Every Pennsylvania notary public is required to have and to use a notary stamp.
The notary public seal is the exclusive property of the notary to whom it is issued and the notary is responsible for maintaining custody and control of the seal at all times. The use of a notary public seal by a person who is not the notary public named on the seal is considered an impersonation of a notary public and subject to the penalties set forth by law.
The notary stamp and seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public and must not be surrendered to an employer upon termination of employment, even if the employer paid for the seal.
Pennsylvania also requires notaries to keep a journal. Every time you perform a notarial act, you must record the event in your journal.
Notary Public Stamp and Seal
A notary public must not use the official seal or the title “Notary Public” for any purpose other than the rendering of notarial service. Because of the legal requirement that the seal be photographically reproducible, the rubber stamp seal is required.
The official stamp of a notary public must have, in this order:
The words "Commonwealth of Pennsylvania – Notary Seal."
The name of the notary public as it appears on the commission and the words "Notary Public."
The name of the county in which the notary public maintains an office.
The date the notary public's current commission expires.
The seven-digit commission identification number assigned by the Department.
A word or term on the official stamp may not be abbreviated, except for name suffixes permitted by law.
The official notary stamp or seal must be stamped or affixed to the notarial certificate, near the signature of the notary or attached to or otherwise logically associated with an electronic record that contains the notary’s signature.
A notary shall not stamp over any signature in a record that is being notarized, nor over any writing in a notarial certificate.
A notary public shall not:
Perform a notarization without the signer personally appearing before the notary. The notary public’s most important job is to authenticate identity.
Alter or deface their official stamp
Use the notary public’s official stamp for any other purpose than performing a notarial act
Permit any other person to use the notary public’s stamp for any reason
You may use an optional impression seal (often called an embosser) or a crimped image in addition to the required rubber stamp seal, but never in place of the required stamp. An embosser is not the official stamping device and may not be used as a substitute for the required stamp.
The official stamping device is the required rubber stamp (or an approved electronic stamping device for electronic notarizations). A stamping device may not be a non-inking embosser. A notary public may keep more than one stamping device for the same commission.
The stamping device is the exclusive property of the notary public. The notary public must maintain sole custody and control of the stamping device at all times, keep the physical stamping device in a secure location accessible only to the notary, and secure any electronic stamping device by a password or other means of personal authentication.
Upon resignation, expiration, adjudication of incompetency, or death, the notary public (or the notary's personal representative/guardian, or anyone in knowing possession of the stamping device) must disable the stamping device by destroying, defacing, damaging, erasing, or otherwise securing it against use.
If a notary public commission is suspended or revoked, the individual must deliver the stamping device to the Department within 15 days after notice of the suspension or revocation.
If a stamping device is lost or stolen (including compromised security or unauthorized access), the notary public or the notary's personal representative/guardian must notify the Department in writing or by email within 15 days after discovery.
A statement that the notary public does not possess the stamping device, the stamping device security was compromised, or the stamping device was accessed by an unauthorized person.
The date the notary public discovered that the stamping device was lost or stolen .
Keeping A Journal
Notaries are not authorized to keep copies of the documents they notarize. The best way to protect yourself is to document your notarial acts in a journal and, in Pennsylvania, it is a legal requirement. Every time you perform a notarial act, you must record the event in your journal in chronological and separate order.
Each journal of a notary public must contain the following information in any order:
The name of the notary public as it is recorded on their commission.
The notary public’s commission number and the expiration date of their commission.
The notary public’s office address as recorded with the Department.
A statement which affirms in the event of the decease of the notary public, the journal will be delivered or mailed to the office of the recorder of deeds in the county where the notary last maintained an office.
Clarification of the meaning of any uncommonly abbreviated word or symbol used in recording a notarial act within the journal.
The notary public’s signature
A notary public’s journal must contain all of the notarial acts they perform, in chronological order. Each notarial act must be entered as a separate entry.
Journal entries must contain: The date and time of the notarial act performed
A description of the record, if any, and type of notarial act taken;
Full name and address of the individual for whom the notarial act is performed. For the purpose of journal entries, address means full address including street and number, e.g. 123 Main Street.
If the identity of the individual is based on knowledge of that person to the notary, a statement to that effect is required
If identity is based on satisfactory evidence, a description of the method of identification and any identification credentials presented should be noted. Date of issuance and expiration dates of identification credentials should be included.
The fee charged for the notary service by the notary public. If no fee is charged or the fee is waived, indicate this fact in the journal entry. Clerical or administrative fees separate from the fee charged for the notary service must be separately itemized in the journal.
Journal entries may, but are not required to, include the signature of the individual for whom the notarial act is performed and other brief transaction notes that help you recall the notarization later (for example, the date of the record).
Journal entries may not contain personally identifiable information (PII). PII includes any part of a Social Security number, a full driver's license or government-issued nondriver ID number, date and place of birth, mother's maiden name, biometric records, and other information that is linked or linkable to an individual (for example, medical, educational, financial, or employment information). You may record terminal numbers of identification credentials (for example, the last four digits of a driver's license or passport ) to help distinguish an individual—never record full numbers.
A notary journal may be maintained on a tangible medium or in an electronic format, and a notary may maintain separate journals for tangible notarizations and electronic/remote notarizations.
Tangible journal requirements: the journal must be permanently bound (not loose-leaf) in a way designed to prevent insertion, removal, or substitution of pages. Pages must be consecutively numbered from beginning to end and page numbers must be preprinted. Each notarial act must be recorded as a separate entry, and entries must be consecutively numbered.
Electronic journal requirements: the journal must be tamper-evident and designed to prevent insertion between existing entries, removal of an entry, or substitution of an entry. Entries must be consecutively numbered from beginning to end. The journal must be stored securely, be recoverable in the event of hardware or software malfunction, and be producible in PDF (or another industry-standard readable format) when required. If a signature is captured in an electronic journal entry, it must be linked to the journal entry data in a manner that makes any later alterations detectable.
Journals can be used to refresh your memory about an event that occurred years earlier and, if kept consistently, may be relied upon for court testimony.
If your name, commission expiration date, or address changes before you finish using the journal you must add the new information following the old, and add the date of which the information changed.
Journals may also prove your compliance with the law.
To be reliable, make sure that you record every notarial act and any special circumstances of the notarization.
Do not share a journal with another notary.
Entries from the journal must be made available to the Department in a PDF format upon demand, and certified copies of the journal must be given to a person who applies for it.
An electronic journal delivered to the office of the recorder of deeds upon termination of office of a notary public needs to be delivered in a format prescribed by the recorder of deeds.
While it is your responsibility to maintain custody and control of your notary journal at all times during your commission, if a notary journal is lost or stolen (including compromised security or unauthorized access), the notary public or the personal representative/guardian must notify the Department in writing or by email within 15 days after discovery.
A statement that the notary public does not possess the journal, that the journal’s security was compromised, or that the journal was accessed by an unauthorized person.
The date the notary public discovered that the journal was lost or stolen.
Notary journals are usually available from your bonding agency, an office supply store, or one of the national organizations that provide educational assistance to notaries.
Notary journals are the exclusive property of the notary public and a notary public is required to maintain both control and custody of the journal throughout their commission. It must not be used by any other person and may not be surrendered to any employer of the notary upon termination of employment.
(57 Pa.C.S. § 317; 4 Pa. Code § 167.36)
Pennsylvania law requires a notary public to maintain a journal of all notarial acts performed. The journal is a public record of the notarial act and is subject to inspection and copying as provided by law.
Inspection of the Journal
Upon request, a notary public shall permit a person to inspect a journal entry. A request for inspection may be made orally or in writing.
Inspection must occur in the presence of the notary public. The notary shall supervise the inspection and take reasonable steps to:
Protect the journal from loss, damage, or alteration; and
Prevent disclosure of journal entries other than those properly requested.
The notary is not required to allow unsupervised access to the journal.
Certified Copies of Journal Entries
A notary public shall provide a certified copy of a journal entry upon request. The request may be made orally or in writing but must identify the specific journal entry or time period sought.
The notary must provide the certified copy within 15 days after receipt of a valid request.
A certified copy must include a signed and dated statement by the notary public certifying that the copy is a true and correct copy of the specified journal entry.
Fees
A notary public may charge:
The statutory fee permitted for providing a certified copy of a journal entry; and
A reasonable fee for copying and postage, if applicable.
The notary should inform the requester of any applicable fees before providing the certified copy.
Clarification of Requests
If a request does not adequately identify the journal entry or time period, the notary may require the requester to provide sufficient information to locate the entry. The notary is not required to conduct extensive research or produce entries that are not clearly identified.
To make a certified copy of a record in a journal, the notary public photocopies the register page containing the requested entry and attaches a certificate stating, "This is a true and correct copy from my official register."
If a request for certified copies is made through an investigative inquiry from law enforcement, the Department or through a subpoena over the course of criminal/civil litigation a notary public should comply by the manner specified through the request or subpoena.
Disposition of the Journal Upon Death, Revocation, or Expiration
Upon revocation or expiration of a notary’s commission, or the death of a notary public, the notary or their personal representative or guardian has 30 days to deliver the notary public’s journal to the county recorder of deeds in the county where the notary public last maintained an office. If the journal was kept in an electronic format, then you should deliver it in a format prescribed by the receiving recorder of deeds.
Notaries Public with expired commissions may renew their commission within those 30 days and keep their journal for the length of their new commission.
Disciplinary Authority of the Department of State
The Department of State has the authority to impose sanctions on a notary public if it deems there is a lack of integrity, honesty, and competence. This includes fraud and deceit. The Department may also impose a penalty on a notary public in the amount of $1,000 for each act or omission that constitutes a violation. Acts or omissions that constitute a violation are as follows:
Failure to comply with Pennsylvania Notary Law,
Fraudulent, dishonest, deceitful misstatement or omission on the application for a commission as a notary submitted to the Commonwealth,
Conviction of or acceptance of Accelerated Rehabilitative Disposition by the applicant or notary for a felony or an offense including fraud, deceit or dishonestly,
A finding against or admission of liability by the application or notary in a legal proceeding or disciplinary action based on fraud, dishonesty or deceit.
Failure by a notary to discharge a duty required whether by Pennsylvania notary law, or by Federal/State law,
Use of false or misleading advertising or representation by the notary,
Violation of notary regulations,
Denial of a notary commission in another jurisdiction, suspension and/revocation, and
Refusal of a notary public to maintain the required bond.
Also, criminal penalties can be brought against any person who pretends to be a notary and/or uses a notary seal that is not theirs to perform a notary act.
Being commissioned as a notary public does not authorize the notary to assist persons in drafting legal documents or practice law unless they are a licensed attorney, act as an immigration consultant or representative.
The notary is forbidden to engage in false advertising which includes the term “notario” or “notario public.” If a notary public advertises their services in print media, broadcast media or the internet, they must prominently display the following: 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.
Section Review
1.
If a notary public secured his/her notary appointment while employed and the employer paid for the costs incurred, and the notary’s employment is subsequently terminated, the notary must:
Leave the notary’s journal with the employer.
Give a full photocopy of the notary journal to the employer.
Relinquish the notary’s stamp, seal and journal to the employer.
Not surrender the notary’s stamp, seal or journal to the employer.
Correct
Incorrect
2.
The use of a notary public seal by a person who is not the notary public named on the seal is considered an impersonation of a notary public and subject to the penalties set forth by law.
True
False
Correct
Incorrect
3.
Notary seals must be photographically reproducible.
True
False
Correct
Incorrect
4.
An embosser can be used in place of a rubber stamp seal.
True
False
Correct
Incorrect
5.
Upon a notary public’s, disqualification, revocation or expiration of a commission, the notary public seal must be surrendered to the Department of State or destroyed within:
10 days.
15 days.
45 days.
60 days.
Correct
Incorrect
6.
Upon a notary public’s resignation, disqualification, revocation or expiration of a commission, the notary public seal must be surrendered to the Department of State. Any person who fails to comply with this requirement shall be guilty of a summary offense and upon conviction shall be sentenced to pay a fine not exceeding ______ or to imprisonment not exceeding ______, or both.
$1,000, 0 Days.
$300, 120 days.
$3,000, 90 days.
$3,000, 120 days.
Correct
Incorrect
7.
The notary seal, the notary commission certificate, and any other papers belonging to the notary public, i.e., a record book or journal of notarial acts, are the property of:
The notary public's employer.
The notary public.
The Secretary of the Commonwealth.
The county recorder of deeds.
Correct
Incorrect
8.
It is acceptable if the stamp of the notary seal is placed over the notary's signature, but not over the document signer's signature.
True
False
Correct
Incorrect
9.
Journal/register entries must record:
The date of the notarial act.
The character of the notarial act - acknowledgment, affidavit, etc.
