Pennsylvania Abbr: PA 2nd State Statehood December 12, 1787 Eligibility: All applicants must meet all of the requirements listed below: Be 18 years of age or older Be a resident of the Commonwealth of Pennsylvania Be of good character, integrity, and ability Not have been convicted of or pled guilty or nolo contendere to a felony or a lesser offense incompatible with the duties of a notary public during the five year period preceding the date of the application Not have had a notary public commission revoked by the Commonwealth or any other state during the five year period preceding the date of the application Qualifications: In order to receive a notary public commission, a person must: Meet the eligibility requirements Properly complete and submit notary application to the Secretary of the Commonwealth with a $40 filing fee. Click here to download the application form-- Each application must bear the endorsement of the Senator of the district in which the applicant resides or, if the applicant does not reside in this Commonwealth, the endorsement of the Senator of the district in which the applicant is employed. (In the case of a vacancy in that senatorial district, the application shall be endorsed by the Senator of an adjacent district.) Complete a preapproved, three-hour notary public course within six-months preceding the application Once approved, the notary will receive a notice from the Secretary of the Commonwealth to execute the oath of office and provide a $10,000 bond within 45 days Non-Resident: Non-resident applicants must be employed within the Commonwealth. 1
Bond: A $10,000 notary bond is required for new and renewing notaries. Errors & Omissions Insurance: Optional. The American Association of Notaries recommends that Pennsylvania notaries insure themselves against claims of negligence through Errors and Omission insurance. Filing Fee: A $40 filing fee is required for new and renewal notary applications. Term: 4 years Jurisdiction: Statewide Appointment: Secretary of the Commonwealth Department of State Bureau of Commissions, Elections and Legislation Division of Commissions, Legislation and Notaries 210 North Office Building Harrisburg, PA 17120 (717) 787-5280 http://www.dos.state.pa.us/notaries/site/default.asp?dosnav= Renewal: A notary may apply for renewal three months prior to the expiration date of current commission. Persons seeking reappointment must continue to meet the requirements that initial applicants must meet, including the completion of the approved three-hour course. Education/Training: Required. As a condition for initial appointment and reappointment, notaries public are required to complete a three-hour, preapproved notary public education course within the six months immediately preceding the application for appointment or reappointment. However, notaries who held active commissions on July 1, 2003 are not required to complete the three-hour education course. Excluded from the grandfather clause ruling are those notaries who failed to meet the requirements for a valid commission as of July 1, 2003 or who had lapses in their commissions prior to July 1, 2003. Courses approved for 2
reappointment are more advanced in content and are designed to be relevant for the notary who has already completed the basic education course. Notary Seal: Type rubber stamp seal Dimensions a maximum height of one inch and a width of three and one-half inches with a plain border Required elements--the seal must show clearly, in the following order, the words Notarial Seal, the name and surname of the notary public, the name of the municipality and the county in which the notary maintains an office, and the date the notary s commission expires. Notaries may use an embosser in addition to the rubber stamp seal. The notary law does not require the rubber stamp seal to contain a reference to the Commonwealth of Pennsylvania; however, the notary may wish to exercise the option of using an embosser in conjunction with the rubber seal and add the preprinted words Commonwealth of Pennsylvania outside the top of the plain border of the seal. The seal is the exclusive property of the notary and must be kept under lock and key to prevent the misuse of it by another individual. Record Book: Required. Every notary public must keep and maintain custody and control of an accurate chronological register of all official acts. A notary register is the exclusive property of the notary and may not be used by any other person and may not be surrendered to any employer upon the notary s termination of employment. For notary supplies, contact the American Association of Notaries by calling (800) 721-2663 or visiting our website at www.usnotaries.com. Notary Fees: Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than: Acknowledgments $5.00 Acknowledgments, each additional name $2.00 Oaths or affirmations $5.00 Depositions (per page) $3.00 Protests (per page) $3.00 3
Affidavits (no matter how many signatures) $5.00 Verifications $5.00 Copy Certification $5.00 Note--A notary must display his fees in a conspicuous place in his place of business. Notaries may charge a clerical or administrative fee for services they provided in addition to the notarization of a document; however, the customer must be informed prior to the notarization of a document. A notary must separate and itemize clerical fees from notary fees. Authority: A Pennsylvania notary public has the authority to: Take acknowledgments Administer oaths and affirmations Perform verifications Take depositions Take affidavits Protest instruments Certify copies of non-recordable documents Address Change: A notary who changes his office address is required to notify the Secretary of the Commonwealth and the Recorder of Deeds of the county of appointment within five days of the address change. If the new office is in a different county, the notary s signature must be registered with the prothonotary of the new county within 30 days. In counties of the second class, the signature shall also be registered in the proper office of the clerk of court. Click here to download the change of address form-- http://www.dos.state.pa.us/notaries/cwp/view.asp?a=1243&q=444930¬ariesnav= Name Change: A notary must notify the Secretary of the Commonwealth and the Recorder of Deeds of the county where notary s business address is located within 30 days of a change of name. The notary can continue using his commissioned name; however, if the notary wishes to use the new name, the notary must: 1) notify the recorder of deeds of the new name; 2) register the new signature with the prothonotary; 3) purchase a new seal; and 4) notify the Department of State by letter detailing the name change accompanied by a court order. The application for reappointment must be 4
made under the new name. Click here to download the name change form-- http://www.dos.state.pa.us/notaries/cwp/view.asp?a=1243&q=444930¬ariesnav= Death/Resignation/Removal: A notary may resign a current commission by notifying the Department of State and recorder of deeds in writing within 30 days. A notary who neither resides nor works in the Commonwealth shall be deemed to have resigned from the office of notary public on the date the residency ceases or the employment within the Commonwealth terminates. In the case of the death, resignation, or disqualification, the notary (or his representative) must, within 30 days, deliver his or her register and all public papers to the office of the recorder of deeds of the county in which the notary maintained a business address. After a resignation, revocation, or disqualification, the rubber stamp seal must be delivered to the Department of State with in 10 days. Upon the death of a notary, the representative must deliver the notary s rubber stamp seal to the Department of State within 90 days after the date of the notary s death. Prohibited Acts: A notary public may not: Prepare, draft, select, or give advice concerning legal documents Perform acts that constitute the practice of law Charge a fee that is in excess of the fees fixed by the Secretary of the Commonwealth Notarize a document without the signer being present at the time of the notarization Permit another person to use his notary commission and seal to notarize on his behalf Take an application for a marriage license, issue a marriage license, or perform a civil marriage ceremony Notarize documents that contain blanks Notarize a signature on a document unless the notary personally knows the signer or has satisfactory evidence of identification Sign under any other name than his commissioned name Notarize a document that is incomplete 5
Notarize his or her own signature Notarize any document wherein the notary is a party to or directly and pecuniarily interested in the transaction Notarize a document if he or she will receive directly from a transaction connected with the notarial act a commission, fee, advantage, right, title, interest, cash, property, or other consideration that exceeds the normal notarial fee charged for notary services Criminal Violation: Notaries public who commit official misconduct may be subject to criminal liability, which may include the revocation of their notary public commissions. Revised: October 2009 6