PA Notary Acts & Wording 2 — Questions and Answers
Question 1: A person acting as an attorney-in-fact for a parent signs a real estate document in your presence. Which detail is most critical for the notary to include in the notarial certificate for this specific act?
- The date the power of attorney document was originally executed.
- A statement clarifying that the signer appeared in the capacity of an attorney-in-fact. (Correct answer)
- The physical address of the principal who granted the power of attorney.
- The notary's personal opinion on the validity of the power of attorney document.
Correct answer: A statement clarifying that the signer appeared in the capacity of an attorney-in-fact.
Pennsylvania's RULONA requires that the notarial certificate accurately reflect the circumstances of the notarization. This includes stating the representative capacity of the signer, such as 'attorney-in-fact for [Principal's Name]', to ensure the record is clear and legally sound.
Question 2: A document's principal signer cannot appear, but a subscribing witness who saw the principal sign is present. When notarizing on the basis of this witness, what is the core component of the verbal ceremony?
- Administering an oath or affirmation to the witness regarding their own identity.
- Having the witness sign a separate affidavit confirming the principal's absence.
- Administering an oath or affirmation to the witness confirming they personally saw the principal sign the record. (Correct answer)
- Asking the witness to acknowledge their own signature on the document.
Correct answer: Administering an oath or affirmation to the witness confirming they personally saw the principal sign the record.
The notarial act of taking a verification on oath of a subscribing witness (also known as a proof of execution) centers on the witness swearing or affirming that they personally witnessed the principal signer execute the document. This sworn testimony is what the notary is certifying.
Question 3: A client presents a document with a pre-printed notarial certificate that ambiguously states, 'Acknowledged and Sworn before me this day...'. What is the compliant course of action for a Pennsylvania notary?
- Perform both an acknowledgment and a verification and charge for two notarial acts.
- Refuse the notarization because the pre-printed wording is defective under PA law.
- Cross out 'Acknowledged and', proceed only with the verification, and make a note in the journal.
- Ask the signer which notarial act is required, cross out the inapplicable wording, and proceed with the correct act. (Correct answer)
Correct answer: Ask the signer which notarial act is required, cross out the inapplicable wording, and proceed with the correct act.
A notary must not make the decision for the signer. When faced with ambiguous wording, the notary's duty is to explain the different notarial acts (acknowledgment vs. verification) and ask the signer to choose. The notary then amends the certificate by lining through the incorrect text to accurately reflect the act performed.
Question 4: A client requests notarization of a contract. The main body is complete, but an addendum section at the end is entirely blank. According to Pennsylvania notary law, the notary should:
- Proceed with the notarization, as the primary sections of the document are complete.
- Fill in the blank addendum section with 'Not Applicable' before notarizing.
- Refuse to notarize until the blank spaces are either filled in or lined through by the signer. (Correct answer)
- Have the signer place their initials in the middle of the blank section before notarizing.
Correct answer: Refuse to notarize until the blank spaces are either filled in or lined through by the signer.
Pennsylvania law requires notaries to refuse to notarize a document if it contains blank spaces where information should be. This rule is in place to prevent the fraudulent addition of information after the notarization has been completed. The signer must either complete the spaces or cross them out.
Question 5: A customer needs a 'notarized copy' of their original U.S. Passport. Which of the following describes the authorized notarial act a Pennsylvania notary can perform in this scenario?
- The notary makes a photocopy, then uses a 'Certified True Copy' stamp and signs the copy.
- The notary attaches an acknowledgment certificate to the photocopy of the passport.
- The notary administers an oath to the passport holder, who swears the copy is true and correct, and then completes a jurat. (Correct answer)
- The notary is prohibited from performing any notarial act related to a U.S. Passport.
Correct answer: The notary administers an oath to the passport holder, who swears the copy is true and correct, and then completes a jurat.
In Pennsylvania, notaries are not authorized to certify copies of vital or publicly recordable documents like passports themselves. However, they can perform a 'copy certification by document custodian.' This involves the passport holder (the custodian) presenting the original and a copy and swearing under oath that the copy is a true and accurate reproduction. The notary then notarizes the custodian's sworn statement with a verification on oath or affirmation (jurat).
Question 6: A week after notarizing a deed, the notary realizes the county in the venue section was incorrectly stated. What is the proper procedure to correct this ministerial error?
- Instruct the receiving agency to make the correction on the original document.
- Create and send a completely new, loose notarial certificate with the correct information.
- Request the original document be returned, draw a single line through the error, write the correction, and initial the change. (Correct answer)
- The error cannot be corrected, and the entire document must be re-signed and re-notarized.
Correct answer: Request the original document be returned, draw a single line through the error, write the correction, and initial the change.
For minor, non-substantive (ministerial) errors in a notarial certificate, the best practice is to correct the original document. The notary should have the document returned, make the correction by neatly lining through the error, adding the correct information, and then initialing and dating the change. A note of this correction should also be made in the corresponding journal entry.
PA Notary Acts & Wording 2
A person acting as an attorney-in-fact for a parent signs a real estate document in your presence.
Which detail is most critical for the notary to include in the notarial certificate for this specific act?