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The PA Notary Appointment Guide
Table of Contents
Chapter One …………………………..…..… Eligibility
Chapter Two …………………….……….…. Education, Application, Examination
Chapter Three ……………………………….. Bond, Oath of Office, Official Signature
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CHAPTER ONE
ELIGIBILITY
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ARE YOU ELIGIBLE TO BECOME A PA NOTARY?
Under the Revised Uniform Law on Notarial Acts (RULONA) an
appointed notary public must meet the following requirements:
AGE:
Be at least 18 years of age.!
COMPETENCY:
Be able to read and write in English.
CITIZENSHIP:
Be a citizen or permanent legal resident of the United States.
RESIDENCY:
Be a resident of or have a place of employment or practice in the
Commonwealth.
CHARACTER:
Not be ineligible due to an act or omission which demonstrates that the
individual lacks the honesty, integrity, competence or reliability to act as a
notary public.
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Acts or omissions that disqualify an individual for the office of notary
public include:
Failure to comply with RULONA.
A fraudulent, dishonest or deceitful misstatement or omission in the
application for a commission as a notary public submitted to the
department.
Conviction of or acceptance of Accelerated Rehabilitative Disposition by
the applicant or notary public for a felony or an offense involving fraud,
dishonesty or deceit.
A finding against or admission of liability by the applicant or notary
public in a legal proceeding or disciplinary action based on the fraud,
dishonesty or deceit of the applicant or notary public.
Failure by a notary public to discharge a duty required of a notary public,
whether by this chapter, by regulation of the department or by Federal or
State law.
Use of false or misleading advertising or representation by a notary
public representing that the notary public has a duty, right or privilege
that the notary public does not have.
Violation by a notary public of a regulation of the department regarding
a notary public.
Denial, refusal to renew, revocation, suspension or conditioning of a
notary public commission in another state.
Failure of a notary public to maintain a bond.
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APPLICANTS WITH CRIMINAL CONVICTIONS
According to the Department:
While there is no longer a statutory five-year bar to appointment for
applicants who have been convicted of or pled guilty or nolo contendere
to a felony or a lesser offense incompatible with the duties of a notary
public, any person who has been convicted of or accepted Accelerated
Rehabilitative Disposition (ARD) for any felony offense or any
misdemeanor offense involving fraud, dishonesty or deceit within five
years preceding the date of application for appointment is presumed
ineligible for appointment as a notary public.
The Department considers any of the following:
(1) Theft and related offenses.
(2) Forgery and fraudulent practices.
(3) Bribery and related offenses.
(4) Perjury or falsification in official matters and related offenses.
(5) Obstructing governmental operations and related offenses.
(6) Abuse of office and related offenses.
(7) Criminal attempt if the underlying crime involves fraud, dishonesty
or deceit.
(8) Criminal solicitation if the underlying crime involves fraud,
dishonesty or deceit.
(9) Criminal conspiracy if the underlying crime involves fraud,
dishonesty or deceit.
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Where crimes involving fraud, dishonesty or deceit are more than five
years preceding the date of application for appointment, the conviction
and related facts may still be considered in determining whether the
applicant has the requisite honesty, integrity, competence or reliability to
act as a notary public.
The presumption of ineligibility for appointment may be rebutted in
extraordinary circumstances by a showing of clear and convincing
evidence of the applicant’s full rehabilitation.
WHO ELSE IS INELIGIBLE TO BECOME A PA NOTARY ?
According to the law, an individual is ineligible for the office of notary
public if they are:
• An elected or appointed federal official.
• A member of the United States Congress.
• A member of the General Assembly of the Commonwealth of
Pennsylvania.
• Hold a judicial office, except a magisterial district justice. !
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CHAPTER TWO
BASIC EDUCATION
APPLICATION
&
EXAMINATION
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BASIC EDUCATION
Under RULONA both new and renewing Pennsylvania notaries public
must complete an education course.
If you are seeking an initial notary public appointment or if your notary
commission has expired, you must complete a basic education course
and pass an exam. A basic education course has a core curriculum
covering the duties and responsibilities of the office of notary public and
electronic notarization. The course must also provide instruction
regarding statutes, regulations, procedures, and ethics that are relevant
to notarial acts.
After completing a course, you will receive a certificate. The certificate
expires six months from the date that it is issued. Before the certificate
expires, you will need to submit an application to the department.
APPLYING FOR THE OFFICE
According to the law, a notary public application must:
•
Be made to the department on a form prescribed by the
department.
•
Be accompanied by a nonrefundable fee of $42, payable to the
Commonwealth of Pennsylvania.
The department accepts applications via mail. However, both new and
renewing notaries are encouraged to submit their applications online at
www.notaries.pa.gov.
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When submitting an application, you will need to furnish your:
•
Legal Name
•
Birthdate
•
Social Security Number
•
Home Address
•
Work Address
•
Valid and Signed Course Completion Certificate
An application may be denied if the department determines that there is
a fraudulent, dishonest or deceitful misstatement or omission in the
application.
However, if your application is approved, the department will permit you
to take the Pennsylvania notary exam.
EXAMINATION
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If you are permitted to sit for the Pennsylvania Notary Examination, you
will have six months from the date that your application is approved to
schedule and pass the exam. The exam will test your competency of the
following core subjects:
Obtaining a Notary Commission
Managing a Notary Commission
Notarial Acts
Key Points to Know About the Exam
•
You will have 60 minutes to answer 30 multiple choice questions.
•
Five out of the 30 questions are pretest questions that will not
impact your score.
•
Exam results are calculated using a scaled scoring system.
A scaled score can range from 0 to 100.
•
A score below 75 will indicate that you failed the exam.
•
If you fail the exam, you can retake it for an unlimited number of
times within your six-month window.
•
You cannot take the exam more than one within a twenty-four hour
period.
•
Each time you take the exam, you will have to reschedule it and pay
a fee.
•
A score of 75 or greater will indicate that you passed the exam.
•
A passing score is valid for six year.
Upon passing the exam you will become an appointed notary public.
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Commonwealth of Pennsylvania – Department of State
Bureau of Commissions, Elections and Legislation
Division of Commissions, Legislation and Notaries
210 North Office Building
Harrisburg, PA 17120
Tel: (717) 787-5280 Web: dos.pa.gov/notaries
NOTARY PUBLIC APPLICATION
(Revised 10/14/2016 and
effective 10/26/2017)
This form may be submitted online at notaries.pa.gov
PRINT OR TYPE CLEARLY. FILL OUT APPLICATION COMPLETELY. Do not leave any blanks.
Use “none” or “N/A” if applicable. An incomplete application will delay your appointment.
FEE: $42 – make check or money order payable to: COMMONWEALTH OF PENNSYLVANIA.
CHECK ONE: New Appointment
Reappointment
(have been a notary in Pennsylvania before)
PART I: Applicant Information (NOTE: Employer/Business contact information will be public record)
First Name
Middle Name or Initial (if used)
Last Name
Suffix (if applicable)
Date of Birth (mm/dd/yyyy)
Social Security Number (xxx-xx-xxxx)
Email Address
Name of Employer/Business where Notary Commission will be used (Do not leave blank. If not applicable, please indicate.)
Employer/Business Street Address (P.O. Box alone is insufficient)
City
State
Zip Code
Employer/Business Telephone (include area code)
County
Home Street Address (P.O. Box alone is insufficient)
City
State
Zip Code
Home Telephone (include area code)
County
Part II: Education; Criminal, Disciplinary and Legal History (Check or mark appropriate boxes)
YES (√)
NO (√)
I am a notary applicant for initial appointment or reappointment and I have completed a three-hour notary public education course, pre-
approved by the Department, within the six-month period immediately preceding this application. I have attached a copy of my course
completion certificate and retained my original. Lack of proof of education will result in application rejection.
Have you ever been convicted or accepted Accelerated Rehabilitative Disposition in resolution of a felony or misdemeanor preceding
the date of this application? Conviction includes a finding of guilt by a court or jury, a plea of guilty or nolo contendere or a finding of not
guilty due to insanity or of guilty but mentally ill. If yes, attach full details (name of court, plea/conviction/ARD, sentence and length of
probation) and appropriate supporting documents with a signed and dated personal explanation.
Have you ever resigned a notary commission or had a notary commission suspended, revoked or otherwise disciplined by the
Commonwealth of Pennsylvania or any other state/jurisdiction preceding the date of this application? If yes, attach full details and
appropriate supporting documents with a signed and dated personal explanation.
Have you ever had any other professional or occupational license suspended, revoked or otherwise disciplined?
If yes, attach full details and appropriate supporting documents with a signed and dated personal explanation.
Have you ever had a judgment levied against you or admitted liability in a legal proceeding for your actions as a notary public?
If yes, attach full details and appropriate supporting documents with a signed and dated personal explanation.
Note that disclosing your social security number on this application is mandatory for the Department of State to comply with the requirements of the federal Social Security Act pertaining to
child support enforcement, as implemented in the Commonwealth of Pennsylvania at 23 Pa. C.S. § 4304.1(a). To enforce domestic child support orders, the Commonwealth’s licensing
boards must provide to the Department of Human Services (DHS) information prescribed by DHS about the licensee, including the social security number.
APPLICANT AFFIDAVIT: I am at least 18 years of age; a citizen or permanent legal resident of the United States; a resident of or have a place of employment in
Pennsylvania; able to read and write English. I meet all the qualifications for appointment and commission as prescribed by law and have the honesty, integrity,
competence and reliability to act as a notary public. I shall furnish additional evidence of these statements, if requested, which shall be satisfactory to the Department of
State. To the best of my knowledge and belief, this application contains no misrepresentations or falsifications, omission or concealments of material fact and the
information given by me is true and complete. I understand that any false statement made is subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification
to authorities) and may result in the suspension, revocation, or denial of my notary commission.
___
_____________________________________________________ _________________________________________________ _______________________________
Applicant Signature (must match name in Part I) Applicant Printed Name (must match name in Part I) Date
If you have ever been a notary in Pennsylvania before or used a different name:
Notary commission expiration date
Full name on previous commission
Notary commission ID number
Other name used on previous commission or other/former name(s) you have used
PENNSYLVANIA NOTARY PUBLIC APPLICATION – INSTRUCTIONS
To qualify for appointment and commission as a Pennsylvania Notary Public, you MUST:
• Be at least eighteen (18) years of age
• Be a citizen or permanent legal resident of the United States
• Be a resident of Pennsylvania or have a place of employment or practice within this Commonwealth
• Be able to read and write English
• Have completed at least three hours of approved notary education within the six months immediately preceding your application (see below for more information)
• Pass an examination (for applicants who do not hold a current and active commission – see below for more information)
• Have the honesty, integrity, competence and reliability to act as a notary public – this is generally the absence of a conviction of, or acceptance of Accelerated
Rehabilitative Disposition, by the applicant for a felony or an offense involving fraud, dishonesty or deceit
• Not be otherwise disqualified to receive a commission
The following persons are NOT eligible to hold the office of Notary Public:
• Any member of the Congress of the United States, and any person, whether an officer, a subordinate officer or agent holding any office or appointment of profit or
trust under the legislative, executive, or judicial departments of the government of the United States, to which a salary, fees or perquisites are attached.
• Any member of the General Assembly of Pennsylvania.
Notary Public Application Procedures
General Instructions: This application must be TYPEWRITTEN or PRINTED legibly. Applications will be accepted only on the form approved for use by Department of
State. This form may not be altered in any way. Do not send a copy of your completed form, only the original will be accepted. All answers are subject to investigation and
false statements (including omissions) will be deemed as adequate grounds for rejection.
PART I: Use your full name as you would like it to appear on your commission. Nicknames will not be accepted. You may use any of the following: full first name and last
name; full first name, middle initial and last name; full first name, full middle name and last name; first name initial, full middle name and last name. Your signature at the
bottom of the application must match the full name printed in this section. Your commission will be prepared and issued in this name. If applicable, employer business
information may be the same as home address information (i.e., home office). Note that a home office address and telephone number listed in the employer/business
address section of the application will become public information.
PART II: Answer all questions. Where “yes” is checked, supply full details and appropriate supporting documents with a signed and dated personal explanation.
Signature: The applicant’s signature on the application must exactly match the applicant’s name as provided on the application. The applicant shall use a legible,
recognizable handwritten signature, which can be attributed to the applicant by anyone examining or authenticating the signature. A signature is legible and recognizable if
it is distinct, easily readable and understandable, and the notary’s full name may be clearly discerned by looking at the signature.
If an applicant’s preferred signature is
not legible and recognizable, the applicant must also legibly print his or her name immediately adjacent to his or her preferred signature.
To ensure uninterrupted “commissioned” status, completed applications for reappointment should be submitted to the Department of State AT LEAST TWO TO
THREE MONTHS prior to the expiration of the current commission. Renewal applicants should allow AT LEAST ONE MONTH for processing after submitting a completed
renewal application to the Department.
New appointees should allow AT LEAST FOUR TO SIX WEEKS for processing after submitting a completed application to the Department of State. If notice of
appointment is not received within this time, contact the Bureau at the address at the top of the application.
Fee: Each application must be accompanied by a check or money order for $42.00, made payable to “Commonwealth of Pennsylvania,” and mailed to 210 North Office
Building, Harrisburg, PA 17120. The fee is non-refundable. The Department of State is authorized to revoke the notary public commission of a notary public who issues a
personal insufficient funds check to the order of any State agency or the Commonwealth.
Oath of Office, Bond, Recording: Upon appointment, the Department of State will send notice of appointment to the applicant, with further instructions and an official
bond and oath form to be executed by the applicant. These materials will be sent to the applicant’s business address as provided on the application. The applicant should
record the commission, executed bond and oath form in the Recorder of Deeds in the county where their office is located. This must be completed within FORTY-FIVE
(45) DAYS after the date of appointment or the commission becomes null and void. Extensions will not be given.
All correspondence from the Department of State concerning your notary public application, notice of appointment to office and bond
will be mailed to the employer/business address you have provided on your application. Your name, employer/business name,
employer/business address, employer/business telephone number and commissioning history will become public information. If you
list your home address, “N/A” or “None” in the employer/business address section of the application, your home address and home
telephone number will become public information.
NEW Mandatory Education Requirement for all applicants – The Revised Uniform Law on Notarial Acts, Act 73 of 2013 (effective October 26, 2017),
requires all applicants for both initial appointment and reappointment as a notary public to complete at least three hours of approved notary education within the six
months immediately preceding the application for appointment or reappointment. Under the new law, the exemption previously available for notaries whose
commission was in effect on July 1, 2003 is abolished. All notaries public are required to complete an approved notary education course in order to be appointed or
reappointed, including those notaries previously “grandfathered” from the prior education requirement by court ruling.
NEW Examination Requirement for applicants who do not hold a current notary commission – The Revised Uniform Law on Notarial Acts (effective
October 26, 2017) requires all applicants who do not hold a current commission in Pennsylvania to pass an examination. This includes applicants who have never
held a notary commission and all applicants who previously held a notary commission but whose commission has expired at the time their application for appointment
is received by the Department. Upon approval of the application, applicants who are required to take the examination will be provided with information on the
computer-based testing procedures and sites.
CHAPTER THREE
BOND
OATH OF OFFICE
OFFICIAL SIGNATURE
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FROM APPOINTMENT TO COMMISSION
After you become appointed to the office of notary public, you will not be
able to perform any notarial acts until you become commissioned. A
notary public appointment is not the same as a notary public
commission.
As an example: Let’s suppose that you applied for a job. The company
determines that you’ve met all of their qualifications and provides you a
job offer. Although you received an offer, you will not be able to say that
you are an employee of the company until you accept the offer and sign
an employment agreement.
That same analogy can apply to becoming a commissioned notary
public. Being appointed as a notary public is confirmation that you have
met the eligibility requirements. After being appointed, you will have 45
days to take an oath of office, and record the oath, bond, and your official
signature in the county where you maintain a work or business address.
YOUR BOND
The first step to becoming a commissioned notary public is obtaining a
surety bond. All Pennsylvania notaries public are required to maintain a
surety bond in the sum of $10,000. The bond does not protect the notary.
The bond is a financial guarantee to the Commonwealth and its citizens.
If a citizen suffers a financial loss due to a notary’s failure to fulfill their
duties and responsibilities, the State and the citizen has the right to
remedy the matter by seeking compensation from your bond.
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According to section § 321. (d) of RULONA, a bond must:
(i)
be executed by an insurance company authorized to do business
in this Commonwealth;
(ii)
cover acts performed during the term of the notary public
commission; and
(iii) be in the form prescribed by the department.
(4) If a notary public violates law with respect to notaries public in this
Commonwealth, the surety or issuing entity is liable under the bond.
(5) The surety or issuing entity must give 30 days' notice to the department
before canceling the bond.
(6) The surety or issuing entity shall notify the department not later than 30
days after making a payment to a claimant under the bond.
(7) A notary public may perform notarial acts in this Commonwealth only
during the period in which a valid bond is on file with the department.
Sample Bond
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OATH OF OFFICE
The second step is to take an oath of office. Notaries public, like all public
officials, must be sworn into office. The oath is administered by the
Recorder of Deeds or a representative within the office. You will have to
raise your right hand and state:
I, YOUR NAME, having been duly appointed and commissioned a Notary
Public in and for the Commonwealth of Pennsylvania, do solemnly swear
(or affirm) that I will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth and that I will
discharge the duties of my office with fidelity.
After taking the oath of office, you will have to sign a printed version of
the oath and have it recorded in the Recorder of Deed’s office along with
your bond.
YOUR OFFICIAL SIGNATURE
After the printed version of your oath and bond are recorded, you will
need to file your official signature at the prothonotary's office. The
prothonotary is the clerk of the county. If a county does not have a
prothonotary’s office, according to the law:
“the official signature of each notary public shall be registered in the office
of the clerk of courts” or a similar office.
If someone needs to verify your official signature, they will be able to
retrieve a copy of it from the prothonotary's office.
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TERM OF OFFICE
After being sworn into the office of notary public and filing your oath,
bond and signature, you will become a commissioned notary public for a
term of four years. Your status as a notary public will also be publicly
accessible on a database maintained by the department.
ERRORS and OMISSIONS INSURANCE
Although it is not required by law, a notary public may purchase an errors
and omissions insurance (E & O) policy. E & O insures a notary public
against loss or damages resulting from a notary’s unintentional failure to
property perform their duties and responsibilities.
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New PA Notary
!Verify that you meet eligibility requirements.
!Complete a state-approved 3-hour basic education course.
!Within 6 months of completing a course (before your certificate
expires) submit your application to the department www.notaries.pa.gov
!After your application is approved, schedule to take the state exam. !
!After passing the exam and receiving a notice of appointment,
purchase a notary public bond.
!Take the bond to the Recorder of Deeds office where you maintain a
work or business address.
!Take your oath of office.
!Record the bond, oath and official signature. !
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