General

During this period of uncertainty due to the Coronavirus pandemic, the Pennsylvania Association of Notaries has worked hard to maintain the level of customer service our members expect.

Despite our best efforts, there are going to be delays in our ability to respond to every question.

We’ve compiled a few of the most frequently asked questions that we’ve received. We’ll be posting answers via this blog and through our social media sites.

Q: I purchased Errors and Omissions Insurance but I haven’t received my certificate.

A. If you paid for Errors and Omissions Insurance, you are covered for the term of your notary commission, whether you have the certificate or not. You will receive your certificate as soon as possible.

Q: I cannot get my new official notary stamp. Can I use my old stamp?

A: No. Every notarial act must be executed according to the law, including the placement of your official stamp. You may not use an expired stamp.

Q: What if my commission expires during the pandemic?

A: If you do not have an active commission from the Department of State, you cannot act as a notary. Do not perform any notarial acts after your commission expiration date.

Q: The Recorder of Deeds office is closed and I need to be sworn in. What should I do?

A:. Appointed notaries are required by law to take the oath of office and record their oath, completed bond and commission and register their signature in the county where the notary’s business office is located. Both of these steps must be completed within 45 calendar days after the date of appointment, or the notary’s commission becomes null and void.

If the Recorder’s office is closed as ordered by Governor Tom Wolf, Secretary of Health, and/or county officials, then all notary deadlines will be extended by operation of law to the next business day, which would be the next day the recorder’s office is open for business. Long-term closures will mean long-term extensions of time.

If the Recorder’s office is still open but trying to limit public foot traffic, a potential work around could be for the notary to take the oath of office before another official authorized to take oaths (any fellow notary, judge, etc.). Once the notary has taken the oath and it is indicated on the bond form, the Recorder may follow through with the recording process. If there is a long-term closure of a Recorder’s office to the public, notaries could mail their original executed documents to the Recorder’s and a copy of their signature card to the Prothonotary. Watch for details from your Recorder on the procedure to follow during a long-term closure.

Q: Can I notarize for a customer over Skype or video conferencing software?

A: Remote electronic notarization (RON) or notarial acts in which the notary and signer are not physically in the same location, is not legal in Pennsylvania at this time. You must follow the notary law (RULONA) and require personal appearance, properly identify your customer and witness your customer signing or acknowledging their signature on the document. None of this can be done over the Internet or other software.

Remote Online notarization, where personal appearance is made via audio-visual communication or technology, is not proved for under existing Pennsylvania notary law.

Under an emergency order of the governor, for the next three to six months, court reporters/stenographers participating in criminal, civil and administrative proceedings may swear in witnesses remotely, in order to allow depositions, arbitrations, hearings and other proceedings to move forward. This applies only to court reporters and stenographers participating in criminal, civil and administrative proceedings in this Commonwealth. It does NOT apply to all Pennsylvania notaries.

In addition to court reporters, there is a personal appearance waiver for notaries involved in real estate transactions (notary signing agents). However, at this time, PAN does not have any updated information for real estate transactions.

If you wish to become an electronic notary (E-notary) in Pennsylvania, visit the Department of State’s website at: https://dos.pa.gov/OtherServices/Notaries/E-Notary/Pages/Electronic%20Notarization.aspx.

If you have been approved as an eNotary for Pennsylvania and have not heard back from or received your electronic notarization equipment, you CANNOT perform electronic notarizations by using Skype, Zoom or and video cam device. You MUST only use the platform, i.e., the software, of the approved RON vendor.