Bill Text: PA HB2275 | 2011-2012 | Regular Session | Amended

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Bill Title: Enacting uniform laws on attestation in the areas of unsworn foreign declarations and notarial acts; making editorial changes; making related repeals; and abrogating a regulation.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Engrossed - Dead) 2012-10-15 - Re-referred to APPROPRIATIONS [HB2275 Detail]

Download: Pennsylvania-2011-HB2275-Amended.html

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PRIOR PRINTER'S NO. 3259 PRINTER'S NO. 3661
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2275 Session of2012
INTRODUCED BY GRELL, AUMENT, CLYMER, CREIGHTON, CUTLER, ELLIS, FABRIZIO, GEIST, HENNESSEY, MILLER, MILNE AND ROCK, MARCH 26, 2012
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 2012
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 57
(Notaries Public) of the Pennsylvania Consolidated Statutes,
enacting uniform laws on attestation in the areas of unsworn
foreign declarations and notarial acts; and making editorial <--
changes; making related repeals; and abrogating a regulation. <--
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated <--
Statutes is amended by adding a chapter to read:
Section 1. Section 327 of Title 42 of the Pennsylvania <--
Consolidated Statutes is amended to read:
§ 327. Oaths and acknowledgments.
Each judicial officer, each clerk of court, and such other
personnel of the system and jurors as may be designated by or
pursuant to general rules may administer oaths and affirmations
and take acknowledgments. An acknowledgment may be taken by a
member of the bar of the Supreme Court of Pennsylvania if the
document is thereafter certified to an officer authorized to
administer oaths. Certification by an attorney shall be in
accordance with [section 7(5) of the act of July 24, 1941
(P.L.490, No.188), known as the Uniform Acknowledgment Act,] 57
Pa.C.S. Ch. 3 (relating to Revised Uniform Law on Notarial Acts)
and shall include the attorney's Supreme Court identification
number.
Section 1.1. Title 42 is amended by adding a chapter to
read:
CHAPTER 62
UNIFORM UNSWORN FOREIGN
DECLARATIONS ACT
Sec.
6201. Short title.
6202. Definitions.
6203. Applicability.
6204. Validity of unsworn declaration.
6205. Required medium.
6206. Form of unsworn declaration.
6207. Uniformity of application and construction.
6208. Relation to Electronic Signatures in Global and National
Commerce Act.
§ 6201. Short title.
This act shall be known and may be cited as the Uniform
Unsworn Foreign Declarations Act.
§ 6202. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Boundaries of the United States." The geographic boundaries
of the United States, Puerto Rico, the Virgin Islands and any
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territory or insular possession subject to the jurisdiction of
the United States.
"Law." Includes the Federal or a state constitution, a
Federal or state statute, a judicial decision or order, a rule
of court, an executive order and an administrative rule,
regulation or order.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Sign." With present intent to authenticate or adopt a
record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record
an electronic symbol, sound or process.
"State." A state of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands or any territory or
insular possession subject to the jurisdiction of the United
States.
"Sworn declaration." A declaration in a signed record given
under oath. The term includes a sworn statement, verification,
certificate and affidavit.
"Unsworn declaration." A declaration in a signed record that
is not given under oath but is given under penalty of perjury.
§ 6203. Applicability.
This chapter applies to an unsworn declaration by a declarant
who at the time of making the declaration is physically located
outside the boundaries of the United States whether or not the
location is subject to the jurisdiction of the United States.
This chapter does not apply to a declaration by a declarant who
is physically located on property that is within the boundaries
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of the United States and subject to the jurisdiction of another
country or a federally recognized Indian tribe.
§ 6204. Validity of unsworn declaration.
(a) General rule.--Except as set forth in subsection (b), if
a law of this Commonwealth requires or permits use of a sworn
declaration, an unsworn declaration meeting the requirements of
this chapter has the same effect as a sworn declaration.
(b) Exception.--This chapter does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath or affirmation required to be given before a
specified official other than a notary public;
(4) a declaration relating to real property required or <--
authorized to be recorded under the act of May 12, 1925 <--
(P.L.613, No.327), entitled "An act regulating the recording
of certain deeds, conveyances, and other instruments of
writing, and fixing the effect thereof as to subsequent
purchasers, mortgagees, and judgment creditors"; and
(5) an oath or affirmation required by 20 Pa.C.S. §
3132.1 (relating to self-proved wills).
§ 6205. Required medium.
If a law of this Commonwealth requires that a sworn
declaration be presented in a particular medium, an unsworn
declaration must be presented in that medium.
§ 6206. Form of unsworn declaration.
An unsworn declaration under this chapter must be in
substantially the following form:
I declare under penalty of perjury under the law of the
Commonwealth of Pennsylvania that the foregoing is true
and correct, and that I am physically located outside the
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geographic boundaries of the United States, Puerto Rico,
the Virgin Islands and any territory or insular
possession subject to the jurisdiction of the United
States.
Executed on the day of , ,
at ,
(date) (month) (year)
(city or other location, and state)
.
(country)
(printed name)
(signature)
§ 6207. Uniformity of application and construction.
In applying and construing this chapter, consideration must
be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
§ 6208. Relation to Electronic Signatures in Global and
National Commerce Act.
To the extent permitted by section 102 of the Electronic
Signatures in Global and National Commerce Act (Public Law
106-229, 15 U.S.C. § 7002), this chapter may modify or supersede
provisions of that act.
Section 2. Title 57 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 3
REVISED UNIFORM LAW ON NOTARIAL ACTS
Sec.
301. Short title.
302. Definitions.
303. Applicability.
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304. Authority to perform notarial act.
305. Requirements for certain notarial acts.
306. Personal appearance required.
307. Identification of individual.
308. Authority to refuse to perform notarial act.
309. Signature if individual unable to sign.
310. Notarial act in this Commonwealth.
311. Notarial act in another state.
312. Notarial act under authority of federally recognized
Indian tribe.
313. Notarial act under Federal authority.
314. Foreign notarial act.
315. Certificate of notarial act.
316. Short form certificates.
317. Official stamp.
318. Stamping device.
319. Journal.
320. Notification regarding performance of notarial act on
electronic record; selection of technology.
321. Appointment and commission as notary public;
qualifications; no immunity or benefit.
322. Examination, basic education and continuing education.
323. Sanctions.
324. Database of notaries public.
325. Prohibited acts.
326. Validity of notarial acts.
327. Regulations.
328. Notary public commission in effect.
329. Savings clause.
329.1. Fees of notaries public.
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330. Uniformity of application and construction.
331. Relation to Electronic Signatures in Global and National
Commerce Act.
§ 301. Short title.
This chapter shall be known and may be cited as the Revised
Uniform Law on Notarial Acts.
§ 302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Acknowledgment." A declaration by an individual before a
notarial officer that:
(1) the individual has signed a record for the purpose
stated in the record; and
(2) if the record is signed in a representative
capacity, the individual signed the record with proper
authority and signed it as the act of the individual or
entity identified in the record.
"Bureau." The Bureau of Commissions, Elections and
Legislation.
"Conviction." Includes conviction by entry of plea of guilty <--
or nolo contendere, conviction after trial and a finding of not
guilty due to insanity or of guilty but mentally ill.
"Department." The Department of State of the Commonwealth.
"Electronic." Relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
"Electronic signature." An electronic symbol, sound or
process attached to or logically associated with a record and
executed or adopted by an individual with the intent to sign the
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record.
"In a representative capacity." Acting as:
(1) an authorized officer, agent, partner, trustee or
other representative for a person other than an individual;
(2) a public officer, personal representative, guardian
or other representative, in the capacity stated in a record;
(3) an agent or attorney-in-fact for a principal; or
(4) an authorized representative of another in any other
capacity.
"Notarial act." An act, whether performed with respect to a
tangible or electronic record, that a notarial officer may
perform under the laws of this Commonwealth. The term includes:
(1) taking an acknowledgment;
(2) administering an oath or affirmation;
(3) taking a verification on oath or affirmation;
(4) witnessing or attesting a signature;
(5) certifying or attesting a copy or deposition; and
(6) noting a protest of a negotiable instrument.
"Notarial officer." A notary public or other individual
authorized to perform a notarial act.
"Notary public." An individual commissioned to perform a
notarial act by the department.
"Official stamp." A physical image affixed to or embossed on
a tangible record or an electronic image attached to or
logically associated with an electronic record. The term
includes a notary seal.
"Person." Any of the following:
(1) Any individual, corporation, business trust,
statutory trust, estate, trust, partnership, limited
liability company, association, joint venture or public
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corporation.
(2) A government or governmental subdivision, agency or
instrumentality.
(3) Any other legal or commercial entity.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Recorder of deeds." A county recorder of deeds or an <--
official with similar duties and responsibilities. The term
includes the commissioner of records of a county of the first
class and the manager of the department of real estate of a
county of the second class.
"Secretary." The Secretary of the Commonwealth.
"Sign." With present intent to authenticate or adopt a
record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record
an electronic symbol, sound or process.
"Signature." A tangible symbol or an electronic signature
which evidences the signing of a record.
"Stamping device." Any of the following:
(1) A physical device capable of affixing to or
embossing on a tangible record an official stamp.
(2) An electronic device or process capable of attaching
to or logically associating with an electronic record an
official stamp.
"State." A state of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands or any territory or
insular possession subject to the jurisdiction of the United
States.
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"Verification on oath or affirmation." A declaration, made
by an individual on oath or affirmation before a notarial
officer, that a statement in a record is true. The term includes
an affidavit.
§ 303. Applicability.
This chapter applies to a notarial act performed on or after
the effective date of this chapter.
§ 304. Authority to perform notarial act.
(a) Permitted.--A notarial officer may perform a notarial
act authorized by this chapter or by statutory provision other
than this chapter.
(b) Prohibited.--
(1) A notarial officer may not perform a notarial act
with respect to a record in which the officer or the
officer's spouse has a direct or pecuniary interest.
(2) For the purpose of this subsection, none of the
following shall constitute a direct or pecuniary interest:
(i) being a shareholder in a publicly traded company
that is a party to the notarized transaction;
(ii) being an officer, director or employee of a
company that is a party to the notarized transaction,
unless the director, officer or employee personally
benefits from the transaction other than as provided
under subparagraph (iii); or
(iii) receiving a fee that is not contingent upon
the completion of the notarized transaction.
(3) A notarial act performed in violation of this
subsection is voidable.
§ 305. Requirements for certain notarial acts.
(a) Acknowledgments.--A notarial officer who takes an
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acknowledgment of a record shall determine, from personal
knowledge or satisfactory evidence of the identity of the
individual, all of the following:
(1) The individual appearing before the officer and
making the acknowledgment has the identity claimed.
(2) The signature on the record is the signature of the
individual.
(b) Verifications.--A notarial officer who takes a
verification of a statement on oath or affirmation shall
determine, from personal knowledge or satisfactory evidence of
the identity of the individual, all of the following:
(1) The individual appearing before the officer and
making the verification has the identity claimed.
(2) The signature on the statement verified is the
signature of the individual.
(c) Signatures.--A notarial officer who witnesses or attests
to a signature shall determine, from personal knowledge or
satisfactory evidence of the identity of the individual, all of
the following:
(1) The individual appearing before the officer and
signing the record has the identity claimed.
(2) The signature on the record is the signature of the
individual.
(d) Copies.--A notarial officer who certifies or attests a
copy of a record or an item which was copied shall determine
that the copy is a complete and accurate transcription or
reproduction of the record or item.
(e) Negotiable instruments.--A notarial officer who makes or
notes a protest of a negotiable instrument shall determine the
matters set forth in 13 Pa.C.S. § 3505(b) (relating to evidence
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of dishonor).
§ 306. Personal appearance required.
If a notarial act relates to a statement made in or a
signature executed on a record, the individual making the
statement or executing the signature shall appear personally
before the notarial officer.
§ 307. Identification of individual.
(a) Personal knowledge.--A notarial officer has personal
knowledge of the identity of an individual appearing before the
officer if the individual is personally known to the officer
through dealings sufficient to provide reasonable certainty that
the individual has the identity claimed.
(b) Satisfactory evidence.--A notarial officer has
satisfactory evidence of the identity of an individual appearing
before the officer if the officer can identify the individual as
set forth in any of the following paragraphs:
(1) By means set forth in any of the following
subparagraphs:
(i) A passport, driver's license or government
issued nondriver identification card, which is current
and unexpired.
(ii) Another form of government identification
issued to an individual, which:
(A) is current;
(B) contains the signature or a photograph of
the individual; and
(C) is satisfactory to the officer.
(2) By a verification on oath or affirmation of a
credible witness personally appearing before the officer and
personally known to the officer.
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(c) Discretion.--A notarial officer may require an
individual to provide additional information or identification
credentials necessary to assure the officer of the identity of
the individual.
§ 308. Authority to refuse to perform notarial act.
(a) Specific refusal.--A notarial officer may refuse to
perform a notarial act if the officer is not satisfied that:
(1) the individual executing the record is competent or
has the capacity to execute the record;
(2) the individual's signature is knowingly and
voluntarily made;
(3) the individual's signature on the record or
statement substantially conforms to the signature on a form
of identification used to determine the identity of the
individual; or
(4) the physical appearance of the individual signing
the record or statement substantially conforms to the
photograph on a form of identification used to determine the
identity of the individual.
(b) General refusal.--A notarial officer may refuse to
perform a notarial act unless refusal is prohibited by law other
than this chapter.
§ 309. Signature if individual unable to sign.
(Reserved).
§ 310. Notarial act in this Commonwealth.
(a) Eligible individuals.--A notarial act may be performed
in this Commonwealth by any of the following:
(1) A judge of a court of record.
(2) A clerk, prothonotary or deputy prothonotary or
deputy clerk of a court having a seal.
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(3) A recorder of deeds or deputy recorder of deeds. <--
(3) Any of the following: <--
(i) A recorder of deeds.
(ii) A deputy recorder of deeds.
(iii) A clerk of a recorder of deeds to the extent
authorized by:
(A) section 1 of the act of May 17, 1949
(P.L.1397, No.414), entitled "An act authorizing the
recorder of deeds in counties of the first class to
appoint and empower clerks employed in his office to
administer oaths and affirmations";
(B) section 1312 of the act of July 28, 1953
(P.L.723, No.230), known as the Second Class County
Code; or
(C) section 1313 of the act of August 9, 1955
(P.L.323, No.130), known as The County Code.
(4) A notary public.
(5) A magisterial district judge A member of the minor <--
judiciary. As used in this paragraph, the term "minor
judiciary" has the meaning given in 42 Pa.C.S. § 102
(relating to definitions).
(6) An individual authorized by law to perform a
specific notarial act.
(b) Prima facie evidence.--The signature and title of an
individual performing a notarial act in this Commonwealth are
prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--The signature and title of a
notarial officer described in subsection (a)(1), (2), (3), (4)
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or (5) conclusively establish the authority of the officer to
perform the notarial act.
§ 311. Notarial act in another state.
(a) Effect.--A notarial act performed in another state has
the same effect under the law of this Commonwealth as if
performed by a notarial officer of this Commonwealth if the act
performed in that state is performed by any of the following:
(1) A notary public of that state.
(2) A judge, clerk or deputy clerk of a court of that
state.
(3) An individual authorized by the law of that state to
perform the notarial act.
(b) Prima facie evidence.--The signature and title of an
individual performing a notarial act in another state are prima
facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--The signature and title of a
notarial officer described in subsection (a)(1) or (2)
conclusively establish the authority of the officer to perform
the notarial act.
§ 312. Notarial act under authority of federally recognized
Indian tribe.
(a) Effect.--A notarial act performed under the authority
and in the jurisdiction of a federally recognized Indian tribe
has the same effect as if performed by a notarial officer of
this Commonwealth if the act performed in the jurisdiction of
the tribe is performed by any of the following:
(1) A notary public of the tribe.
(2) A judge, clerk or deputy clerk of a court of the
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tribe.
(3) An individual authorized by the law of the tribe to
perform the notarial act.
(b) Prima facie evidence.--The signature and title of an
individual performing a notarial act under the authority of and
in the jurisdiction of a federally recognized Indian tribe are
prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--The signature and title of a
notarial officer described in subsection (a)(1) or (2)
conclusively establish the authority of the officer to perform
the notarial act.
§ 313. Notarial act under Federal authority.
(a) Effect.--A notarial act performed under Federal law has
the same effect under the law of this Commonwealth as if
performed by a notarial officer of this Commonwealth if the act
performed under Federal law is performed by any of the
following:
(1) A judge, clerk or deputy clerk of a court.
(2) An individual in military service or performing
duties under the authority of military service who is
authorized to perform notarial acts under Federal law.
(3) An individual designated a notarizing officer by the
United States Department of State for performing notarial
acts overseas.
(4) An individual authorized by Federal law to perform
the notarial act.
(b) Prima facie evidence.--The signature and title of an
individual acting under Federal authority and performing a
20120HB2275PN3661 - 16 -
notarial act are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--The signature and title of an
officer described in subsection (a)(1), (2) or (3) conclusively
establish the authority of the officer to perform the notarial
act.
§ 314. Foreign notarial act.
(a) (Reserved).
(b) Effect.--
(1) This subsection applies to a notarial act:
(i) performed under authority and in the
jurisdiction of a foreign state or constituent unit of
the foreign state; or
(ii) performed under the authority of a
multinational or international governmental organization.
(2) A notarial act under paragraph (1) has the same
effect under the law of this Commonwealth as if performed by
a notarial officer of this Commonwealth.
(c) Conclusive establishment.--If the title of office and
indication of authority to perform notarial acts in a foreign
state appears in a digest of foreign law or in a list
customarily used as a source for that information, the authority
of an officer with that title to perform notarial acts is
conclusively established.
(d) Prima facie evidence.--The signature and official stamp
of an individual holding an office described in subsection (c)
are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
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(e) Hague Convention.--
(1) This subsection applies to an apostille which is:
(i) in the form prescribed by the Hague Convention
of October 5, 1961; and
(ii) issued by a foreign state party to the Hague
Convention.
(2) An apostille under paragraph (1) conclusively
establishes that:
(i) the signature of the notarial officer is
genuine; and
(ii) the officer holds the indicated office.
(f) Consular authentications.--
(1) This subsection applies to a consular
authentication:
(i) issued by an individual designated by the United
States Department of State as a notarizing officer for
performing notarial acts overseas; and
(ii) attached to the record with respect to which
the notarial act is performed.
(2) A consular authentication under paragraph (1)
conclusively establishes that:
(i) the signature of the notarial officer is
genuine; and
(ii) the officer holds the indicated office.
(g) Definition.--As used in this section, the term "foreign
state" means a government other than the United States, a state
or a federally recognized Indian tribe.
§ 315. Certificate of notarial act.
(a) Requirements.--
(1) A notarial act shall be evidenced by a certificate.
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(2) Regardless of whether the notarial officer is a
notary public, the certificate must:
(i) be executed contemporaneously with the
performance of the notarial act;
(ii) be signed and dated by the notarial officer;
(iii) identify the county and State in which the
notarial act is performed; and
(iv) contain the title of office of the notarial
officer.
(3) If the notarial officer is a notary public, all of
the following subparagraphs apply:
(i) The notary must:
(A) sign the notary's name exactly and only as
it appears on the commission; or
(B) execute the notary's electronic signature in
a manner which attributes the signature to the notary
identified in the commission.
(ii) The certificate must indicate the date of
expiration of the officer's commission.
(b) Official stamp.--
(1) If a notarial act regarding a tangible record is
performed by a notary public, an official stamp shall be
affixed to the certificate near the notary's signature in a
form capable of photographic reproduction.
(2) If a notarial act is performed regarding a tangible
record by a notarial officer other than a notary public and
the certificate contains the information specified in
subsection (a)(2)(ii), (iii) and (iv), an official stamp may
be affixed to the certificate.
(3) If a notarial act regarding an electronic record is
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performed by a notary public and the certificate contains the
information specified in subsection (a)(2)(ii), (iii) and
(iv) and (3), an official stamp may be attached to or
logically associated with the certificate.
(4) If a notarial act regarding an electronic record is
performed by a notarial officer other than a notary public
and the certificate contains the information specified in
subsection (a)(2)(ii), (iii) and (iv), an official stamp may
be attached to or logically associated with the certificate.
(c) Sufficiency.--A certificate of a notarial act is
sufficient if it meets the requirements of subsections (a) and
(b) and:
(1) is in a short form set forth in section 316
(relating to short form certificates);
(2) is in a form otherwise permitted by a statutory
provision;
(3) is in a form permitted by the law applicable in the
jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and
the actions are sufficient to meet the requirements of the
notarial act as provided in:
(i) sections 305 (relating to requirements for
certain notarial acts) 306 (relating to personal
appearance required) and 307 (relating to identification
of individual); or
(ii) a statutory provision other than this chapter.
(d) Effect.--By executing a certificate of a notarial act, a
notarial officer certifies that the officer has complied with
the requirements and made the determinations specified in
sections 304 (relating to authority to perform notarial act),
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305 and 306.
(e) Prohibition.--A notarial officer may not affix the
officer's signature to, or logically associate it with, a
certificate until the notarial act has been performed.
(f) Process.--
(1) If a notarial act is performed regarding a tangible
record, a certificate shall be part of, or securely attached
to, the record.
(2) If a notarial act is performed regarding an
electronic record, the certificate shall be affixed to, or
logically associated with, the electronic record.
(3) If the department has established standards under
section 327 (relating to regulations) for attaching, affixing
or logically associating the certificate, the process must
conform to the standards.
§ 316. Short form certificates.
The following short form certificates of notarial acts are
sufficient for the purposes indicated, if completed with the
information required by section 315(a) and (b) (relating to
certificate of notarial act):
(1) For an acknowledgment in an individual capacity:
State of
County of .
This record was acknowledged before me on
(date)
by (name(s) of individual(s))
.
Signature of notarial officer
Stamp
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Title of office
My commission expires:
(2) For an acknowledgment in a representative capacity:
State of
County of
This record was acknowledged before me on
(date)
by (name(s) of individual(s))
as (type of authority, such as officer or trustee)
of (name of party on behalf of whom record was executed) <--
who represent that (he, she or they) are authorized to <--
act on behalf of (name of party on behalf of whom record
was executed)
.
Signature of notarial officer
Stamp
Title of office
My commission expires:
(2.1) For an acknowledgment by an attorney at law: <--
(2.1) For an acknowledgment by an attorney at law <--
pursuant to 42 Pa.C.S. § 327 (relating to oaths and
acknowledgments):
State of
County of
This record was acknowledged before me on
(date)
by (name of attorney)
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Supreme Court identification number <--
as a member of the bar of the Pennsylvania Supreme Court
and a subscribing witness to this record and certified
that he/she was personally present when (name(s) of
individuals) executed the record and that (name(s) of
individuals) executed the record for the purposes
contained therein.
Signature of notarial officer
Stamp
Title of office
My commission expires:
(3) For a verification on oath or affirmation:
State of
County of .
Signed and sworn to (or affirmed) before me on
(date)
by (name(s) of individual(s))
making statement .
Signature of notarial officer
Stamp
Title of office
My commission expires:
(4) For witnessing or attesting a signature:
State of
County of
Signed (or attested) before me on
(date)
20120HB2275PN3661 - 23 -
by (name(s) of individual(s))
Signature of notarial officer
Stamp
Title of office
My commission expires:
(5) For certifying a copy of a record:
State of
County of
I certify that this is a true and correct copy of a
in the possession of .
Dated
Signature of notarial officer..........................
Stamp
Title of office
My commission expires:
(6) For certifying the transcript of a deposition:
State of
County of
I certify that this is a true and correct copy of the
transcript of the deposition of .
Dated
Signature of notarial officer .........................
Stamp
Title of office:
My commission expires:
§ 317. Official stamp.
20120HB2275PN3661 - 24 -
The following shall apply to the official stamp of a notary
public:
(1) A notary public shall provide and keep an official
seal, which shall be used to authenticate all the acts,
instruments and attestations of the notary. The seal must be
a rubber stamp and must show clearly in the following order:
(i) The words "Commonwealth of Pennsylvania."
(ii) The words "Notary Seal."
(iii) The name as it appears on the commission of
the notary and the words "Notary Public."
(iv) The name of the county in which the notary
public maintains an office.
(v) The date the notary's commission expires.
(vi) Any other information required by the
department.
(2) The seal must have a maximum height of one inch and
width of three and one-half inches, with a plain border.
(3) The seal must be capable of being copied together
with the record to which it is affixed or attached or with
which it is logically associated.
§ 318. Stamping device.
(a) Security.--
(1) A notary public is responsible for the security of
the stamping device of the notary public. A notary public may
not allow another individual to use the device to perform a
notarial act.
(1.1) The use of a notary public seal by a person that
is not the notary public named on the seal shall be deemed an
impersonation of a notary public.
(2) On resignation of a notary public commission or on
20120HB2275PN3661 - 25 -
the expiration of the date set forth in the stamping device,
the notary public shall disable the stamping device by
destroying, defacing, damaging, erasing or securing it
against use in a manner which renders it unusable.
(2.1) An individual whose notary public commission has
been suspended or revoked shall surrender possession of the
stamping device to the department.
(3) On the death or adjudication of incompetency of a
notary public, the personal representative or guardian of the
notary public or any person knowingly in possession of the
stamping device shall render it unusable by destroying,
defacing, damaging, erasing or securing it against use in a
manner which renders it unusable.
(b) Loss or theft.--If a stamping device is lost or stolen,
the notary public or the personal representative or guardian of
the notary public shall notify the department promptly upon
discovering that the device is lost or stolen.
§ 319. Journal.
(a) Maintenance.--A notary public shall maintain a journal
in which the notary public records in chronological order all
notarial acts that the notary public performs.
(b) Format.--A journal may be created on a tangible medium
or in an electronic format. A notary public may maintain a
separate journal for tangible records and for electronic
records. If the journal is maintained on a tangible medium, it
shall be a bound register with numbered pages. If the journal is
maintained in an electronic format, it shall be in a tamper-
evident electronic format complying with the regulations of the
department.
(c) Entries.--An entry in a journal shall be made
20120HB2275PN3661 - 26 -
contemporaneously with performance of the notarial act and
contain all of the following information:
(1) The date and time of the notarial act.
(2) A description of the record, if any, and type of
notarial act.
(3) The full name and address of each individual for
whom the notarial act is performed.
(4) If identity of the individual is based on personal
knowledge, a statement to that effect.
(5) If identity of the individual is based on
satisfactory evidence, a brief description of the method of
identification and any identification credential presented,
including the date of issuance and expiration of an
identification credential.
(6) The fee charged by the notary public.
(d) Loss or theft.--If a journal is lost or stolen, the
notary public promptly shall notify the department on
discovering that the journal is lost or stolen.
(e) Termination of office.--A notary public shall deliver
the journal of the notary public to the office of the recorder
of deeds in the county where the notary last maintained an
office within 30 days of:
(1) expiration of the commission of the notary public,
unless the notary public applies for a commission within that
time period;
(2) resignation of the commission of the notary public;
or
(3) revocation of the commission of the notary public.
(f) Repository.--(Reserved).
(g) Death or incompetency.--On the death or adjudication of
20120HB2275PN3661 - 27 -
incompetency of a current or former notary public, the personal
representative or guardian of the notary public or a person
knowingly in possession of the journal of the notary public
shall deliver it within 30 days to the office of the recorder of
deeds in the county where the notary last maintained an office.
(g.1) Certified copies.--A notary public shall give a
certified copy of the journal to a person that applies for it.
(h) Protection.--
(1) A journal and each public record of the notary
public are exempt from execution.
(2) A journal is the exclusive property of the notary
public.
(3) A journal may not be:
(i) used by any person other than the notary public;
or
(ii) surrendered to an employer of the notary upon
termination of employment.
§ 320. Notification regarding performance of notarial act on
electronic record; selection of technology.
(a) Selection.--A notary public may select one or more
tamper-evident technologies to perform notarial acts with
respect to electronic records. A person may not require a notary
public to perform a notarial act with respect to an electronic
record with a technology that the notary public has not
selected.
(b) Notice and approval.--
(1) Before a notary public performs the initial notarial
act with respect to an electronic record, a notary public
shall notify the department that the notary public will be
performing notarial acts with respect to electronic records
20120HB2275PN3661 - 28 -
and identify each technology the notary public intends to
use.
(2) If the department has established standards for
approval of technology under section 327 (relating to
regulations), the technology must conform to the standards.
If the technology conforms to the standards, the department
shall approve the use of the technology.
§ 321. Appointment and commission as notary public;
qualifications; no immunity or benefit.
(a) Eligibility.--An applicant for appointment and
commission as a notary public must meet all of the following:
(1) Be at least 18 years of age.
(2) Be a citizen or permanent legal resident of the
United States.
(3) Be a resident of or have a place of employment or
practice in this Commonwealth.
(4) Be able to read and write English.
(5) Not be disqualified to receive a commission under
section 323 (relating to sanctions).
(6) Have passed the examination required under section
322(a) (relating to examination, basic education and
continuing education).
(7) Comply with other requirements established by the
department by regulation as necessary to insure the
competence, integrity and qualifications of a notary public
and to insure the proper performance of notarial acts.
(b) Application.--An individual qualified under subsection
(a) may apply to the department for appointment and commission
as a notary public. The application must comply with all of the
following:
20120HB2275PN3661 - 29 -
(1) Be made to the department on a form prescribed by
the department.
(2) Be accompanied by a nonrefundable filing fee as set <--
forth in section 618-A(1)(i) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929
fee of $42, payable to the Commonwealth of Pennsylvania. This <--
amount shall include the application fee for notary
commission and fee for filing of the bond with the
department.
(3) Bear an endorsement as follows:
(i) Except as set forth in this paragraph, the
endorsement of the senator of the district in which the
applicant resides.
(ii) If the applicant does not reside in this
Commonwealth, the endorsement of the senator of the
district in which the applicant is employed.
(iii) If there is a vacancy in the senatorial
district under subparagraph (i) or (ii), the endorsement
of the senator of an adjacent district.
(c) Oath or affirmation.--Upon appointment and before
issuance of a commission as a notary public, an applicant must
execute an oath or affirmation of office.
(d) Bond.--
(1) Upon appointment and before issuance of a commission
as a notary public, the applicant must obtain a surety bond
in:
(i) the amount of $10,000; or
(ii) the amount set by regulation of the department.
(2) (Reserved).
(3) The bond must:
20120HB2275PN3661 - 30 -
(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.
(d.1) Official signature.--
(1) The official signature of each notary public shall
be registered, for a fee of 50¢, in the "Notary Register"
provided for that purpose in the prothonotary's office of the
county where the notary public maintains an office within:
(i) 45 days after appointment or reappointment; and
(ii) 30 days after moving to a different county.
(2) In a county of the second class, the official
signature of each notary public shall be registered in the
office of the clerk of courts within the time periods
specified in paragraph (1).
(d.2) Recording and filing.--
(1) Upon appointment and prior to entering into the
duties of a notary public, the bond, oath of office and
20120HB2275PN3661 - 31 -
commission must be recorded in the office of the recorder of
deeds of the county in which the notary maintains an office.
(2) Upon reappointment, the bond, oath of office and
commission must be recorded in the office of the recorder of
deeds of the county in which the notary maintains an office.
(3) Within 90 days of recording under this subsection, a
copy of the bond and oath of office must be filed with the
department.
(e) Issuance.--On compliance with this section, the
department shall issue to an applicant a commission as a notary
public for a term of four years.
(f) Effect.--
(1) A commission to act as a notary public authorizes a
notary public to perform notarial acts. If a notary public
fails to comply with subsection (d.1) or (d.2), the notary's
commission shall be null and void.
(2) A commission to act as a notary public does not
provide a notary public any immunity or benefit conferred by
law of this Commonwealth on public officials or employees.
§ 322. Examination, basic education and continuing education.
(a) Examination.--An applicant for a commission as a notary
public who does not hold a commission in this Commonwealth must
pass an examination administered by the department or an entity
approved by the department. The examination must be based on the
course of study described in subsection (b).
(b) Basic education.--An applicant under subsection (a)
must, within the six-month period immediately preceding
application, complete a course of at least three hours of notary
basic education approved by the department. For approval, the
following apply:
20120HB2275PN3661 - 32 -
(1) The course must cover the statutes, regulations,
procedures and ethics relevant to notarial acts, with a core
curriculum including the duties and responsibilities of the
office of notary public and electronic notarization.
(2) The course must either be interactive or classroom
instruction.
(c) Continuing education.--An applicant for renewal of
appointment and commission as a notary public must, within the
six-month period immediately preceding application, complete a
course of at least three hours of notary continuing education
approved by the department. For approval, the following apply:
(1) The course must cover topics which ensure
maintenance and enhancement of skill, knowledge and
competency necessary to perform notarial acts.
(2) The course must either be interactive or classroom
instruction.
(d) Preapproval.--All basic and continuing education courses
of study must be preapproved by the department.
§ 323. Sanctions.
(a) Authority.--The department may deny, refuse to renew,
revoke, suspend, reprimand or impose a condition on a commission
as notary public for an act or omission which demonstrates that
the individual lacks the honesty, integrity, competence or
reliability to act as a notary public. This subsection includes:
(1) Failure to comply with this chapter.
(2) A fraudulent, dishonest or deceitful misstatement or
omission in the application for a commission as a notary
public submitted to the department.
(3) Sentencing of Conviction of, or acceptance of <--
Accelerated Rehabilitative Disposition by, the applicant or
20120HB2275PN3661 - 33 -
notary public of for a felony or an offense involving fraud, <--
dishonesty or deceit.
(4) 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.
(5) 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.
(6) Use of false or misleading advertising or
representation by a notary public representing that the
notary has a duty, right or privilege that the notary does
not have.
(7) Violation by a notary public of a regulation of the
department regarding a notary public.
(8) Denial, refusal to renew, revocation, suspension or
conditioning of a notary public commission in another state.
(9) Failure of a notary public to maintain a bond under
section 321(d) (relating to appointment and commission as
notary public; qualifications; no immunity or benefit).
(a.1) Administrative penalty.--The department may impose an
administrative penalty of up to $1,000 for each violation of
this chapter.
(b) Administrative Agency Law.--Action by the department
under subsection (a) or (a.1) is subject to 2 Pa.C.S. Ch. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and Ch. 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(c) Other remedies.--The authority of the department under
this section does not prevent a person from seeking and
20120HB2275PN3661 - 34 -
obtaining other criminal or civil remedies provided by law.
(d) Investigations and hearings.--
(1) The department may issue a subpoena, upon
application of an attorney responsible for representing the
Commonwealth in disciplinary matters before the department,
for the purpose of investigating alleged violations of the
disciplinary provisions administered by the department.
(2) In an investigation or hearing, the department, as
it deems necessary, may subpoena witnesses, administer oaths,
examine witnesses, take testimony and compel the production
of documents.
(3) The department may apply to Commonwealth Court under
42 Pa.C.S. § 761(a)(2) (relating to original jurisdiction)
to enforce a subpoena under this subsection.
§ 324. Database of notaries public.
The department shall maintain an electronic database of
notaries public:
(1) through which a person may verify the authority of a
notary public to perform notarial acts; and
(2) which indicates whether a notary public has notified
the department that the notary public will be performing
notarial acts on electronic records.
§ 325. Prohibited acts.
(a) No authority.--A commission as a notary public does not
authorize the notary public to:
(1) assist persons in drafting legal records, give legal
advice or otherwise practice law;
(2) act as an immigration consultant or an expert on
immigration matters;
(3) represent a person in a judicial or administrative
20120HB2275PN3661 - 35 -
proceeding relating to immigration to the United States,
United States citizenship or related matters; or
(4) receive compensation for performing any of the
activities listed in this subsection.
(b) False advertising.--A notary public may not engage in
false or deceptive advertising.
(c) Designation.--
(1) Except as set forth in paragraph (2), a notary
public may not use the term "notario" or "notario publico."
(2) Paragraph (1) does not apply to an attorney at law.
(d) Representations.--
(1) Except as set forth in paragraph (2), the following
apply:
(i) A notary public may not advertise or represent
that the notary public may:
(A) assist persons in drafting legal records;
(B) give legal advice; or
(C) otherwise practice law.
(ii) If a notary public advertises or represents
that the notary public offers notarial services, whether
orally or in a record, including broadcast media, print
media and the Internet, the notary public shall include
the following statement, or an alternate statement
authorized or required by the department, in the
advertisement or representation, prominently and in each
language used in the advertisement or representation:
"I am not an attorney licensed to practice law in
this Commonwealth. I am not allowed to draft legal
records, give advice on legal matters, including
immigration, or charge a fee for those activities."
20120HB2275PN3661 - 36 -
(iii) If the form of advertisement or representation
is not broadcast media, print media or the Internet and
does not permit inclusion of the statement required by
this subsection because of size, it shall be displayed
prominently or provided at the place of performance of
the notarial act before the notarial act is performed.
(2) Paragraph (1) does not apply to an attorney at law.
(e) Original records.--Except as otherwise allowed by law, a
notary public may not withhold access to or possession of an
original record provided by a person that seeks performance of a
notarial act by the notary public.
(f) Crimes Code.--There are provisions in 18 Pa.C.S.
(relating to crimes and offenses) which apply to notaries.
§ 326. Validity of notarial acts.
(a) Failures.--Except as otherwise provided in section
304(b) (relating to authority to perform notarial act), the
failure of a notarial officer to perform a duty or meet a
requirement specified in this chapter does not invalidate a
notarial act performed by the notarial officer.
(b) Invalidation.--The validity of a notarial act under this
chapter does not prevent an aggrieved person from seeking to
invalidate the record or transaction which is the subject of the
notarial act or from seeking other remedies based on Federal law
or the law of this Commonwealth other than this chapter.
(c) Lack of authority.--This section does not validate a
purported notarial act performed by an individual who does not
have the authority to perform notarial acts.
§ 327. Regulations.
(a) Authority.--The department may promulgate regulations to
implement this chapter. Regulations regarding the performance of
20120HB2275PN3661 - 37 -
notarial acts with respect to electronic records may not
require, or accord greater legal status or effect to, the
implementation or application of a specific technology or
technical specification. Regulations may include:
(1) Prescribe the manner of performing notarial acts
regarding tangible and electronic records.
(2) Include provisions to ensure that any change to or
tampering with a record bearing a certificate of a notarial
act is self-evident.
(3) Include provisions to ensure integrity in the
creation, transmittal, storage or authentication of
electronic records or signatures.
(4) Prescribe the process of granting, renewing,
conditioning, denying, suspending or revoking a notary public
commission and assuring the trustworthiness of an individual
holding a commission as notary public.
(5) Include provisions to prevent fraud or mistake in
the performance of notarial acts.
(6) Establish the process for approving and accepting
surety bonds under section 321(d) (relating to appointment
and commission as notary public; qualifications; no immunity
or benefit).
(7) Provide for the administration of the examination
under section 322(a) (relating to examination, basic
education and continuing education) and the course of study
under section 322(b).
(b) Considerations.--In promulgating regulations about
notarial acts with respect to electronic records, the department
shall consider, so far as is consistent with this chapter:
(1) the most recent standards regarding electronic
20120HB2275PN3661 - 38 -
records promulgated by national bodies, such as the National
Association of Secretaries of State;
(2) standards, practices and customs of other states
which substantially enact the Revised Uniform Law on Notarial
Acts; and
(3) the views of governmental officials and entities and
other interested persons.
§ 328. Notary public commission in effect.
A commission as a notary public in effect on the effective
date of this chapter continues until its date of expiration. A
notary public who applies to renew a commission as a notary
public on or after the effective date of this chapter is subject
to this chapter. A notary public, in performing notarial acts
after the effective date of this chapter, shall comply with this
chapter.
§ 329. Savings clause.
This chapter does not affect the validity or effect of a
notarial act performed before the effective date of this
chapter.
§ 329.1. Fees of notaries public.
(a) Department.--The fees of notaries public shall be fixed
by the department by regulation.
(b) Prohibition.--A notary public may not charge or receive
a notary public fee in excess of the fee fixed by the
department.
(c) Operation.--
(1) The fees of the notary shall be separately stated.
(2) A notary public may waive the right to charge a fee.
(3) Unless paragraph (2) applies, a notary public shall:
(i) display fees in a conspicuous location in the
20120HB2275PN3661 - 39 -
place of business of the notary public; or
(ii) provide fees, upon request, to a person
utilizing the services of the notary public.
(d) Presumption.--The fee for a notary public:
(1) shall be the property of the notary public; and
(2) unless mutually agreed by the notary public and the
employer, shall not belong to or be received by the entity
that employs the notary public.
§ 330. Uniformity of application and construction.
In applying and construing this chapter, consideration must
be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
§ 331. Relation to Electronic Signatures in Global and National
Commerce Act.
To the extent permitted by section 102 of the Electronic
Signatures in Global and National Commerce Act (Public Law
106-229, 15 U.S.C. § 7002), this chapter may modify or supersede
provisions of that act.
Section 3. The following acts and parts of acts are <--
repealed:
(1) Act of May 24, 1917 (P.L.270, No.147), entitled "An
act to validate affidavits, acknowledgments, and other
notarial acts, heretofore performed by notaries public of
this Commonwealth within three months after the expiration of
the time for which they have been commissioned to act."
(2) Act of March 14, 1919 (P.L.18, No.9), entitled "An
act conferring upon judge advocates of the United States Army
the powers of notaries public, declaring the effect thereof;
validating notarial acts heretofore performed by judge
advocates, and declaring the effect thereof."
20120HB2275PN3661 - 40 -
(3) Act of June 1, 1933 (P.L.1150, No.286), entitled "A
supplement to an act, approved May sixth, one thousand nine
hundred and thirty-one (Pamphlet Laws, ninety-nine), entitled
'An act to amend section seven of the act, approved the fifth
day of March, one thousand seven hundred and ninety-one
(three Smith's Laws, six), entitled "An act to enable the
Governor to appoint Notaries Public, and for other purposes
therein mentioned," prescribing the form of notary seal,' by
providing that the presence of the arms of this Commonwealth
on the seal of a notary public reappointed after the
effective date of the act to which this is a supplement, and
prior to the effective date of this act, shall not invalidate
said seal, or the notarial acts, instruments or attestations
authenticated by such seal."
(4) Act of May 25, 1939 (P.L.223, No.125), entitled "An
act relating to the administration of oaths, by notaries
public, magistrates, alderman and justices of the peace; and
validating certain oaths heretofore taken."
(5) Act of July 24, 1941 (P.L.490, No.188), known as the
Uniform Acknowledgment Act.
(6) Act of July 28, 1953 (P.L.676, No.211), entitled "An
act authorizing acknowledgments and affidavits by persons on
active duty with the armed forces of the United States before
persons authorized by act of Congress to act as notaries
public; and validating certain acknowledgments and
affidavits."
(7) Act of August 19, 1953 (P.L.1104, No.301), entitled
"An act relating to the acknowledgment of instruments, the
attestation of documents, the administration of oaths and
affirmations, the execution of depositions and affidavits,
20120HB2275PN3661 - 41 -
and other notarial acts, heretofore or hereafter taken before
any commissioned officer of the armed forces of the United
States, and providing that such instruments and documents
executed by any person who is a member of or actually present
with the armed forces of the United States or is outside the
United States for certain purposes shall be legal, valid and
binding, and providing for the form of the instrument or
document and what proof shall be sufficient of the authority
of such commissioned officer so to act."
(8) Act of act of August 21, 1953 (P.L.1323, No.373),
known as The Notary Public Law.
(9) Act of December 13, 1955 (P.L.848, No.251), entitled
"An act providing for the revocation of commission of
notaries public issuing checks without funds on deposit."
Section 3. Repeals are as follows: <--
(1) The General Assembly declares the repeals under
paragraph (2) are necessary to effectuate the addition of 57
Pa.C.S. Ch. 3.
(2) The following acts and parts of acts are repealed:
(i) Act of May 24, 1917 (P.L.270, No.147), entitled
"An act to validate affidavits, acknowledgments, and
other notarial acts, heretofore performed by notaries
public of this Commonwealth within three months after the
expiration of the time for which they have been
commissioned to act."
(ii) Act of March 14, 1919 (P.L.18, No.9), entitled
"An act conferring upon judge advocates of the United
States Army the powers of notaries public, declaring the
effect thereof; validating notarial acts heretofore
performed by judge advocates, and declaring the effect
20120HB2275PN3661 - 42 -
thereof."
(iii) Section 618-A(1)(i) of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code
of 1929.
(iv) Act of June 1, 1933 (P.L.1150, No.286),
entitled "A supplement to an act, approved May sixth, one
thousand nine hundred and thirty-one (Pamphlet Laws,
ninety-nine), entitled 'An act to amend section seven of
the act, approved the fifth day of March, one thousand
seven hundred and ninety-one (three Smith's Laws, six),
entitled "An act to enable the Governor to appoint
Notaries Public, and for other purposes therein
mentioned," prescribing the form of notary seal,' by
providing that the presence of the arms of this
Commonwealth on the seal of a notary public reappointed
after the effective date of the act to which this is a
supplement, and prior to the effective date of this act,
shall not invalidate said seal, or the notarial acts,
instruments or attestations authenticated by such seal."
(v) Act of May 25, 1939 (P.L.223, No.125), entitled
"An act relating to the administration of oaths, by
notaries public, magistrates, alderman and justices of
the peace; and validating certain oaths heretofore
taken."
(vi) The act of July 24, 1941 (P.L.490, No.188),
known as the Uniform Acknowledgment Act.
(vii) Act of July 28, 1953 (P.L.676, No.211),
entitled "An act authorizing acknowledgments and
affidavits by persons on active duty with the armed
forces of the United States before persons authorized by
20120HB2275PN3661 - 43 -
act of Congress to act as notaries public; and validating
certain acknowledgments and affidavits."
(viii) Act of August 19, 1953 (P.L.1104, No.301),
entitled "An act relating to the acknowledgment of
instruments, the attestation of documents, the
administration of oaths and affirmations, the execution
of depositions and affidavits, and other notarial acts,
heretofore or hereafter taken before any commissioned
officer of the armed forces of the United States, and
providing that such instruments and documents executed by
any person who is a member of or actually present with
the armed forces of the United States or is outside the
United States for certain purposes shall be legal, valid
and binding, and providing for the form of the instrument
or document and what proof shall be sufficient of the
authority of such commissioned officer so to act."
(ix) Act of August 21, 1953 (P.L.1323, No.373),
known as The Notary Public Law.
(x) Act of December 13, 1955 (P.L.848, No.251),
entitled "An act providing for the revocation of
commission of notaries public issuing checks without
funds on deposit."
Section 3.1. The fee of $25 for a Notary Public Commission
and the $2 fee for Filing Bond for any Public Office in 4 Pa.
Code § 161.1 are abrogated.
Section 4. Upon approval of courses under 57 Pa.C.S. §
322(b) and (c), the Department of State shall transmit notice of
the approval to the Legislative Reference Bureau for publication
in the Pennsylvania Bulletin.
Section 5. This act shall take effect as follows:
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(1) The following provisions shall take effect
immediately:
(i) The authority of the Department of State to
approve courses under 57 Pa.C.S. § 322(b) and (c).
(ii) Section 4 of this act.
(iii) This section.
(2) The remainder of this act shall take effect 180 days
after publication of the notice under section 4 of this act.
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