SECTION 2 - Appointments and Qualifications of Being a Notary
Who Can Become A Notary Public?
To become a notary public in the State of Pennsylvania, you must:
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be a citizen or permanent legal resident of the United States
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be a resident of or be have a place of employment in the Commonwealth;*
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be able to read and write English
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have passed a required examination administered by the Department
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be able to comply with any other requirements established by the Department
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be at least 18 years of age; and
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Not have been disqualified to receive a commission under section 323
*Must have an actual physical business address – not merely a P.O. Box address
Each applicant for notary public must have satisfactorily completed a three-hour course of study preapproved by the Secretary concerning the functions and duties of a notary public within six months preceding application. Prior to granting an appointment as a notary public, the Secretary of the Commonwealth will determine that the applicant possesses the required integrity and ability to fulfill the responsibilities of the position.
Who Cannot Become A Notary Public?
The following persons shall be ineligible to hold the office of notary public:
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Anyone who holds a judicial office in the Commonwealth, except for the office of Magisterial District Justice;
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Every member of Congress and any person holding any office or appointment of profit or trust under the legislative, executive, or judiciary departments of the U.S. to which compensation is attached;
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Any person who has been convicted of or accepted Accelerated Rehabilitative Disposition for any felony offense or any misdemeanor offense involving fraud, dishonesty or deceit as set forth in § 167.121 within five (5) years preceding the date of application for appointment, though this may be rebutted under extraordinary circumstances.
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Any member of the General Assembly of Pennsylvania.
A notary public applicant will not be issued a notary public commission unless:
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The applicant has submitted an application on a form prescribed and furnished by the Secretary of the Commonwealth accompanied by the appropriate non-refundable filing fee.
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The applicant has verified that he or she is of good moral character, and is familiar with the duties and responsibilities of a notary public as determined by the Secretary of the Commonwealth.
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The applicant has not made a material misstatement or omission of fact in the application.
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The applicant has provided proof of completion of a three-hour preapproved notary public course within six months preceding application.
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The applicant has not been convicted of or pled guilty or nolo contendere to a felony or lessor offense incompatible with the duties of a notary public during the five-year period preceding the date of application.
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The applicant has not had a prior notary public commission revoked by the Commonwealth or any other state during the five-year period preceding the date of application.
An application may be rejected by the Secretary of the Commonwealth, In which case, an applicant usually has the right of notice, hearing and adjudication, and the right of appeal. However, if the application lacks proof of completion of a required preapproved three-hour notary public course, the application will be rejected outright without the usual right of appeal. Appointment
The term of office of a notary public is four years beginning with the date specified in the commission. A commission which began on January 1, 2017 (12:00 a.m.) will end on January 1, 2021 (11:59 p.m.).
At the end of the four-year term, the notary public may be appointed to another four-year term. There is no limit to the number of consecutive terms that may be served. Applications for reappointment should be filed at least two to three months prior to the expiration of the commission.
Convictions
Applicants are required to answer the following question and disclose the pertinent information on the notary public application form:
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Have you ever been convicted of or entered a plea of guilty or nolo contendere to a felony or lesser offense preceding the date of this application?
If this question is answered in the affirmative (yes) on the application, the applicant must provide specific details on a separate sheet of paper and include the name of the court, plea or conviction, sentence and length of probation.
SECTION REVIEW
1. A notary commission which began on January 1, 2017 (12:00 a.m.) will end on:
A. January 1, 2018 (12:01 a.m.)
B. December 31, 2020 (12:00 p.m.)
C. January 1, 2020 (12:01 a.m.)
D. January 1, 2021 (11:59 p.m.)
2. A notary public is not licensed to practice law and may not, under any circumstances, give legal advice unless he/she is a licensed attorney.
A. True
B. False
3. You must be employed in or a legal resident of Pennsylvania to be eligible to become a notary public in this state.
A. True
B. False
4. The notary public term of office is ______ years.
A. two
B. three
C. four
D. five
5. Applications for reappointment should be filed at least ________ prior to the expiration of the commission
A. two to three months
B. three to four months
C. four to five months
D. five to six months
Section Review
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