PA Notary Prohibited Acts & UPL 1 — Questions and Answers
Question 1: A notary who is also a licensed insurance agent is selling a policy to a client. Can the notary notarize the client's signature on the insurance application?
- Yes, as long as they do not charge a notary fee.
- Yes, because it is a service to the client.
- No, this is a prohibited act due to a direct financial interest. (Correct answer)
- No, unless another employee from the agency is present.
Correct answer: No, this is a prohibited act due to a direct financial interest.
A notary may not perform a notarial act if they have a direct financial or beneficial interest in the transaction, other than the notary fee. Earning a commission from the sale of the policy constitutes a direct financial interest, creating a prohibited conflict.
Question 2: Which of the following actions by a notary constitutes the unauthorized practice of law (UPL)?
- Advising a signer on which type of notarial certificate to use. (Correct answer)
- Refusing to notarize an incomplete document.
- Charging the maximum fee allowed by the state.
- Keeping a detailed journal of all notarial acts.
Correct answer: Advising a signer on which type of notarial certificate to use.
Choosing the correct notarial act (e.g., acknowledgment vs. jurat) carries legal implications. A notary cannot advise the signer on this choice, as that constitutes giving legal advice. The signer must decide, or get advice from an attorney or the document's originator.
Question 3: A Pennsylvania notary is buying a car and needs their signature notarized on the title application. The notary may:
- Notarize their own signature since it is a personal matter.
- Notarize their own signature but not charge a fee.
- Notarize their own signature if their spouse is present as a witness.
- Not perform the notarization and must find another notary. (Correct answer)
Correct answer: Not perform the notarization and must find another notary.
A notary is strictly prohibited from notarizing their own signature. They are a party to the transaction and cannot act as the impartial official witness required for a notarial act. They must find another qualified notary.
Question 4: A notary is asked to complete a jurat certificate on an affidavit that the signer signed the previous day. The signer is present and swears to the truth of the contents. The notary should:
- Refuse the notarization because the document must be signed in the notary's presence for a jurat. (Correct answer)
- Proceed with the jurat since the signer is now present and taking an oath.
- Cross out the jurat and attach an acknowledgment certificate instead.
- Date the jurat with the previous day's date.
Correct answer: Refuse the notarization because the document must be signed in the notary's presence for a jurat.
A jurat requires the document to be 'subscribed' (signed) in the notary's presence. Since the document was already signed, a jurat cannot be performed on that signature. The signer would have to sign the document again in front of the notary for a jurat to be completed.
Question 5: A notary is strictly prohibited from which of the following acts?
- Notarizing a document for a close family member.
- Using the official stamp on a document not related to a notarial act. (Correct answer)
- Advertising their services as a 'Notary Public'.
- Traveling to a signer's home to perform a notarization.
Correct answer: Using the official stamp on a document not related to a notarial act.
The official notary stamp is a symbol of the notary's authority and is to be used exclusively for performing official notarial acts. Using it for any other purpose, such as on a personal letter or a non-notarized document, is prohibited.
Question 6: A notary may not notarize a signature on a document that:
- Is written in a foreign language the notary does not understand.
- Contains blank spaces where information should be inserted. (Correct answer)
- Will be sent to another state or country.
- Names the notary's employer as a party in the document.
Correct answer: Contains blank spaces where information should be inserted.
A notary must refuse to notarize a document that is incomplete or contains blank spaces (other than the signature line). This is a critical step to prevent the fraudulent addition of information after the notarization is complete.
Question 7: A person asks a notary to simply 'certify' a copy of their U.S. birth certificate. The notary should:
- Make a copy, stamp it with the official seal, and sign it.
- Refuse the request and explain that they are not authorized to certify vital records. (Correct answer)
- Have the person sign a statement that the copy is true, and notarize that signature.
- Charge an extra fee for the complexity of the request.
Correct answer: Refuse the request and explain that they are not authorized to certify vital records.
In Pennsylvania, notaries are not authorized to certify copies of vital records like birth, death, or marriage certificates. These copies must be obtained from the official government agency that holds the original record (e.g., the Department of Health, Division of Vital Records).
PA Notary Prohibited Acts & UPL 1
A notary who is also a licensed insurance agent is selling a policy to a client.
Can the notary notarize the client's signature on the insurance application?