PA Notary Procedures & Legal 1 — Questions and Answers
Question 1: A Notary's personal representative, guardian, or any other person in possession of the Notary Journal has how many days to return the Journal to the Recorder of Deeds?
- 15 Days
- 30 Days (Correct answer)
- 45 Days
- 60 Days
Correct answer: 30 Days
Upon a notary's death or incapacitation, their personal representative, guardian, or any other person in possession of the notary journal must return it to the Recorder of Deeds within 30 days. This ensures the safekeeping of official records and maintains the chain of custody for important notarial acts. The journal is a public record and must be preserved according to state law.
Question 2: Upon resignation or expiration of a commission, the stamping device should do all of the following EXCEPT:
- Destroying
- Defacing
- Damaging
- Surrendering possession (Correct answer)
Correct answer: Surrendering possession
Upon resignation or expiration of their commission, a Pennsylvania notary is required to destroy, deface, or damage their stamping device to render it unusable. The purpose is to prevent any unauthorized use of the expired or resigned commission. Surrendering possession is not the correct action; the notary must ensure the device cannot be used for official acts.
Question 3: All of the following are permitted EXCEPT:
- acknowledgements
- oaths and affirmations
- stamped signatures (Correct answer)
- verifications
Correct answer: stamped signatures
Pennsylvania notary law permits notaries to perform acknowledgments, oaths and affirmations, and verifications. However, using stamped signatures is generally not permitted for the notary's own signature on official documents. A notary's signature must typically be an original, handwritten signature to authenticate the notarial act and ensure its validity.
Question 4: Continuing education courses for Pennsylvania notaries must exceed 3 hours within 6 months prior to:
- Initial appointment
- Renewal of commission (Correct answer)
- Completion of notarial acts
- Application for commission
Correct answer: Renewal of commission
Pennsylvania notaries are required to complete at least three hours of continuing education within six months prior to applying for the renewal of their commission. This requirement ensures that notaries stay updated on current laws, regulations, and best practices. It helps maintain a high standard of professional competence among commissioned notaries.
Question 5: Who is responsible for the security of the stamping device in Pennsylvania?
- Pennsylvania Department of State
- County Recorder of Deeds
- Local Law Enforcement
- Notary (Correct answer)
Correct answer: Notary
The notary public themselves is solely responsible for the security and proper use of their stamping device in Pennsylvania. They must take all reasonable steps to prevent its loss, theft, or unauthorized use. This responsibility underscores the importance of the stamping device as an official tool and the notary's accountability for its integrity.
Question 6: A Notary Public in Pennsylvania is legally authorized by the state government to:
- Issue marriage licenses
- Witness court proceedings
- Conduct real estate appraisals
- Administer oaths and affirmations (Correct answer)
Correct answer: Administer oaths and affirmations
A primary function of a Notary Public in Pennsylvania, as authorized by the state government, is to administer oaths and affirmations. This power allows them to legally attest to the truthfulness of statements made by individuals. While they perform other duties, administering oaths is a core responsibility that lends legal weight to various documents and declarations.
Question 7: Handling electronic records requires the notary in Pennsylvania to be registered with the department:
- Before receiving any electronic notarization requests (Correct answer)
- Within 30 days of first use
- After completing training
- At the time of renewal
Correct answer: Before receiving any electronic notarization requests
To perform electronic notarizations, a Pennsylvania notary must be registered with the Department of State *before* receiving any electronic notarization requests. This ensures that the notary is properly authorized and equipped to handle electronic records and transactions securely and legally. It's a prerequisite for engaging in electronic notarial acts.
A Notary's personal representative, guardian, or any other person in possession of the Notary Journal has how many days to return the Journal to the Recorder of Deeds?