PA House Bill 665

Legislation

State: Pennsylvania
Signed: October 04, 2016

Effective: October 04, 2016
Chapter: Act No. 2016-103

Summary

House Bill 665 clarifies that a Pennsylvania attorney may take the acknowledgment of a principal signing a power of attorney as long as the attorney is not one of the two witnesses required to attest the power of attorney.

Affects

Amends Title 20 Section 5601 and Title 57 Section 316(2.1) of the Pennsylvania Consolidated Statutes.

Changes

Clarifies that an attorney may take an acknowledgment of a power of attorney in compliance with 42 PA.C.S. § 327(A) and certify to the acknowledgment in the manner provided in 57 Pa.C.S. § 316(2.1) (relating to short form certificates) as long as the attorney is not one of the two required witnesses to the execution of the power of attorney.
Modifies the short form acknowledgment certificate for an acknowledgment by an attorney.

Analysis

Pennsylvania has long had a law allowing an attorney to take an acknowledgment of a signature and then take the document to a Notary or notarial officer to prove the execution of the document. This procedure is known as a proof of execution by subscribing witness. Unlike other states that allow this type of notarization, Pennsylvania requires the subscribing witness to be an Pennsylvania attorney. 42 PA.C.S. § 327(A) is the statute that authorizes Pennsylvania attorneys to take such acknowledgments provided they are then certified by a Notary or notarial officer in accordance with provisions of the Revised Uniform Law on Notarial Acts.

House Bill 665 authorizes this procedures with respect to powers of attorney provided the attorney taking the acknowledgment does not serve as one of the two witnesses to the power of attorney required by law. HB 665 also makes a minor change to the short form certificate of a notarial act that a Notary Public or notarial officer must complete to evidence the acknowledgment by an attorney in 57 Pa.C.S. § 316(2.1).

Read House Bill 665.