THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GRELL, AUMENT, CLYMER, CREIGHTON, CUTLER, ELLIS, FABRIZIO, GEIST, HENNESSEY, MILLER, MILNE AND ROCK, MARCH 26, 2012

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 26, 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 related

repeals.

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:

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

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

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 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

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.

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.

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.

"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

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

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.

"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.

"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

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

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.

(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.

(3)  A recorder of deeds or deputy recorder of deeds.

(4)  A notary public.

(5)  A magisterial district judge.

(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)

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

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

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.

(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.

(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

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),

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

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)

                                                       .

Signature of notarial officer                         

Stamp

Title of office                                        

My commission expires:                                 

(2.1)  For an acknowledgment by an attorney at law:

State of                                               

County of                                              

This record was acknowledged before me on

(date)                            

by (name of attorney)                           

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)                            

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.

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

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

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

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

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:

(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,

payable to the Commonwealth of Pennsylvania.

(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:

(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

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:

(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 the applicant or notary public of 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

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

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."

(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

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