Notary Notes Blog

The latest notary news for Pennsylvania notaries

Notary Public Law (RULONA)

What Happened to Depositions?

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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.

Highlights of the Proposed Regulations on RULONA

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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.

[Read more…] about Highlights of the Proposed Regulations on RULONA

RULONA Questions – Part 3

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Q:  When a customer is using a power of attorney to sign a document for someone else, which name and address do I enter in the notary journal?

A:  RULONA Section 319 (c) (3) requires the notary to record “The full name and address of each individual for whom the notarial act is performed.” In this example, the notarial act is being performed for the agent, who is the person appearing before the notary to be identified. The agent’s name and address (city and state only, per Department of State proposed regulations) goes into the column for that information. A notation such as, “Agent for Mr. John Doe POA,” can be made in the Remarks column.

Q:  If I am asked to notarize an acknowledgment by attorney-at-law, does the attorney need to provide satisfactory evidence of the signer’s identity?

A:  The notarial certificate (or notary wording) for an acknowledgment by attorney-at-law requires the attorney to state that he/she was personally present when the signer(s) signed the record and that the signer(s) signed the record for the purposes contained in the record. There is no requirement for the attorney to provide satisfactory evidence of the identity of the signer(s).

 

The Notary Exam Fee Not Part of PAN Membership

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The notary exam is required for all first time notaries and notaries who had a lapse in their commissions. The exam is created and given by Pearson VUE at a Pearson VUE computer-based testing facility with locations throughout Pennsylvania. The exam fee is $65 and is payable online at the end of the exam scheduling process.

PLEASE NOTE:  The notary exam fee is not part of PAN’s membership fee. This fee is paid directly to Pearson VUE.