Pennsylvania Notary Public Exam — Questions and Answers

Question 1: A notary may refuse to perform a notarial act for several reasons. Which of the following is an impermissible reason for refusal in Pennsylvania?

The notary disagrees with the political statements contained within the document. (Correct answer)
The notary is not satisfied the signer has the capacity to execute the record.
The signature on the record does not substantially conform to the signature on the ID.
The physical appearance of the signer does not substantially conform to the photograph on their ID.

Correct answer: The notary disagrees with the political statements contained within the document.

While a Pennsylvania notary has the authority to refuse a notarization if they are not satisfied with the signer's identity, capacity, or willingness, they cannot refuse based on personal disagreement with the lawful contents of a document. A notary must remain impartial and cannot refuse service based on the document's purpose or the signer's race, religion, nationality, or other protected characteristics.

Question 2: What are the requirements for a person to serve as a credible witness in Pennsylvania?

The witness must personally know the signer and be identified by the notary. (Correct answer)
The witness must be a family member of the signer.
The witness must be a resident of the same county as the notary.
The witness must sign the document that is being notarized.

Correct answer: The witness must personally know the signer and be identified by the notary.

A credible witness must personally know the signer. The notary, in turn, must identify the credible witness through either personal knowledge or a valid government-issued ID presented by the witness.

Question 3: A Pennsylvania-commissioned notary is asked to perform a RON for a real estate closing. The document package includes a power of attorney. The signer for the POA is physically in Florida, the credible witness is in Ohio, and the notary is in their office in Pennsylvania. Which statement accurately describes the requirements for this scenario?

A credible witness cannot be used for real estate transactions involving a power of attorney.
The credible witness must be personally known to both the signer and the notary.
The credible witness must be physically present with the notary in Pennsylvania.
The credible witness must also undergo identity proofing using at least two different technologies or services. (Correct answer)

Correct answer: The credible witness must also undergo identity proofing using at least two different technologies or services.

When using a credible witness to identify a principal in a RON session, Pennsylvania law requires that the witness's identity be verified in the same manner as the principal if they were not personally known to the notary. This means the credible witness must also pass the required identity-proofing standards, such as credential analysis and KBA.

Question 4: What is the primary purpose of a notary's surety bond?

To serve as an insurance policy for the notary's employer
To generate revenue for the Department of State
To protect the public from financial harm caused by the notary's misconduct (Correct answer)
To protect the notary from lawsuits

Correct answer: To protect the public from financial harm caused by the notary's misconduct

The surety bond is in place to protect the public from financial harm resulting from the notary's negligence, errors, or willful misconduct. It does not protect the notary from liability.

Question 5: If a notary public's error or omission, such as failing to record the act in their journal, is discovered after the fact, what is the legal status of the notarial act itself under RULONA?

The notarial act is automatically invalidated.
The notarial act is presumptively valid, but the notary faces sanctions. (Correct answer)
The notarial act is only valid if the notary immediately corrects the journal entry.
The notarial act is invalidated, and the notary's commission is suspended for 30 days.

Correct answer: The notarial act is presumptively valid, but the notary faces sanctions.

Section 326 of RULONA specifies that the failure of a notary to perform a duty or meet a requirement does not, in itself, invalidate the notarial act. The act is still considered valid. However, this does not protect the notary from sanctions or penalties from the Department of State for their failure to comply with the law. The customer might also have other legal remedies to challenge the record based on laws other than RULONA.

Question 6: A notary resigns their commission with two years remaining in their term. What is the required procedure for handling their official journal?

The notary must retain the journal for 10 years following the resignation date.
The journal must be shredded or otherwise securely destroyed to protect signer privacy.
The journal must be delivered to the recorder of deeds in the county where the notary last maintained an office within 30 days. (Correct answer)
The journal must be delivered to the Department of State within 30 days.

Correct answer: The journal must be delivered to the recorder of deeds in the county where the notary last maintained an office within 30 days.

Upon resignation of a commission, a Pennsylvania notary public is required to deliver their journal to the office of the recorder of deeds in the county where they last maintained an office. This must be done within 30 days of the resignation.

Question 7: A client explains that his brother is physically incapacitated and cannot sign or even make a mark on a document. The client asks if he can sign his brother's name on his behalf, a process known as 'signature by proxy.' According to Pennsylvania notary law, how should you proceed?

Sign the incapacitated individual's name yourself at the direction of the client and then notarize the document.
Allow the proxy signature, provided there are two disinterested witnesses present.
Refuse to notarize, as Pennsylvania law does not provide general statutory guidelines for signature by proxy. (Correct answer)
Perform the notarization, as signature by proxy is permitted for any document in Pennsylvania.

Correct answer: Refuse to notarize, as Pennsylvania law does not provide general statutory guidelines for signature by proxy.

Pennsylvania notary law does not have specific statutes that authorize a 'signature by proxy' for general notarial acts. Notaries are advised not to perform such notarizations as it falls outside their defined authority. While certain specific documents, like a Power of Attorney, have provisions for another individual to sign at the principal's direction, this is not a general rule for all documents.

Question 8: When identifying a signer using a government-issued nondriver identification card, what are the essential requirements for the ID to be considered acceptable 'satisfactory evidence' in Pennsylvania?

It must contain a photograph and have been issued in Pennsylvania.
It must be issued within the last 5 years and contain a signature.
It must be a REAL ID compliant card, regardless of expiration date.
It must be current and unexpired. (Correct answer)

Correct answer: It must be current and unexpired.

According to the Revised Uniform Law on Notarial Acts (RULONA) as adopted in Pennsylvania, a government-issued identification card, such as a driver's license or nondriver ID, must be current and unexpired to be considered satisfactory evidence of identity.

Question 9: A Pennsylvania notary is asked to notarize a document written entirely in Spanish, a language the notary does not understand. The signer is fluent in both Spanish and English. The notarial certificate is in English. Which of the following is the correct procedure?

Refuse the notarization because the notary cannot read the document.
Proceed with the notarization as long as the notary can communicate directly with the signer in English and all other requirements are met. (Correct answer)
Require the signer to provide a certified English translation of the entire document before proceeding.
Insist that an independent, third-party interpreter be present for the notarization.

Correct answer: Proceed with the notarization as long as the notary can communicate directly with the signer in English and all other requirements are met.

Pennsylvania law does not require a notary to understand the language of the document being notarized. The notary's primary duties are to properly identify the signer, ensure willingness, and complete the notarial certificate. As long as the notary can communicate directly with the signer in a shared language (in this case, English) and the notarial certificate itself is in English, the notarization can proceed.

Question 10: When performing an electronic notarization, what specific requirement applies to the notary's journal in Pennsylvania?

The notary must maintain an electronic journal that complies with the same requirements as a tangible journal. (Correct answer)
Electronic notarizations do not require a journal entry if a secure electronic record is maintained.
Only the date and time of the electronic notarization need to be recorded.
A separate tangible journal must be used for all electronic notarial acts.

Correct answer: The notary must maintain an electronic journal that complies with the same requirements as a tangible journal.

For electronic notarizations, Pennsylvania law permits the use of an electronic journal, provided it meets the same requirements for security, integrity, and record-keeping as a tangible journal. The electronic journal must contain all the information required for traditional notarial acts.

Question 11: For how long must a Pennsylvania Notary Public retain their official journal from the date of the last entry?

10 years. (Correct answer)
7 years.
5 years.
Until the commission expires.

Correct answer: 10 years.

Pennsylvania law requires a notary public to retain their official journal for a period of 10 years from the date of the last entry. This ensures that records of notarizations are available for a significant period for legal and investigative purposes, even after the commission expires.

Question 12: After passing the exam, to which entity does a prospective notary submit their application?

The Department of Revenue
The local county courthouse
The Department of State (Correct answer)
The Governor's office

Correct answer: The Department of State

The completed notary public application, along with the required fees and proof of education, is submitted to the Pennsylvania Department of State for review and approval.

Question 13: When a signer is identified through a credible witness who is personally known to the notary, which of the following is a specific requirement for the journal entry in Pennsylvania?

A separate journal entry must be made for administering the oath to the credible witness. (Correct answer)
The credible witness must sign the notary's journal.
A photograph of the credible witness must be attached to the journal page.
The notary must record the credible witness's driver's license number.

Correct answer: A separate journal entry must be made for administering the oath to the credible witness.

The act of administering an oath or affirmation to a credible witness is, itself, a notarial act. Therefore, it requires its own separate, chronological entry in the notary's journal, distinct from the entry for the primary notarial act being performed for the principal signer.

Question 14: A notary is deemed to have resigned because they no longer live or work in Pennsylvania. Within what timeframe must they deliver their notary journal to the appropriate office?

Within 45 days of the deemed resignation date.
Within 10 days of the deemed resignation date.
Immediately upon ceasing to live or work in the Commonwealth.
Within 30 days of the deemed resignation date. (Correct answer)

Correct answer: Within 30 days of the deemed resignation date.

Pennsylvania law requires that a notary who has resigned must deliver their journal (or register) to the office of the recorder of deeds in the county where they last maintained an office within 30 days of the resignation.

Question 15: Who determines the fees that a Pennsylvania notary can charge for their services?

County Clerk
State Department (Correct answer)
Governor
Notary Association

Correct answer: State Department

The Pennsylvania Department of State is responsible for regulating notaries public, which includes setting the maximum fees they can charge for various notarial acts. This ensures uniformity and prevents notaries from overcharging the public for essential services. Notaries are required to adhere to these established fee schedules.

Question 16: What happens if a notary fails to file their bond and take the oath of office within the required timeframe?

The commission becomes null and void. (Correct answer)
The notary is placed on probation for one year.
A 30-day extension is automatically granted.
A fine is imposed by the Department of State.

Correct answer: The commission becomes null and void.

Failure to take the oath and file the bond, oath, and commission with the recorder of deeds within the 45-day period results in the notary's commission becoming null and void. The individual must reapply from the beginning.

Question 17: A notary charges a client for notarizing a signature and also adds a 'service charge' of $10.00 on the final receipt, which includes the cost of making a photocopy and the time spent on the transaction. Which of the following is a critical requirement for charging such a fee?

All service charges are prohibited; only the statutory notarial fee and a travel fee are permitted.
The service charge cannot exceed the cost of the notarial act.
The client must be informed of the clerical/administrative fee before the notarization, and it must be itemized separately on the receipt and in the journal. (Correct answer)
The notary must get prior approval from the Department of State for any service charges.

Correct answer: The client must be informed of the clerical/administrative fee before the notarization, and it must be itemized separately on the receipt and in the journal.

Pennsylvania law permits notaries to charge clerical or administrative fees for services related to the notarial act, such as copying or travel. However, these fees are not set by the Department of State and must be reasonable. Crucially, the law requires that the customer be informed about these additional fees *before* the notarization is performed, and these fees must be itemized separately from the statutory notary fee on the customer's receipt and in the notary's journal.

Question 18: Upon resignation or expiration of a commission, the stamping device should do all of the following EXCEPT:

Defacing
Surrendering possession (Correct answer)
Damaging
Destroying

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 19: When charging a client for both a notarial act and a separate clerical fee for printing documents, what is the correct procedure for documentation in the notary journal?

Record the notarial fee and the clerical fee in separately itemized entries. (Correct answer)
Record the total amount and make a private note about the breakdown.
Combine both fees into a single entry under the 'Fee' column.
Only record the state-mandated notarial fee.

Correct answer: Record the notarial fee and the clerical fee in separately itemized entries.

The Pennsylvania Department of State requires that if clerical or administrative fees are charged, they must be separately itemized in the notary journal. This creates a clear record distinguishing the state-regulated notarial fee from other reasonable charges.

Question 20: A notary public is sued civilly for damages resulting from a negligent notarization. The court finds the notary liable. Which of the following is a potential consequence for the notary BEYOND the civil judgment?

Mandatory lifetime revocation of the notary commission.
Disciplinary action by the Department of State, including commission suspension. (Correct answer)
A requirement to pay punitive damages to the surety bond company.
Automatic felony conviction for official misconduct.

Correct answer: Disciplinary action by the Department of State, including commission suspension.

A finding of liability in a civil case for misconduct can be grounds for the Department of State to initiate its own disciplinary proceedings. This can result in sanctions such as suspension, revocation, or required education, separate from the civil penalties. While criminal charges are possible for some actions, a civil judgment does not automatically equate to a felony conviction. Sanctions are determined by the Department and are not automatically a lifetime revocation.

Question 21: A fully competent individual is physically unable to sign a document or even make a mark due to a condition like quadriplegia. Which of the following is the correct procedure for a Pennsylvania notary to follow?

The notary must refuse the notarization as no signature or mark can be made.
The notary should use the 'signature by another' procedure, where the individual directs a third party to sign on their behalf. (Correct answer)
The individual's legal guardian must sign, regardless of the individual's mental competence.
The notary may type the signer's name and note in the certificate that the signer acknowledged it.

Correct answer: The notary should use the 'signature by another' procedure, where the individual directs a third party to sign on their behalf.

For a signer who is mentally competent but physically incapable of signing or making a mark, Pennsylvania law provides for a 'signature by another' (also known as a proxy signature). The disabled individual must direct another person (who is not the notary) to sign their name, and this must occur in the presence of the disabled individual and the notary.

Question 22: A Pennsylvania notary is presented with a document written entirely in Spanish. The signer speaks only Spanish, but has a valid, unexpired Pennsylvania driver's license. The notary does not speak or read Spanish. Which of the following is the correct action for the notary to take?

Refuse the notarization because the notary cannot read the document.
Allow a family member of the signer to act as an interpreter to complete the notarial act.
Proceed with the notarization by attaching an English-language notarial certificate after verifying the signer's identity. (Correct answer)
Require the signer to provide a certified English translation of the document before proceeding.

Correct answer: Proceed with the notarization by attaching an English-language notarial certificate after verifying the signer's identity.

Pennsylvania law does not require a notary to understand the language of the document being notarized. The notary's primary duty is to verify the identity of the signer and witness the signature. As long as the notary can complete the required notarial certificate in English and is satisfied with the signer's identity, the notarization can proceed.

Question 23: A notary resigns their commission mid-term to take a job in another state. Which of the following actions is required regarding their official seal and journal?

The notary must surrender both the seal and the journal to their former employer if the employer paid for them.
The notary must send both the seal and the journal to the Department of State via certified mail.
The notary must destroy the seal and deliver their journal to the recorder of deeds in their county of residence within 30 days. (Correct answer)
The notary can keep the seal as a memento but must transfer the journal to another notary in the same county.

Correct answer: The notary must destroy the seal and deliver their journal to the recorder of deeds in their county of residence within 30 days.

Upon resignation, a Pennsylvania notary is required to deliver their journal to the office of the recorder of deeds in the county where they last maintained an office within 30 days. The official stamping device is the property of the notary and should be destroyed or disabled to prevent fraudulent use.

Question 24: A signer is physically unable to write their full name but can make a mark. Two witnesses are present. What is the correct procedure for a Pennsylvania notary to follow for a signature by mark on a standard legal document?

The signer makes their mark, and the notary prints the signer's name with the notation 'his/her mark' nearby. The witnesses are not required to sign.
The notary must refuse the notarization as a full signature is required on all documents.
The notary must make the mark for the signer and then have the two witnesses sign the document.
The signer makes their mark, one witness prints the signer's name near the mark and signs as a witness, and the other witness also signs. (Correct answer)

Correct answer: The signer makes their mark, one witness prints the signer's name near the mark and signs as a witness, and the other witness also signs.

Under Pennsylvania's Statutory Construction Act, a signature includes a mark when the individual cannot write, but their name must be written near it and witnessed by another person who writes their own name. While one witness is the minimum statutory requirement for the mark to be considered a signature, having two witnesses present (and signing) is a common and recommended best practice, especially for important documents.

Question 25: Which of the following scenarios constitutes the crime of "impersonating a notary public" in Pennsylvania?

A notary charging a travel fee that is higher than the statutorily allowed amount.
A notary refusing to perform a lawful notarial act for a member of the public.
A former notary continuing to perform notarizations one day after their commission expired.
An administrative assistant using their boss's (a valid notary) official stamp with permission. (Correct answer)

Correct answer: An administrative assistant using their boss's (a valid notary) official stamp with permission.

Pennsylvania law explicitly states that the use of a notary public's official stamp by a person who is not the notary named on the stamp constitutes impersonating a notary public and is subject to criminal penalties under 18 Pa.C.S. § 4913. The stamp is the exclusive property of the notary and its use cannot be delegated.

Question 26: Which of the following acts by a Pennsylvania notary could result in the notarization being legally 'voidable'?

Performing a notarial act for a transaction where the notary is a named party and has a direct financial interest. (Correct answer)
Using an embosser in addition to the official rubber stamp seal.
Failing to record the notarization in the journal within the same business day.
Charging a fee higher than the state-mandated maximum.

Correct answer: Performing a notarial act for a transaction where the notary is a named party and has a direct financial interest.

Pennsylvania law explicitly prohibits a notary from performing a notarial act in a transaction where they are a party or have a direct or pecuniary interest. A notarial act performed in violation of this rule is considered voidable, meaning it can be legally nullified. Other violations may lead to disciplinary action or fines but do not automatically make the act itself voidable.

Question 27: When notarizing for a person with a known developmental disability, which action represents a failure of the notary's duty?

Asking simple, non-leading questions to assess the signer's awareness of the transaction.
Allowing a trusted caregiver to be present to comfort the signer, while ensuring no undue influence is exerted.
Completing the notarization based solely on the presentation of a valid ID without assessing the signer's comprehension. (Correct answer)
Refusing the notarization after being unable to determine if the signer understands the document's implications.

Correct answer: Completing the notarization based solely on the presentation of a valid ID without assessing the signer's comprehension.

A notary's responsibility extends beyond verifying identity. They must also be confident that the signer is competent, aware, and acting willingly. Relying only on a valid ID and ignoring potential signs of confusion or lack of understanding, especially with a known disability, is a serious breach of notarial duty.

Question 28: A client presents a document with a pre-printed notarial certificate from another state. The certificate is for an acknowledgment but omits the county where the notarization is taking place. What should the Pennsylvania notary do?

Cross out the pre-printed certificate and attach a loose certificate that complies with PA law.
Use the out-of-state certificate as is, since the notarization is valid if performed in PA.
Correct the certificate by crossing through the incorrect venue (if any) and writing in the correct Pennsylvania county. (Correct answer)
Refuse to notarize the document because the certificate is from another state.

Correct answer: Correct the certificate by crossing through the incorrect venue (if any) and writing in the correct Pennsylvania county.

A Pennsylvania notary may use a pre-printed out-of-state certificate as long as it substantially complies with PA law and allows the notary to perform all required steps. However, the venue must always reflect the actual location (state and county) where the notarization takes place. The notary should correct the venue on the certificate by lining through any incorrect information and inserting the correct location.

Question 29: Handling electronic records requires the notary in Pennsylvania to be registered with the department:

After completing training
At the time of renewal
Before receiving any electronic notarization requests (Correct answer)
Within 30 days of first use

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.

Question 30: A Pennsylvania notary's stamping device is stolen from their locked office over a weekend. They leave for a week-long vacation on Monday morning without entering the office and only discover the theft upon their return a full week later. According to Pennsylvania law, by when must the notary report the theft to the Department of State?

Immediately upon discovering the theft, by the next business day.
Within 15 days of discovering the theft. (Correct answer)
Within 15 days of the date the theft likely occurred.
Within 30 days of returning from vacation.

Correct answer: Within 15 days of discovering the theft.

Pennsylvania RULONA requires a notary to notify the Department of State within 15 days of *discovering* that their stamping device is lost or stolen. The clock starts from the moment of discovery, not the date the item was actually taken.

Question 31: Under Pennsylvania's RON law (Act 97 of 2020), a notary is authorized to certify that a tangible copy of an electronic record is a true and correct copy. Which of the following is a critical requirement for this specific notarial act?

The electronic record must be stored on the notary's approved RON platform for at least 30 days prior to certification.
The notary must have reasonable proof of the electronic record's integrity and affix an official certificate to the tangible copy. (Correct answer)
The certification must be performed in the physical presence of the person requesting the copy.
The notary must have been the one who originally notarized the electronic record.

Correct answer: The notary must have reasonable proof of the electronic record's integrity and affix an official certificate to the tangible copy.

Act 97 of 2020 specifically authorizes notaries to certify that a tangible copy of an electronic record is a true and correct copy. This act does not require the notary to have been the original notary or for the requestor to be physically present. The core responsibility is for the notary to ensure the integrity of the source electronic record and then to execute a proper notarial certificate on the paper copy.

Question 32: Under Pennsylvania law, when must a notary public offer an affirmation instead of an oath?

When the notary is also a justice of the peace
When the document is a property deed
When the signer is under the age of 18
When the signer objects to taking an oath on religious or conscientious grounds (Correct answer)

Correct answer: When the signer objects to taking an oath on religious or conscientious grounds

Pennsylvania law requires that a notary offer an affirmation to any person who objects to taking an oath due to religious beliefs or matters of conscience.

Question 33: Which of the following actions by a notary constitutes the unauthorized practice of law (UPL)?

Charging the maximum fee allowed by the state.
Keeping a detailed journal of all notarial acts.
Refusing to notarize an incomplete document.
Advising a signer on which type of notarial certificate to use. (Correct answer)

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 34: What is the minimum age requirement to become a notary public in Pennsylvania?

21 years old
18 years old (Correct answer)
25 years old
16 years old

Correct answer: 18 years old

According to the Revised Uniform Law on Notarial Acts (RULONA), an individual must be at least 18 years of age to be eligible for a notary public commission in Pennsylvania.

Pennsylvania Notary Public Exam

The Pennsylvania Notary Public Exam tests knowledge of notarial acts, Pennsylvania notary law, identification requirements, journal keeping, and ethical obligations required for commissioning.

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60 min

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70%

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