Notarization and Coronavirus

• Businesses using telework (work from home) are strongly encouraged to continue that arrangement
• All businesses must follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning
• Businesses permitted to operate at 50% percent occupancy in yellow phase, may operate at 75% occupancy in green phase
• Schools are subject to CDC and Pennsylvania Department of Health guidance for social distancing and cleaning
• The following may operate at 50% occupancy:
  • Restaurants and bars
  • Personal care services (including hair salons and barbershops), by appointment only
  • Indoor recreation and health and wellness facilities (such as gyms and spas), appointments strongly encouraged
  • All entertainment businesses (such as casinos, theaters, and shopping malls)

Read more about the Process to Reopen Pennsylvania.

Yes, Governor Wolf released guidance on May 4, 2020 to ensure the health and safety of employees and the community. The guidance is updated, as needed.

Guidance for Businesses Permitted to Operate During the COVID-19 Disaster Emergency to Ensure the Safety and Health of Employees and the Public

Indoor recreation, health and wellness facilities and personal care services (such as gyms, spas, hair salons, nail salons and other entities that provide massage therapy) and all entertainment businesses (such as casinos and theaters) must close if a county transitions back to yellow phase.

All businesses not specifically restricted from being open, may be open if they follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

Guidance for Businesses Permitted to Operate During the COVID-19 Disaster Emergency to Ensure the Safety and Health of Employees and the Public

When Lebanon County moves from yellow phase to green phase on Friday, July 3, 2020, all 67 Pennsylvania counties will be in green phase. Remember, even in green phase, businesses are required to follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

Guidance for Businesses Permitted to Operate During the COVID-19 Disaster Emergency to Ensure the Safety and Health of Employees and the Public

Green phase counties – All businesses may be open, some with capacity limitations, but must follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

Counties that transition back to yellow phase – All businesses not mentioned as restricted from being open, may be open if they follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

For a list of businesses that must close in yellow phase see, “What businesses must close if a county transitions back to yellow phase?” in the Process to Reopen Pennsylvania category of this blog.

Green phase counties – All businesses may be open, some with capacity limitations, but must follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

Counties that transition back to yellow phase – All businesses not mentioned as restricted from being open, may be open if they follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

For a list of businesses that must close in yellow phase see, “What businesses must close if a county transitions back to yellow phase?” in the Process to Reopen Pennsylvania category of this blog.

Green phase counties – Businesses using telework (work from home) are strongly encouraged to continue that arrangement. All businesses may be open, some with capacity limitations, but must follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

Counties that transition back to yellow phase – Telework (work from home) must be used when feasible. All businesses not mentioned as restricted from being open, may be open if they follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

For a list of businesses that must close in yellow phase see, “What businesses must close if a county transitions back to yellow phase?” in the Process to Reopen Pennsylvania category of this blog.

The Department of State has been appointing and reappointing notaries since mid-May.

Notaries are being given extra time to complete the commissioning process. If the county offices are open on the notary’s 45th day, the notary will have an additional 30 days from the 45th day to record his or her bond, oath and commission with the Recorder of Deeds and to register his or her signature with the Prothonotary. If the county offices are closed on the notary’s 45th day, the notary will have an additional 30 days from when the county offices reopen to record his or her bond, oath and commission with the Recorder of Deeds and to register his or her signature with the Prothonotary.

Before you go, you should contact the Recorder and Prothonotary to see if they are open. If the Recorder has returned your commission to the State, they will need to contact the Department of State to get your commission before you arrive.

Note: The extension applies to all notaries whose 45 days expired from March 1, 2020 until the expiration of this waiver.

Take the oath of office before another official authorized to take oaths (for example: another notary or a judge). Once you are sworn in mail your original executed bond and oath of office, a copy of a valid photo ID, a self-addressed stamped envelope and a business check or money order for $103.50 made payable to the “City of Philadelphia” to: City of Philadelphia Records Department, City Hall Room 111, Philadelphia, PA 19107. The county is aware of the 30-day extension of the 45-day period and will process your commission in accordance with the extended deadline. Your original unsigned commission will be returned in your self-addressed stamped envelope. Sign your original commission and return it in one of two ways:

Option 1 – Scan and email a copy of your signed commission (keep the original): [email protected]

Option 2 – Mail your original signed commission: City of Philadelphia Records Department, City Hall Room 111, Philadelphia, PA 19107. Include a self- addressed stamped envelope, so the original can be returned.

Pearson Vue has opened certain centers for testing. To find out which centers are open, use the Pearson Vue website to schedule your exam. The testing centers are following health protocols including requiring testing candidates to wear masks. Notary applicants whose exam authorization expired between March 1, 2020 and June 30, 2020 will have until December 31, 2020 to take and pass the notary public examination.

Yes, dealers in green phase and yellow phase counties may sell vehicles.

Green phase counties – All businesses may be open, some with capacity limitations, but must follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

Counties that transition back to yellow phase – All businesses not mentioned as restricted from being open, may be open if they follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

For a list of businesses that must close in yellow phase see, “What businesses must close if a county transitions back to yellow phase?” in the Process to Reopen Pennsylvania category of this blog.

Yes, full agents and messengers may be open in green phase and yellow phase counties.

Green phase counties – All businesses may be open, some with capacity limitations, but must follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

Counties that transition back to yellow phase – All businesses not mentioned as restricted from being open, may be open if they follow CDC and Pennsylvania Department of Health guidance for social distancing and cleaning.

For a list of businesses that must close in yellow phase see, “What businesses must close if a county transitions back to yellow phase?” in the Process to Reopen Pennsylvania category of this blog.

As of May 29, 2020, the Riverfront Office Center is open for motor vehicle services only. Paperwork will be processed and mailed.

The dealer counter remains temporarily closed.

• There is a drop off at the Riverfront Office Center counter entrance for dealer paperwork
• The dealer counter is being used to serve the public

Limited messenger counter services are available:

• Messengers should enter through the employee entrance
• Messengers are limited to accessing the 4th floor messenger room only
• There is a limit of 6 messengers in the messenger room at one time
• Messengers arriving at the Riverfront Office Center employee lobby will call a number, posted in the lobby
• Messengers will be placed “in line” based on the order of their phone call
• Messengers will be prescreened and asked brief questions regarding any potential symptoms of COVID-19
• Messengers will be required to wear masks
• Messengers will need to sort work before coming to the Riverfront Office Center
• Cubicles are not available for use
• Messengers are limited to dropping off and picking up work promptly
• Work for other motor vehicle areas may be dropped off in the messenger room

The Driver’s License and Photo License Center, located at the Riverfront Office Center remains closed.

According to PennDOT Bulletin 20-13:

Limited messenger counter services are available:

• Messengers should enter through the employee entrance
  Messengers are limited to accessing the 4th floor messenger room only
• There is a limit of 6 messengers in the messenger room at one time
• Messengers arriving at the Riverfront Office Center employee lobby will call a number, posted in the lobby
  Messengers will be placed “in line” based on the order of their phone call
• Messengers will be prescreened and asked brief questions regarding any potential symptoms of COVID-19
• Messengers will be required to wear masks
• Messengers will need to sort work before coming to the Riverfront Office Center
• Cubicles are not available for use
• Messengers are limited to dropping off and picking up work promptly
• Work for other motor vehicle areas may be dropped off in the messenger room

According to PennDOT Bulletin 20-11:

Authorized agents, including dealers, should continue to mail motor vehicle applications to the department as normal using the address located at the top of the application. Applications are to be mailed to the department within 20 days of the completion date. Currently, there is no counter service for dealers. There is a drop off at the Riverfront Office Center counter entrance for dealer paperwork (Bulletin 20-13).

Dealers applying for a dealer title, should mail their applications to the Department using the following address:

Bureau of Motor Vehicles
PO BOX 67470
Harrisburg, PA 17106-7470

Read the PennDOT Bulletins:

• PennDOT Bulletin 20-13
• PennDOT Bulletin 20-11

Form MV-351, “Application for Temporary Registration Plates by Motor Vehicle Dealers and Full Agents”, has been revised (revision 6-20) to allow agents to choose to pick up a temporary plate order or have PennDOT mail a plate order. When an agent chooses to pick up an order, a PennDOT employee will contact the agent, after the order has been processed, to arrange a date, time and place the agent may pick up the temporary plate order at the Riverfront Office Center. Health concerns will be discussed during the call. Plate orders placed before June 9, 2020 have already been processed and may not be picked up. Please allow up to two weeks for shipping. Effective June 11, 2020, PennDOT will contact agents about their order as soon as it is processed and provide the agent the option to pick up the order at the Riverfront Office Center. Orders that are not picked up will be mailed Priority through the United States Postal Service.

To check the status of a plate order email:
[email protected]

No, but Act 15 allows recorders to accept a paper copy of the remotely notarized document, if the notary certifies that the paper copy is a true and accurate copy of the electronic record.

Yes, there are fees for the vendors. Contact the vendors for their fee schedules.

No, your $10,000 notary bond meets the requirement of the notary law for standard face to face notarizations, electronic notarizations and remote online notarizations.

It is PAN’s and the Department of State’s understanding that all approved vendors use or include digital certificates in their products. However, we’ve had members tell us that they’ve needed to buy one separately. That will be a between you and your vendor.

Visit the link below to learn more.

https://www.dos.pa.gov/OtherServices/Notaries/E-Notary/Pages/Electronic%20Notarization.aspx

If you proceed with a remote online notarization and the witnesses are in the room with the signer, they should practice social distancing and other health precautions. If you want to know more about how other states handle remote online notarization with witnesses, contact your remote online notary solution provider. Ultimately, for advice about the use of witnesses in person or remotely, a licensed attorney at law should be consulted.

Remote online notarization is temporarily authorized for all PA notaries. The authorization will expire 60 days after the termination of the COVID-19 emergency declaration issued by Governor Wolf.

E&O policies that cover notarizations are “silent” on how the notarization is performed. The E&O policies sold by PAN cover notarial acts if they are performed according to current notary law, rules and regulations.

No, you may only use technology that has been approved. Skype and Zoom are not approved technology.

Personal appearance is still required.

If you are a notary that offers services at a business location that is authorized to maintain in-person operations, the customer must be in your physical presence.

If you are an approved remote online notary, personal appearance is accomplished when you meet with the customer remotely using approved audio-visual technology.

If you want to do remote notarizations, you need to:

• Become an eNotary
• Use State-approved remote online notarization (RON) technology for transactions
• Indicate that the notarial act was performed by means of communication technology

With eNotarization, the notary and the customer are in the same room, within arm’s reach. They use the same computer to sign an electronic document. Remote online notarization also involves an electronic document, but takes place over the internet, using approved audio-visual technology. The notary is in one location, the customer is in another location.

Vendors Approved by the Pennsylvania Department of State for Remote Online Notarization*

For miscellaneous remote online notarizations:

• DocVerify
• Safedocs
• Simply Secure Sign
• Notarize
• NotaryCam
• SIGNiX

For remote online real estate eClosings:

• Pavaso
  • Pavaso does not offer its platform directly to independent mobile notaries for use in remote online notarization transactions
  • You must be referred to Pavaso directly by a title company or signing agency you are working with
  • Pavaso does not onboard notaries who are not associated with a title company or signing agency already working with Pavaso
• Nexsys Clear Sign
• Simply Secure Sign
• Notarize
• NotaryCam

*The Pennsylvania Association of Notaries does not recommend, support or have a relationship with any of these vendors