Remote online notarization (RON) may not be feasible for estate documents such as wills and powers of attorney. Writing for his law firm’s website, attorney Justin Brown said, “… practitioners should exercise caution as further clarification may be necessary to avoid the ambiguity created in permitting the RON of estate planning documents.”
Notary Public Law (RULONA)
Notaries in Pennsylvania have the option of recording their notary entries in paper (tangible) or electronic journals.
Prior to adoption of the Revised Uniform Law on Notarial Acts (RULONA) in Pennsylvania, notaries had the power to take a deposition. Under RULONA, a notary may certify or attest a deposition, but the specific wording that notaries have the power to “take depositions” is not in the law.
A deposition is one of the ways in which information is disclosed between plaintiffs and defendants. In a deposition, a deponent swears to or affirms his or her intention to tell the truth and responds to verbal questions from attorneys. Depositions are usually taken by court reporters, who are trained and capable of capturing every word of the deposition.
An ordinary notary must be careful not to attempt to take a deposition unless the notary is thoroughly familiar with the laws, rules, and court procedures that apply to deposition.
The proposed regulations to implement RULONA were published in the Pennsylvania Bulletin on September 1, 2018. These proposed regulations are a result of written comments from 21 individuals on the draft “rulemaking” of December 2014. In essence, these proposed regulations provide extra details and explanations on various sections of the law.
The first disciplinary action has been taken against an Allegheny County notary for a violation of the new notary law – RULONA. [Read more…] about Disciplinary Action Taken for Violating RULONA
This is the last of our series on RULONA questions that PAN has answered during the last six months since the new notary law became effective. [Read more…] about RULONA Questions – Part 5