Section 11: Electronic and Remote Notarization in Pennsylvania
(57 Pa.C.S. §§ 301–330)
Pennsylvania notaries public may perform notarial acts using electronic technology in accordance with the Revised Uniform Law on Notarial Acts (RULONA), 57 Pa.C.S. §§ 301–330, as amended, including Act 97 of 2020.
There are two authorized methods:
-
Electronic Notarization (e-Notarization)
-
Remote Online Notarization (RON)
While the format of the document or the location of the signer may differ, the legal duties of the notary public do not change. All statutory requirements remain fully applicable.
Part I – Electronic Notarization (e-Notarization)
A. Legal Authority
Electronic notarization is authorized under RULONA and the Pennsylvania Uniform Electronic Transactions Act (UETA).
Under 57 Pa.C.S. § 306, a notarial act requires personal appearance before the notary. For electronic notarization, this requirement remains unchanged.
B. Definition
Electronic notarization is the performance of a notarial act with respect to an electronic record where:
-
The signer is physically present before the notary; and
-
The notary applies an electronic signature and electronic official stamp using Department-approved tamper-evident technology.
Electronic notarization is not remote notarization.
The signer must be physically present in the same location as the notary.
C. Electronic Records and Signatures
Under RULONA:
-
An electronic record is information stored in an electronic medium that is retrievable in perceivable form.
-
An electronic signature is an electronic symbol, sound, or process attached to or logically associated with a record and executed with the intent to sign the record.
Many electronic notarization systems use digital signatures based on Public Key Infrastructure (PKI) to ensure authenticity, integrity, and non-repudiation.
The notary is not required to understand the technical encryption process but must use a solution approved by the Pennsylvania Department of State.
D. Requirements for Electronic Notarization
All statutory requirements apply:
-
An Personal Appearance – Required under § 306.
-
An Identification – Under § 307, the notary must identify the signer by:
-
Personal knowledge, OR
-
Satisfactory evidence (government-issued ID), OR
-
Credible witness.
-
Willingness – The signer must not be under duress.
-
Awareness and Competence – The signer must understand the transaction.
-
Proper Certificate – Must comply with § 315.
-
Journal Entry – Required under § 319.
Electronic notarization changes the medium, not the legal standards.
Part II – Remote Online Notarization (RON)
A. Legal Authority
Remote notarization is authorized under 57 Pa.C.S. § 306.1, added by Act 97 of 2020.
Under § 306.1, personal appearance may be satisfied through communication technology if statutory requirements are met.
B. Location Requirements
For a valid remote notarization:
-
The notary must be physically located in Pennsylvania at the time of the notarization.
-
The notarial certificate must indicate the Pennsylvania county where the notary is located.
The remotely located individual may be:
-
In Pennsylvania;
-
In another U.S. state or territory; or
-
Outside the United States, provided that:
-
The record is to be filed with or relates to a matter before a U.S. court or governmental entity; OR
-
The record relates to property located in the United States; OR
-
The record relates to a transaction substantially connected with the United States; AND
-
The act is not prohibited by the law of the foreign jurisdiction.
These requirements are set forth in § 306.1.
C. Approved Communication Technology
Under § 306.1 and Department regulations:
The notary must use communication technology that:
-
Allows simultaneous sight and sound interaction;
-
Allows identity verification as required by § 307;
-
Is tamper-evident;
-
Creates an audio-visual recording of the entire notarial act; and
-
Retains the recording for at least 10 years.
Standard video conferencing platforms (such as Zoom, Skype, or FaceTime) alone do not satisfy statutory requirements unless incorporated within a Department-approved remote notarization platform.
Only technology vendors approved by the Pennsylvania Department of State may be used.
D. Identity Verification – Remote Notarization
Under §§ 306.1 and 307, the notary must identify the remotely located individual by:
-
Personal knowledge; OR
-
Credible witness; OR
-
At least two different identity-proofing processes or services, which may include:
-
Knowledge-Based Authentication (KBA),
-
Credential analysis,
-
Biometric verification.
If the remotely located individual fails the identity proofing process, the notary must refuse to perform the notarial act.
E. Audio-Visual Recording Requirement
Under § 306.1:
-
The notary must ensure the entire remote notarization is recorded.
-
The recording must capture all interactions between the notary and the remotely located individual.
-
The recording must be retained by the notary or a person acting on the notary’s behalf for at least 10 years.
Failure to retain required recordings may subject the notary to disciplinary action.
F. Notarial Certificate Requirements
Under § 315, all notarial certificates must:
-
Be executed contemporaneously with the act;
-
Be signed and dated;
-
Identify the county and Commonwealth where performed;
-
Contain the title “Notary Public.”
For remote notarizations, § 320(c) requires the certificate to state:
“This notarial act involved the use of communication technology.”
Failure to include this statement renders the certificate noncompliant.
Journal Requirements (All Notarizations)
Under 57 Pa.C.S. § 319, a notary public must maintain a journal of all notarial acts performed.
This requirement applies to:
-
Traditional notarizations
-
Electronic notarizations
-
Remote notarizations
The journal may be:
-
A tangible journal, OR
-
An electronic journal in a tamper-evident format.
Separate journals may be maintained for tangible and electronic records.
Authorization to Perform Electronic or Remote Notarization
Before performing electronic or remote notarizations, a notary must:
-
Hold a current and unrestricted Pennsylvania commission.
-
Submit the Electronic/Remote Notary Application through www.notaries.pa.gov.
-
Receive approval from the Office of Notaries, Commisisons and Legislation.
-
Select an approved electronic/remote technology provider.
-
Obtain the technology directly from the vendor.
-
Ensure the vendor notifies the Department that authorization has been issued.
A notary may not perform electronic or remote notarizations until:
-
Department approval is granted; AND
-
The selected vendor has notified the Department.
The notary will appear as “e-notary capable” in the Department’s public database once authorized.
Authorization expires at the end of the notary’s four-year commission or upon expiration of the selected technology, whichever occurs first.
Bond and Insurance
-
No additional bond beyond the required $25,000 surety bond is required.
-
Errors and Omissions (E&O) insurance is optional but recommended.
-
Notaries should verify that E&O coverage includes electronic and remote notarizations.
Refusal of Electronic or Remote Notarial Acts
A notary must refuse to perform an electronic or remote notarization if:
-
Identity verification fails;
-
The signer appears under duress;
-
The signer lacks awareness or competence;
-
The required technology fails;
-
Statutory requirements are not satisfied.
The notary remains personally responsible for compliance with Pennsylvania law.
Conclusion
Electronic and remote notarization are lawful extensions of traditional notarial authority under Pennsylvania law.
However:
-
All RULONA requirements apply.
-
Only Department-approved technology may be used.
-
Identity verification standards must be strictly followed.
-
Remote notarizations must be recorded and retained for 10 years.
-
Required certificate language must be included.
Technology changes the method of notarization. It does not reduce the notary’s legal responsibility.
Section Review
Conclusion
Congratulations you have completed the Pennsylvania Notary course! You will be directed to print your education certificate.
For more information on RULONA (Revised Uniform Law on Notarial Acts) visit:
http://www.dos.pa.gov/OtherServices/Notaries/Documents/RULONA,%20Act%2073%20of%202013,%20as%20amended.pdf
|
