PA Notary Acts & Wording 1 — Questions and Answers
Question 1: A principal appears before a Pennsylvania Notary Public and states that the signature on a document is theirs and that they signed it voluntarily for the purposes stated in the document. What type of notarial act has occurred?
- Verification on oath or affirmation
- Acknowledgment (Correct answer)
- Witnessing or attesting a signature
- Certifying a copy
Correct answer: Acknowledgment
This scenario describes an acknowledgment. In an acknowledgment, the principal appears before the notary, is identified, and declares that they signed the document voluntarily for its stated purpose. A verification on oath or affirmation involves the principal swearing or affirming to the truthfulness of the document's contents.
Question 2: Which of the following is NOT a mandatory element to be included in a Pennsylvania notarial certificate, according to RULONA?
- The date of the notarial act
- The notary's printed name
- The notary's business address (Correct answer)
- The notary's commission expiration date
Correct answer: The notary's business address
While including the notary's business address is good practice and may appear on some notary stamps, it is not explicitly required by the Pennsylvania Revised Uniform Law on Notarial Acts (RULONA) for the notarial certificate itself. The date of the notarial act, the notary's printed name, and the notary's commission expiration date are all statutory requirements.
Question 3: A Pennsylvania Notary Public is asked to certify a copy of a birth certificate. Under PA RULONA, what is the notary's correct response?
- The notary may certify the copy, provided the original is presented and the copy is a true and accurate reproduction.
- The notary must refuse to certify the copy because it is a public record for which a certified copy is available from the custodian of the record. (Correct answer)
- The notary may certify the copy only if the principal signs an affidavit stating that the copy is true and accurate.
- The notary may certify the copy if they personally make the copy from the original document.
Correct answer: The notary must refuse to certify the copy because it is a public record for which a certified copy is available from the custodian of the record.
Under PA RULONA, a notary public may not certify a copy of a public record or publicly recordable document if a certified copy can be obtained from the office of the public official in which the record is filed. Birth certificates fall into this category, as certified copies are available from the Department of Health. The notary should refuse to certify the copy and inform the requestor where to obtain a certified copy.
Question 4: When performing a notarial act in Pennsylvania, which method of identifying a principal is considered acceptable under RULONA?
- A driver's license that expired two weeks prior to the notarial act.
- A credit card with a photograph of the principal.
- The oath or affirmation of a credible witness personally known to the notary and who personally knows the principal. (Correct answer)
- A recent utility bill showing the principal's name and address.
Correct answer: The oath or affirmation of a credible witness personally known to the notary and who personally knows the principal.
PA RULONA permits identification based on personal knowledge, satisfactory evidence (such as a government-issued identification credential), or the oath or affirmation of a credible witness personally known to the notary and who personally knows the individual. An expired driver's license, even if recently expired, is generally not considered satisfactory evidence of identity. A credit card is not a government-issued identification credential. A utility bill does not provide photographic identification or signature for comparison.
Question 5: In a notarial certificate for an acknowledgment, what statement does the Pennsylvania Notary Public attest to?
- That the contents of the document are true and accurate to the best of the principal's knowledge.
- That the principal signed the document voluntarily for the purposes stated therein. (Correct answer)
- That the principal has the legal capacity to execute the document.
- That the document is legally valid and enforceable.
Correct answer: That the principal signed the document voluntarily for the purposes stated therein.
In an acknowledgment, the notary attests that the principal appeared before them, was identified, and declared that they signed the document voluntarily for its stated purpose. The notary does not attest to the truthfulness or accuracy of the document's contents, nor do they guarantee the principal's legal capacity or the validity of the document itself.
Question 6: A Pennsylvania Notary Public completes a notarial act. Which of the following is a correct statement regarding the execution of the notarial certificate?
- The notary may sign the certificate and affix their seal up to 72 hours after the notarial act is performed.
- The notary's signature on the certificate must be identical to the signature on file with the Department of State. (Correct answer)
- The notary's official stamp (seal) is optional if the notary's printed name and commission expiration date are clearly visible.
- The notary may use an electronic signature on a paper document, provided it is legible.
Correct answer: The notary's signature on the certificate must be identical to the signature on file with the Department of State.
PA RULONA requires the notary to sign the certificate and affix their official stamp (seal) at the time of performing the notarial act. The notary's signature and seal are essential for validating the act and must be applied contemporaneously with the act itself. The notary's signature must be the same as the signature on file with the Department of State.
Question 7: What is the primary purpose of including the venue (e.g., 'Commonwealth of Pennsylvania, County of [Name] ss.') in a notarial certificate?
- To identify the principal's county of residence.
- To specify the location where the notarial act was performed. (Correct answer)
- To indicate the county where the document will be recorded.
- To confirm the notary's county of commission.
Correct answer: To specify the location where the notarial act was performed.
The venue indicates the geographical location (county and state) where the notarial act physically took place. This is a crucial element for establishing the notary's jurisdiction and the legal validity of the act, proving that the notary acted within their authorized territory.
PA Notary Acts & Wording 1
A principal appears before a Pennsylvania Notary Public and states that the signature on a document is theirs and that they signed it voluntarily for the purposes stated in the document.
What type of notarial act has occurred?