Updated 10-17-17. Pennsylvania has announced a major update to its Notary laws, effective on October 26, 2017, based on the Revised Uniform Law On Notarial Acts (RULONA) and regulations implementing the RULONA. But how will these rules affect you? Here are five important changes Pennsylvania Notaries need to know about:
1. New ID requirements
The new rules specify a list of IDs that you may accept, including the following:
- A driver’s license or ID card issued by any U.S. state
- A U.S. passport
- A foreign passport stamped by USCIS
- A government-issued ID document from Canada or Mexico
The new rules also clarify the requirements for using personal knowledge credible identifying witnesses.
2. Notaries may refuse a notarization
The new rules allow a Notary to refuse a notarization request:
- If you are not satisfied the signer is competent and aware enough to understand what is being signed
- If you are not satisfied the signer is signing voluntarily and without coercion or duress
- If you are not satisfied the signature on the document matches the one presented on the signer’s identification
- If you are not satisfied the signer’s physical appearance matches the photo on the ID
3. Notarial certificate wording revised
The new rules put in place simpler wording for each type of notarial certificate that will be easier to complete. If you’re an NNA member, you can find the new certificates by logging on to you “My NNA” account.
4. New notarial act authorized
The new law establishes an act called “signature witnessing.” To perform this act, you verify a signer’s identity and witness them sign the document. Witnessing a signature requires the signer to personally appear before the Notary and be identified through personal knowledge or satisfactory evidence. The new act requires the individual appearing before the Notary to sign the document in the Notary’s presence, and the Notary must complete specific certificate wording for witnessing a signature as required by section 316 of the new law.
5. New record-keeping privacy requirements
Notaries are prohibited from recording a signer’s personal financial or identification information in their journals. Examples of prohibited information include full Social Security numbers, driver’s license numbers or account numbers. UPDATE 10-6-17: The prohibition on recording a signer’s personal financial or identification information in their journals is part of the new Pennsylvania state regulations but has not been finalized yet. We will provide updated information on this requirement when the regulation is finalized.
A final note: Renew your commission early
If you plan to renew your commission, make sure to do so well in advance. If your commission lapses even one day, you will be required to take an exam to renew it.
David Thun is the Assistant Managing Editor with the National Notary Association.
Related Articles:
Notary Basics: Avoiding the unauthorized practice of law
FAQ: Pennsylvania's new Notary procedures
Additional Articles:
Notary Law Update: PA House Bill 25 (RULONA)