Acts & Wording Flashcards

An individual who is physically unable to sign their name appears before a Pennsylvania notary. They direct their unimpaired adult child to sign the document on their behalf. Two disinterested witnesses are present. What is the correct way for the designated signer (the child) to sign?

Answer: The child signs their own name, and the notary prints the parent's name underneath.

When a principal directs a third party to sign on their behalf due to a physical inability, the designated individual should sign their own name. The notary or another party should then print or type the name of the principal (the person unable to sign) beneath the designated signer's signature. This clearly indicates who performed the physical act of signing and on whose behalf it was done.

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?

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.

A notary performs a remote online notarization (RON) for a signer located in another state. According to Pennsylvania's RON laws, which specific statement MUST be included in the notarial certificate?

Answer: "This notarial act involved the use of communication technology."

Pennsylvania law requires that when a notarial act is performed using communication technology for a remotely located individual, the certificate of notarial act must include a statement indicating this fact. The suggested wording is often similar to 'This notarial act involved the use of communication technology.'

A signer presents a document that requires an acknowledgment but was signed two days ago. The signer, however, now expresses uncertainty about the terms and says they may have been pressured into signing. The notary has properly identified the signer. What is the notary's proper course of action?

Answer: Refuse the notarization because the signer cannot acknowledge the signature as being made willingly.

A core component of an acknowledgment is the signer declaring they executed the instrument willingly for the purposes stated within it. If the signer expresses that they were under duress or are no longer willing, the notary cannot truthfully complete the acknowledgment certificate. A notary has the authority to refuse a notarial act if they are not satisfied that the signature is being knowingly and voluntarily made.

Which of the following scenarios requires the use of a credible witness for identification under Pennsylvania notary law?

Answer: When the signer is a stranger to the notary and possesses no form of acceptable government-issued ID.

A credible witness can be used only when a signer does not possess an acceptable form of identification. The credible witness must be personally known to the notary, must personally know the signer, and must swear or affirm that the signer is the person named in the document and does not possess other forms of ID. If the signer is personally known to the notary, there is no need for a credible witness. An expired license is not an acceptable ID, but the key reason for using a credible witness is the complete lack of acceptable ID.

A notary is notarizing the signature of an attorney-in-fact who is signing a real estate deed on behalf of a principal. The notarial certificate is an acknowledgment. How should the notary complete the certificate?

Answer: Stating that the attorney-in-fact personally appeared and acknowledged signing in their representative capacity.

The notarial certificate must reflect exactly what occurred. The attorney-in-fact is the individual who personally appeared before the notary. Therefore, the certificate should name the attorney-in-fact as the person appearing and state that they acknowledged executing the document in their authorized capacity on behalf of the principal. The notary only needs to identify the person who is physically present and signing.