Section 7: Duties of a Notary Public

Notaries are authorized by commission to perform these basic duties as long as they meet the following requirements which are the individual being present or personally known, the signature of the individual is verified to be the same signature on the identification produced, determined in the case of a certified copy, that the copy is a complete and accurate transcription of the original record or item.
  • Take acknowledgments;
  • Administer oaths and affirmations;
  • Take a verification on oath or affirmation (this includes affidavits)
  • Witness or attest a signature
  • Certify or attest a copy or deposition; and
  • Note a protest of a negotiable instrument.
Any person who is convicted of having wilfully and knowingly made or taken a false oath, affirmation, deposition, affidavit, certification or acknowledgment before any notary in any matters within the notary’s official duties shall be guilty of perjury and subject to criminal penalties. Notaries are not authorized to perform notarial acts authorized by chapter 3 of Title 57 outside the boundaries of the Commonwealth of Pennsylvania or in other states/jurisdictions unless they have been authorized to do so in that state or jurisdiction.

Whenever performing a notarial act remember to always use the legal name as it appears on your current commission and oath of office, even if your name has recently been legally changed. Your initials or nicknames are not accepted as part of the signature required upon performing a notarial act nor as part of your initial application.

Notaries are public officials who are appointed to serve the public. Every attempt must be made to fulfill a lawful and reasonable request for notarization, even if the notary personally disagrees with the content of the document. It is not the notary’s job to judge. It is the notary’s job to notarize as an impartial witness – without prejudice. If, however, illegal activity is suspected, do not notarize.

Notaries may not refuse to provide their notarial services based on a customer’s race, color, national origin, religion, sexual orientation, gender identity (including pregnancy), disability or marital status.

However, a notary may refuse to perform a notarial act if:
  • the notary deems the individual is incompetent,
  • that the individuals signature is involuntarily made,
  • if the signature on the forms do not match the signature on the appropriate identification and,
  • the signer is not physically present.
Notaries noting a protest of a negotiable instrument must identify the negotiable instrument, and certify whether the presentment has been made, or if not made, specify the reason why it was not. A statement must be made indicating also whether the instrument was dishonoured by nonacceptance or non-payment. A protestor must appear personally before the notary and be identified in the protest as the holder of the dishonored negotiable instrument. As with many notarial acts, the notary needs a personal knowledge or satisfactory evidence of the individual’s identity requesting the protest.

On top of their basic duties, a notary public has a duty of candor to the Department in anything relating to the appointment and commission of the notary, and their performance of notarial acts, which extends to any request for information made by the department, and includes the notary’s application for appointment or reappointment.

Because a notary commission is granted to a specific individual, a notary public is not authorized to grant notarial authority to anyone else. It is expressly prohibited to permit anyone from the use of a notary public commission which was granted to another person. A notary has a responsibility to ensure that their seal is safeguarded always. A notarial officer must be able to communicate directly with the individual for whom a notarial act is being performed in a language they both understand or indirectly through an interpreter who is physically present with both the signer and notary at the time of the notarization, and communicates directly with both parties in a language the interpreter understands. In which case, the certificate of the notarial act must be worded and completed using only letters, characters, and a language that is read, written and understood by the notarial officer. If a notarial document is translated from another document in a language the notarial officer does not understand then they may do so only if the translator signs a verification on oath or affirmation stating that the translation is both accurate and complete. The notarized translation and verification will be attached to the document.

A notary must be able to demonstrate that he or she has taken every realistic precaution to exercise reasonable care during the performance of notarial duties.

If the notary adheres to the following recommendations, he or she will be able to demonstrate reasonable care in the performance of notarial duties.
  • Every signer must personally appear before the notary.
  • Personal appearance does not include the use of video technology or live streaming nor an appearance through audio technology.
  • Every signer must be properly identified, and the notary must be able to see, hear, communicate with, and exchange identification documents with the signer without the use of electronic devices such as telephones. Computers, video cameras, or facsimile machines.
  • Make certain the signer understands the document he or she is signing.
  • Verify the signature with the means produced for identification, matching signatures.
  • Scan the document for blank spaces which might indicate an incomplete document (notaries should not notarize blank or incomplete documents).
  • Verify the date on the document (the date should never be AFTER the date of actual notarization).
  • Complete the journal entry.
  • Verify the correct notarial wording is present on the document (i.e., acknowledgment or affidavit).
  • Verify the venue - State and county.
  • Sign the document as notary public and properly affix the notary seal.
A notary's authority extends to all counties in the Commonwealth and notarizations may take place at any location within the Commonwealth. Certifications, Apostilles, and the Authentication of Documents

On October 5, 1961, representatives from a group of nations met at The Hague in Holland to discuss various issues pertaining to international law. Out of that meeting came an international treaty known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. More than 60 countries have joined the Convention, including the United States.

When a Pennsylvania notary public notarizes a document that will be filed in another country, the notary may be asked for proof of notary public appointment. Depending upon the requirements of the particular country, verification may be obtained from the Secretary of the Commonwealth.

Documents being sent to another country not participating in the Hague Convention may also require certification. In that case, a certification is issued by the Secretary of State.

Documents that are notarized and sent to another country require verification of the official’s capacity prior to acceptance by the receiving country. The Hague Convention agreement simplifies the process by allowing the attachment of a single verifying certificate called an apostille (a French word meaning "note"). The apostille entitles the document to full recognition in the country of intended use, and no further authentication or legalization by the Embassy or Consulate of that country is required. An apostille prescribed by the Hague Convention and issued by a foreign state party to the Hague Convention establishes that the signature of a notarial officer is genuine and that the notarial officer holds the office indicated,

When the Department of State certifies a document with an apostille, the department verifies that the person who signed the document is a Pennsylvania official and the Secretary of the Commonwealth has given "full faith and credit" to the official's seal and signature.

An apostille is only recognized by countries who have signed the Convention of the Hague. For those countries who are not signatories, a certification can be attached. Common uses of an apostille or certification are for adoptions, international business transactions, foreign study, dual citizenship, patents, and for documents used in international relations.

The Secretary of the Commonwealth also provides authentication of public officials' signatures on documents. If the document is to be used outside the United States, the country of destination determines whether the authentication is an apostille or certification. The apostille and other verifications are prepared by the Secretary of the Commonwealth for a $15.00 fee.

A notary public is not responsible for requesting an apostille or a certificate of notarial authority. Rather, the person who signed the document or the document bearer may request authentication of documents and it is the signer's responsibility to arrange payment for the apostille.

Questions concerning apostilles or certifications may be directed to the Pennsylvania Department of State, Bureau of Commissions, Elections and Legislation.

Notary and Employer Liability

Although as a notary you are bonded, you may be held personally liable for any misconduct or negligence in the performance of your official duties. This means that you could be sued if an improper notarization causes loss to another individual or company. However, if you perform your duties correctly and carefully, always exercising reasonable care, you probably don't have to worry about being sued.

"Reasonable care" is that degree of care which a person of ordinary prudence and intelligence would exercise in the same or similar circumstances. Failure to exercise such care is negligence.

The best protection against a lawsuit or a claim filed against your notary bond is simple.
  • Know the laws governing your duties.
  • Use reasonable care in notarizing.
  • Don't make any exceptions.
  • Keep accurate records.
While whoever holds a notary commission is responsible for exercising the duties and responsibilities of the notary commission, an employer, pursuing an agreement with an employee who is or seeks to become a notary public, can pay for the education, testing, application or bond and the cost of any stamps, seals, or other supplies required about the appointment, commission, or performance of the duties of such notary public.

In such a case, the agreement may also provide for the remission of fees collected by such notary public to the employer, for the increased compensation of the notary public for notary fees collected and for reimbursement of the costs of obtaining a commission should the employee or employer terminate the employment.

An employer in such a relationship can limit, during the course of your employment, the providing of notarial services solely to transactions directly associated with the employer’s business.

Notary Fees

A notary public may not receive any fee for performing notarial acts other than the notary fee as permitted by law. The notary may elect to charge no fee or an amount that is less than the maximum amount prescribed by law. The charging of a fee and the amount of the fee charged is at the discretion of the notary public or the notary public’s employer provided it does not exceed the maximum fees.

Notary public fees are fixed by the Secretary of the Commonwealth. A notary public may not charge, attempt to charge, or receive a fee that is in excess of the notary public fees fixed by the Secretary of the Commonwealth.

Fees charged for the following notary services must not exceed the following specified amounts:
  • Acknowledgment – $5 (first signature); $2.00 (each additional signature)
  • Administering an oath or affirmation – $5.00
  • Verification upon oath or affirmation – $5.00, no matter how many signatures
  • Witnessing or attesting a signature - $5.00 (per signature)
  • Certifying or attesting copy or deposition – $5.00/copy
  • Noting protest of a negotiable instrument – $3.00/page


A notary is also permitted to charge administrative or clerical fees for certain services related to a notarial act if the charges are reasonable and the customer is appropriately informed before each service is performed. Services may include postage, making copies, travel or telephone calls.

All fees charged by a notary public must be listed upon an itemized receipt provided to the customer and must be placed in a conspicuous place in the business location of the notary, or provide the fees upon requested. Also, any fees collected by the notary are property of the notary unless the notary’s employer paid for the notary commission. The employer and notary may mutually agree on the amount he/she can keep and share with the employer. Of course, a notary may always waive their right to charge a fee.

Change of Address

Notaries are required to keep their home and business addresses updated. The Secretary of the Commonwealth and the recorder of deeds of the county of appointment must be notified in writing of any change in the notary’s principal place of business or residence within thirty (30) days of the change. If the new office is in a different county, the notary public's signature must be registered with the prothonotary of the new county within 30 days. In counties of the second class the signature shall also be registered in the proper office of the clerk of court.

The notary public’s change of address may be submitted in writing to the Bureau of Commissions, Elections and Legislation.

Legal Name Change

The notary must send, in writing, a notification of any legal name change to the Department of State and recorder of deeds for the county in which the notary maintains an office. This notification must occur within 30 days of the change.

While pending the notary can continue to perform official acts under the name they were originally commissioned until the expiration of their term. An application for reappointment of such a notary must be made in the new name.

The commission name and signature should not incorporate titles, such as Dr., Mrs., or Ms. Once you make application for a change of name, you may continue notarizing in your former name until your commission expires. Your commission number and expiration date will remain the same.

The notary public's new signature must be registered with the prothonotary and the office of Recorder of Deeds, and a new rubber stamp seal with the new name must be purchased if you choose to use the new name prior to the expiration of your current commission.

Applications for reappointment must be made in the new name. There is no charge for the this and the forms can be found at: https://www.notaries.pa.gov/Pages/NotaryChangeApplication.aspx

Resigning or Relinquishing Your Appointment

A notary public who vacates his/her office by removing the notary’s residence and business address from the Commonwealth constitutes a resignation from the office of notary public as of the date of removal. A notary public who resigns their commission must notify the Secretary of the Commonwealth in writing of the effective date of resignation, providing the notary public’s name as commissioned.

The resigning notary’s journal and all other public papers must be delivered to the office of the recorder of deeds of the county in which the notary maintained their address, within 30 days of resignation. The resigning notary’s rubber stamp seal must be destroyed or defaced in the prescribed manner.

In the case of the death of a notary public, it is the responsibility of the personal representative of the deceased notary to notify the Bureau of Commissions, Elections and Legislation of the notary’s death. The personal representative must also deliver all notarial records and papers of the deceased notary within 30 days to the office of the recorder of deeds in the county in which the notary maintained his/her principal place of business. The personal representative must also destroy or deface the stamp seal in the prescribed manner.
Section Review

1.   The charging of a fee and the amount of the fee charged is at the discretion of the notary public or the notary public’s employer provided:
  It is preprinted and displayed in a prominent location.
  The fees are consistent and not discriminatory.
  It does not exceed the maximum fees stated by law.
  The company is a state, city, county or public school district organization.

2.   The resigning notary’s journal and all other public papers must be delivered to the office of the recorder of deeds of the county in which the notary maintained their address, within _______ days.
  5 days
  10 days
  15 days
  30 days

3.   The maximum fee that can be charged by a notary public for acknowledgments, affidavits, oaths, and affirmations is ________.
  $2.00
  $3.00
  $5.00
  $10.00

4.   The Secretary of the Commonwealth must be notified in writing of any change in the notary’s principal place of business or residence within _______ after the change.
  5 days
  10 days
  15 days
  30 days

5.   If a notary public changes his/her place of business address to a new county, the notary public's signature must be registered with the prothonotary of the new county within:
  5 days
  10 days
  30 days
  45 days

6.   The Secretary of the Commonwealth and the recorder of deeds of the county of appointment must be notified in writing of any change in the notary’s legal name within _______ of the change.
  5 days
  10 days
  30 days
  45 days

7.   A resigning notary public's journal and all other public papers must be delivered to the office of the recorder of deeds of the county in which the notary maintained their business or residence address within:
  5 days
  10 days
  30 days
  45 days

8.   A notary's authority extends to all counties in the Commonwealth and notarizations may take place at any location within the Commonwealth.
  True
  False

9.   When a notary changes his/her legal name, the new commission name and signature can incorporate titles, such as Dr., Mrs., or Ms.
  True
  False

10.   The personal representative must also deliver all notarial records and papers to the Department of State, Bureau of Commissions, Elections and Legislation within _______ after the date of the notary public's death.
  30 days
  45 days
  60 days
  90 days