Notarization and Coronavirus

Businesses using telework (work from home) are encouraged to continue that arrangement. All businesses may be open, some with occupancy limitations, but must follow the COVID-19 Guidance for Businesses.

Businesses, except restaurants and bars, that operated at 50% occupancy in yellow phase may operate at 75% occupancy in green phase.

If your business is in one of these categories, there are separate occupancy limitations:

• Restaurants and bars may open indoor dining, only up to 25% occupancy
• Indoor recreation businesses (including gyms, indoor malls, bowling, arcades, indoor sports, go-kart, pool halls, and similar facilities) may have up to 50% occupancy. Appointments are recommended. Fitness facilities are directed to prioritize outdoor fitness activities
• Health and wellness businesses (including spas, barbershops, hair and nail salons, saunas, tattoo parlors, massage therapists and other personal care service businesses) may have up to 50% occupancy. Customers may enter by appointment only
• Entertainment businesses (including casinos, theaters, zoos, museums, concerts, historical sites, amusement parks, and other group venues) may have up to 50% occupancy

Yes, Governor Wolf released guidance on May 4, 2020 to ensure the health and safety of employees and the community. The COVID-19 Guidance for Businesses is updated, as needed.

The following businesses must close if a county transitions back to yellow phase:

• Indoor recreation, including indoor malls, bowling, arcades, indoor sports, go-kart, pool halls, and similar facilities
• Health and wellness, including gyms, spas, barbershops, hair and nail salons, saunas, tattoo parlors, massage therapy and other personal care service businesses
• Entertainment, including casinos, theaters, zoos, museums, concerts, historical sites, amusement parks, and other group venues

All Pennsylvania counties are in green phase. Remember, even in green phase, businesses are required to follow the COVID-19 Guidance for Businesses.

Green phase counties – All businesses may be open, some with occupancy limitations, but must follow the COVID-19 Guidance for Businesses.

Counties that transition back to yellow phase – All businesses not restricted from being open, may be open if they follow the COVID-19 Guidance for Businesses. 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.

PennDOT is extending the expiration dates of Commercial Pennsylvania Driver’s Licenses (CDL,) that expire from March 16, 2020 through September 30, 2020, to September 30, 2020. The Department of State received a waiver, so notaries may accept expired Commercial Pennsylvania Driver’s Licenses (CDL,) that expire from March 16, 2020 through September 30, 2020, if the notarization is not after September 30, 2020.

In the journal, the notary should record the actual issue and expiration dates of the Commercial Pennsylvania Driver’s License and note, “pursuant to COVID waiver approved 5/26/20.”

Note: If PennDOT approves a future extension, the waiver will allow notaries to accept the extended identification credential through that future date.

PennDOT previously extended the expiration dates of non-commercial Pennsylvania Driver’s Licenses and non-commercial Pennsylvania Photo ID Cards, with expiration dates from March 16, 2020 through August 31, 2020, to August 31, 2020. Those credentials are not being extended beyond August 31, 2020. Expired non-commercial Pennsylvania Driver’s Licenses and expired non-commercial Pennsylvania Photo ID Cards are not acceptable for identification purposes when notarizing.

You may notarize from home in green and yellow phase counties, if you follow the COVID-19 Guidance for Businesses.

Green phase counties – Businesses using telework (work from home) are encouraged to continue that arrangement. All businesses may be open, some with capacity limitations, but must follow the COVID-19 Guidance for Businesses.

Counties that transition back to yellow phase – Telework (work from home) must continue where possible. All businesses not restricted from being open, may be open if they follow the COVID-19 Guidance for Businesses. 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.

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 or will expire between March 1, 2020 and December 30, 2020 will have until December 31, 2020 to take and pass the notary public examination.

Yes, the Department of State began appointing and reappointing notaries again in mid-May.

The Department of State does not have the authority to extend notary commission expiration dates. Notaries should stop notarizing if their commission expires, regardless of where they are in the reappointment process.

Yes, notaries are being given extra time to complete the commissioning process. Before setting out, the notary should contact the Recorder of Deeds and Prothonotary to see if they are open.

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 their bond, oath and commission with the Recorder of Deeds and to register their 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 their bond, oath and commission with the Recorder of Deeds and to register their signature with the Prothonotary. The extension also applies to any subsequent closures of the county offices due to COVID-19. If the county offices are closed on the notary’s 75th day (45 + 30 day extension,) no further extension will be granted. If this happens, the notary has until the next business day after the reopening of the county offices to record their bond, oath and commission with the Recorder of Deeds and to register their signature with the Prothonotary. If the notary doesn’t meet the deadline, they will need to begin the application process from the beginning.

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

Take the oath of office before another official authorized to administer oaths (for example: another notary or a judge.)

Once you are sworn in, you need to sign the bond in two locations: under the oath and on the opposite side where the bond is endorsed. Your second signature should be witnessed.

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 and a signature form for the Prothonotary’s office will be returned in your self-addressed stamped envelope.

Sign your original commission and the signature form for the Prothonotary’s office and return them in one of two ways (There is not an additional fee to process the signature form for the Prothonotary’s office):

Option 1

Scan and email a copy of your signed commission and signature form for the Prothonotary’s office (keep the originals):

[email protected]

Make sure your scanned images are readable. The County will record your bond, oath of office and commission and deliver your signature form to the Prothonotary’s office.

You will receive a time-stamped copy of your signature form by email. This option is recommended, because it allows Philadelphia to process your commission more quickly.

Option 2

Mail your original signed commission, signature form for the Prothonotary’s office and a self-addressed stamped envelope:

City of Philadelphia Records Department
City Hall Room 111
Philadelphia, PA 19107

The County will record your bond, oath of office and commission and deliver your signature form to the Prothonotary’s office.

Your original signed commission and a time-stamped copy of your signature form will be returned to you in your self-addressed stamped envelope.

Visit PAN’s YouTube channel to enjoy a video on this topic.

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

Green phase counties – All businesses may be open, some with occupancy limitations, but must follow the COVID-19 Guidance for Businesses.

Counties that transition back to yellow phase – All businesses not restricted from being open, may be open if they follow the COVID-19 Guidance for Businesses. 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 occupancy limitations, but must follow the COVID-19 Guidance for Businesses.

Counties that transition back to yellow phase – All businesses not restricted from being open, may be open if they follow the COVID-19 Guidance for Businesses. 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.

PennDOT is extending expiration dates for Commercial Pennsylvania Driver’s Licenses and Commercial Pennsylvania Learner’s Permits that expire from March 16, 2020 through September 30, 2020 to September 30, 2020.

Due to a waiver received by the Department of State, a notary may accept an expired Commercial Pennsylvania Driver’s License, with an expiration date from March 16, 2020 through September 30, 2020, if the date of the notarization is not after September 30, 2020.

In the journal, the notary should record the actual issue and expiration dates of the Commercial Pennsylvania Driver’s License and note, “pursuant to COVID waiver approved 5/26/20.”

Note: If PennDOT approves a future extension, the waiver will allow notaries to accept the expired ID credential through that future date. The waiver does not apply to Learner’s Permits.

PennDOT previously extended the expiration dates of non-commercial Pennsylvania Driver’s Licenses and non-commercial Pennsylvania Photo ID Cards with expiration dates from March 16, 2020 through August 31, 2020 to August 31, 2020. Those credentials are not being extended beyond August 31, 2020. Expired non-commercial Pennsylvania Driver’s Licenses and expired non-commercial Pennsylvania Photo ID Cards are not acceptable for identification purposes when notarizing.

As of May 29, 2020, the Riverfront Office Center is open for motor vehicle services only. Paperwork will be processed and mailed. The Driver’s License and Photo License Center located at the Riverfront Office Center remains closed.

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 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 entrance, should call the 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 potential symptoms of COVID-19
• Messengers will be required to wear masks
• Messengers will need to sort their 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

Limited messenger counter services are available at the Riverfront Office Center:

• Messengers should enter through the employee entrance
• Messengers are limited to 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 entrance, should call the 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 potential symptoms of COVID-19
• Messengers will be required to wear masks
• Messengers will need to sort their 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

Authorized agents, including dealers, should continue to mail motor vehicle applications to the Department 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.

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

Form MV-351, “Application for Temporary Registration Plates by Motor Vehicle Dealers and Full Agents”, was 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.

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 are performing 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.

Governor Wolf renewed the emergency declaration on September 1, 2020.

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.

Visit the Department of State’s website for a list of vendors.