly
Name change charge
Free - 30 days
letters of resignation are to be sent to
Dept of state
Bureau of Commissions, Elections, and Legislation
Harrisburg, PA
when resigning: papers and stamp must be released:
Papers to the county office recorder or deeds within 30 days
rubber stamp delivered to Dept of State Bureau of commissions,... in 10 days
Cancelling the bond
30 days notice to the department
Official Signature registered in the county prothonotary office (50 cents fee)
45 days after appointment/ reappointment
30 days after move to different county
official stamp wording requirements
"Commonwealth of Pennsylvania - Notary Seal"
Name, "Notary Public"
county
Expiration Date:
Commission number
Official stamp border size:
Max ht: 1 inch Max width: 3.5 inches
plain border
stamping device security is responsibility of
notary
upon resignation or death the stamp should be:
disabled by destroying, defacing, damaging, erasing, or securing against use in which is it rendered unusable
upon suspension or revoking the stamp should be
surrendered to the commission department
loss or theft of the stamping device should be:
promptly notified the department upon discovery
embossing seal is
not required
Journal should be in _____________ order
chronological
seperate journals can be held for
tangible and electronic records
tangible journals should be
bound with numbered pages
electronic journals should be
tamper - evident format the complies with the regulations of the department
journal entries should be made
contemporaneously with the act
Certified journal entry copies are permissible when
is properly applied for
electronic records requires the notary be registered with the department (when)
prior to use
Electronic records statute permits, but doesn't not require, the notary official stamp that contains
official signature
date of notarization
county and state of act
title of notarial officer
notary's expiration date.
electronic records requires that
notarial certificate be attached affixed or associated with the electronic record.
notary fees should be fixed (set) by
state department
All notary fees are $ except
Taking acknowledgements (additional names) $2.
Noting a protest of a negotiable instrument per page $3
Notary fees need to be displayed in the
place of the notary act.
No fee charged for
affidavit for absentee ballot.
Complaints may be filed by anyone for any reason, written response must be made ____________ after notification
30 days
Fines from a complaint for each violation can be up to
500.0
all hearings for complaints are held
in Harrisburg
Administrative penalty can be imposed up to _________ for each act
1000.
Prohibited acts are
No authority - ie giving legal advice
False advertising - of any kind
designation - not able to use the term Notario or "notario publico"
representations- - (act in any legal advisor role)
Original records - withholding access or possession of original records.
crime codes
Identifying your customer: 3 ways to ID your customer
Personal Knowledge
Satisfactory evidence
Second party knowledge
Personal Knowledge identification occurs with
Personally know them 1-1 relationship
variety of situations
over a long period of time
Satisfactory evidence of Identification
Current government issues ID with ID number
and at least one:
- Signature
- Photograph