Pennsylvania Notary Requirements

57 Pa.C.S. § 307 (Identification of individual). (a) Personal knowledge.-- A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial 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 notarial officer if the notarial 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 notarial officer. (2) By a verification on oath or affirmation of a credible witness personally appearing before the notarial officer and personally known to the notarial officer. (c) Discretion.--A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual. 4 Pa. Code § 167.43 (Identification of individual - satisfactory evidence). (a) General. (1) For purposes of 57 Pa.C.S. 307(b)(1)(i), a passport, driver's license or government-issued nondriver identification card include: (i) a US Department of State passport/passport card or electronic equivalent, current and unexpired; (ii) a FOREIGN government passport or electronic equivalent, current and unexpired, provided it uses letters, characters and a language read, written and understood by the notary; (iii) a US state driver's license or nondriver ID or electronic equivalent, current and unexpired; (iv) a FOREIGN government driver's license or nondriver ID or electronic equivalent, current and unexpired, provided it uses letters, characters and a language read, written and understood by the notary. (2) For purposes of 57 Pa.C.S. 307(b)(1)(ii), other forms of government identification that are current, contain the signature or photograph of the individual and are satisfactory may include: (i) an identification card issued by any branch of the United States Armed Forces; (ii) an inmate identification card issued by the Department of Corrections for an inmate currently in the custody of the Department of Corrections; (iii) an identification card issued by the United States Department of Homeland Security; (iv) a Social Security card; (v) a Pennsylvania State university or State-related university identification card; (vi) a Pennsylvania medical marijuana identification card; (vii) a consular identification document issued by a consulate from the individual's country of citizenship, provided it uses letters, characters and a language read, written and understood by the notary. (b) Credible witness: for 57 Pa.C.S. 307(b)(2), the credible witness must appear contemporaneously with the individual, be personally known to the notary, personally know the individual, have no direct or pecuniary interest, and make a verification on oath or affirmation to those facts.

57 Pa.C.S. § 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 shall promptly notify the department. (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 public last maintained an office within 30 days of expiration, resignation, or revocation of the commission. (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 shall deliver it within 30 days to the office of the recorder of deeds in the county where the notary public 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 used by any person other than the notary public or surrendered to an employer of the notary public upon termination of employment.

4 Pa. Code § 167.31 (Identification of notary public in journal): (a) Each journal, whether tangible or electronic, must contain: (1) the notary public's name as it appears on the commission, commission number, commission expiration date, office address and signature; (2) a statement that, in the event of the death or incompetency of the notary public, the journal shall be delivered within 30 days to the office of the recorder of deeds in the county where the notary public last maintained an office; and (3) the meaning of any not commonly abbreviated word or symbol used in recording a notarial act.

4 Pa. Code § 167.32 (Journal entries): (a) Journal entry requirements. The requirements for journal entries are set forth in 57 Pa.C.S. § 319(c) (relating to journal). (b) Separate entries. Each notarial act must be indicated as a separate entry in the journal. Blank lines between journal entries must be stricken. (c) Blank spaces within entries. Each entry in a journal shall be completed fully, with no blank spaces or boxes. (d) Prohibited entries. A journal may not contain any personally identifiable information about an individual appearing before the notary public. As used in this subsection, "personally identifiable information" includes any of the following: (1) Information about an individual that can be used to distinguish or trace an individual's identity, such as any part of a Social Security number, full driver's license number or government-issued nondriver identification card number, date and place of birth, mother's maiden name or biometric records. (2) Other information that is linked or linkable to an individual, such as medical, educational, financial and employment information. (e) Optional entries. A journal may contain any of the following: (1) The signature of the individual for whom the notarial act is performed and any additional information about a specific transaction that might assist the notary public to recall the transaction, including the date of the record. (2) Terminal numbers of identification credentials, including the last four digits of a driver's license or passport. (f) Fees. When documenting notarial fees in the journal, each fee charged must correspond to the notarial act performed. If a notary public waives the right to charge a fee, the notary public shall indicate this fact in the journal entry using notations such as "n/c" (no charge), "0" (zero) or "-" (dash).

4 Pa. Code § 167.33 (Format of journal maintained on a tangible medium): (1) The cover and pages inside the cover must be bound together by any binding method designed to prevent the insertion, removal or substitution of the cover or a page. This includes smyth sewing or stitching, glue, staples, grommets or another permanent binding, but does not include the use of tape, paperclips or binder clips. (2) Each page must be consecutively numbered from the beginning to the end of the journal. Page numbers must be preprinted. (3) Each entry must be consecutively numbered, either within each page or from the beginning to the end of the journal. Entry numbers must be preprinted.

4 Pa. Code § 167.34 (Format of journal maintained in an electronic format): (a) In addition to format requirements set forth in 57 Pa.C.S. § 319(b) (relating to journal), a journal maintained in an electronic format must be tamper evident. The notary public must ensure all of the following: (1) A journal maintained in an electronic format is designed to prevent the insertion between existing entries, removal of an entry or substitution of an entry. (2) Each entry must be consecutively numbered from the beginning to the end of the journal. (3) A journal maintained in electronic format is securely stored and recoverable in the event of a hardware or software malfunction. (4) The journal is available in a portable document format (PDF) upon request. (5) If a signature is contained in an electronic journal entry, the signature must be all of the following: (i) Attached to or logically associated with the electronic notarial journal entry. (ii) Linked to the data in a manner so that any subsequent alterations to the electronic journal entry are detectable. (b) A journal maintained in electronic format which is delivered to the office of the recorder of deeds in compliance with 57 Pa.C.S. § 319(e) and (g) must be delivered in PDF or other industry-standard readable format prescribed by the receiving recorder of deeds.

4 Pa. Code § 167.35 (Custody and control): (a) A notary public shall maintain custody and control of the journal at all times during the duration of the commission. The journal is the exclusive property of the notary public. The notary public shall keep the journal in a secure location and accessible only to the notary public. (b) Notification of loss or theft shall be made in writing or by email to the department within 15 days after discovery.

4 Pa. Code § 167.36 (Inspection and certified copies of journal): (a) Inspection. A notary public shall permit inspection of the journal to any person requesting to view the journal. The request for inspection may be oral or in writing. The inspection shall occur in the presence of the notary public. (b) Certified copies. Requests for certified copies of the journal made in accordance with 57 Pa.C.S. § 319(g.1) (relating to journal) may be oral or in writing and shall specify the particular entry or time period sought. The notary public shall provide the certified copy within 15 days of receipt of the request.

57 Pa.C.S. § 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 public 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 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.

4 Pa. Code § 167.3 (Fees): (a) The maximum fees that notaries public may charge for notarial acts may not exceed: Taking acknowledgement (per name of first individual making acknowledgment in certificate) $5; Taking acknowledgement (per each additional name in same certificate) $2; Administering oath or affirmation (per individual taking oath or affirmation) $5; Taking verification on oath or affirmation (per individual making declaration) $5; Witnessing or attesting a signature (per signature) $5; Certifying or attesting a copy or deposition (per certified copy) $5; Noting a protest of a negotiable instrument (per page) $3. (c) A notary public shall provide an itemized receipt for all fees charged by the notary public. (d) A notary public may not charge any fee under subsection (a) for notarizing the supporting affidavit required in an Emergency Absentee Ballot or the affidavit of a person needing assistance to vote using an absentee ballot. (e) A notary public may not charge a fee under subsection (a) when other applicable law dictates that no fee may be charged. For example, see 51 Pa.C.S. § 9101 (relating to acknowledgments and administering oaths without charge).