Notary Notes Blog

The latest notary news for Pennsylvania notaries

RULONA

The First Line of Defense Against Fraud

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Why are documents notarized?

A notarization indicates to the receiver of the document that the signer appeared before a notary public, was identified, and signed the document. The notary’s official stamp and signature indicate that the notarization was performed according to the law.

The foundation of all notarial work is to demand personal appearance and to identify the signer as the individual he or she claims to be. The most important step you can take to deter fraud—and protect your notary commission—is to commit yourself to following these requirements for every notarial act you perform.

Requiring a signer to appear before you gives you the opportunity to assess the signer’s willingness and competence. Does the signer know what he or she is doing? Are there others influencing or directing the signer to act in a certain way? Does the signer appear to be confused or unsure about their actions? Is someone other than the signer attempting to act in his or her place?

Personal appearance also gives you the opportunity to compare the signer’s physical appearance and signature to the identification the signer presents to you. Does the signer look like the individual in the picture on the driver’s license? Does the signature on the identification card look like the signature on the document? You are not expected to be a handwriting expert but you are required to observe the signer and examine the identification he or she presents to you.

The Revised Uniform Law on Notarial Acts (RULONA) gives you the authority to refuse to notarize a document for an individual, as long as your refusal is not prohibited by other laws. For example, you may not base your refusal on factors such as race, gender, ethnicity, national origin, or religion. Don’t allow yourself to be coerced into performing a notarization that you suspect may be fraudulent.

Why are notaries still important?

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Notaries have been an integral part of our society for decades. The first notaries can be traced back to ancient Egypt when scribes were established. Scribes would keep records of public proceedings and transcribe important documents. Performing such acts at that time increased the authority of the notary public, resulting in the responsibilities that notaries hold today.

Notaries are public officials appointed by the state to serve as impartial witnesses to transactions, thereby helping to deter fraud. Having a document notarized means the signer must appear before the notary and be identified. The notary observes the signer’s willingness and ability to understand the document and watches the signer place or acknowledge their signature on the document. Finally, the notary makes a complete, chronological entry for the notarization in the notary journal.

You may still find yourself asking: why are notaries necessary? It seems everything can be done on the internet, from signing a mortgage to giving testimony in court. During the pandemic, government and industry increasingly used online alternatives to serve the public while maintaining quarantine and social distancing requirements.

But technology, such as remote online notarization (RON), hasn’t replaced the need for notaries public. In fact, RON has become another option for providing notarial services.

All the steps a notary must take are intended to prevent fraud and assure the receiver of the document that the notary performed his or her duties according to the law. All of these steps are also incorporated into RON transactions, with the additional safeguard of having an audio video recording of the notarial act.

Even in the electronic age, the office of notary public is still an important function.

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).

 

Secretary of State Announces Significant Changes Ahead for PA Notaries

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FOR IMMEDIATE RELEASE – June 5, 2017

Harrisburg, PA – Secretary of State Pedro A. Cortés today reminded Pennsylvania notaries public that significant changes to the notary law will go into effect in October 2017, including an education requirement for all notaries and updated guidelines for the notary stamp.

“The changes will affect not only individuals seeking a new commission as a notary public, but also notaries who are currently commissioned,” Secretary Cortés said. “I encourage all notaries to familiarize themselves with the changes, particularly the education and examination requirements.”

The Revised Uniform Law on Notarial Acts (RULONA), enacted in 2013, requires that all notaries complete a 3-hour notary education course (PDF) in order to be appointed or reappointed. The course must be completed in the six months immediately preceding the application for appointment or reappointment. The education requirement affects all notaries, including those previously “grandfathered” by court ruling.

Because RULONA changes take effect October 26, 2017, the six-month window is now in effect for anyone who will be applying or reapplying on or after that date. A certificate of course completion must be included with all applications for appointment or reappointment submitted on or after October 26.

In addition, new notaries will be required to take and pass an examination before receiving their commission. Current notaries will not be subject to the examination requirement as long as their commission has not expired or lapsed. If a current notary’s commission expires for even one day, that notary will be required to take and pass the examination.

The examination will be a computer-based test offered at Pearson VUE test centers in nearly all Pennsylvania counties. The cost is $65 per test. Notary applicants will have six months from the time they are authorized to sit for the exam to successfully pass the test. They may take the test as many times as needed.

RULONA changes also include revisions to the list of authorized notarial powers, a redesigned notary stamp, updated requirements for the notary journal or register, and the option to keep the journal in an electronic format. Currently commissioned notaries may continue to use their current notary stamps and registers until their existing commission expires.

A comprehensive list of changes (PDF) that will go into effect October 26 has been posted on the Department of State website. Or call 717-787-5280, option 2, for more information. The website also has a list of RULONA-compliant education providers (PDF).

The notary division of the department’s Bureau of Commissions, Elections, and Legislation commissions more than 80,000 notaries in Pennsylvania.

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PAN Members: To learn more about the Revised Uniform Law on Notarial Acts (RULONA), check out our RULONA Overview Course listed under the Member Portal. It is free.

To access the Member Portal:

  1. Go to PAN’s Web site, www.notary.org
  2. Click on the Member Portal tab and “Sign In”
  3. Enter your Customer Number
  4. Enter your Password (case sensitive)
  5. Click the “Sign In” button