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Exam (elaborations)

PA Notary Exam - State Test (2023/2024) Graded A+

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PA Notary Exam - State Test (2023/2024) Graded A+ RULONA Revised Uniform Law On Notarial Acts When did RULONA take effect? 10/26/17 How many hours of education must an applicant take for appointment or reappointment? Three hours What is the cost of the examination for the Pearson VUE Test? $65.00 How long does an applicant have to pass the Pearson VUE test? 6 Months Notarial Acts 1. Taking an Acknowledgment 2. Administering and oath or affirmation 3. Taking a verification on oath or affirmation (includes affidavit) 4. Witnessing or attesting a signature (new notarial act) 5. Certifying or attesting a copy or deposition (no longer "taking a deposition") 6. Noting a protest of a negotiable instrument What is on a Notary, in order? "Commonwealth of Pennsylvania" - Notary Seal Name of Notary, Notary Public Name of the County where Notary maintains an office Date Notaries Commission Expires Notary Commission Number Is the municipality on the stamp? No, the municipality is not on the stamp What is the size of the stamp? 1 inch and a width of 3 1/2 inches with a plain border Is an embosser required? No, the use of an embosser is optional What is required in the Notary Journal? 1. Date and Time of the notarial act. 2. A description of the record, if any, and type of notarial act. 3. Full name and address (city and state only) of each individual for whom the notarial act is performed. 4. If identity of individual is based on personal knowledge, a statement to that effect. 5. If identity of 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. What are the requirements for a tangible journal? A bound register with numbered pages What are the requirements for an electronic journal? Must be tamper-evident electronic format complying with dept. regulations. Personal Appearance If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear before the notary when the notarial act is executed. The notary and customer must be able to see, hear, communicate with, and give identification documents to each other without the use of electronic devices. Identification of an individual/customer Two forms of government issued identification to be used to establish identity: 1: Valid(unexpired) Drivers License, Non-Driver ID Card or Passport 2: Current, contains signature or photo of the individual(ex: ss card) Notarial Certificates Short form certificate for each type of notarial act. Replaces the acknowledgement certificates. Eligibility for appointment and commission as a notary public 1. Be at least 18 years of age 2. Be a citizen or permanent legal resident of the U.S. 3. Be a resident or work in the Commonwealth 4. Be able to read and write English 5. Not be disqualified to receive a commission under section 323 (related to sanctions) 6. Have a passed the exam Disqualification to receive a commission Applicants may not be: 1. A member of the General Assembly. 2. Any person holding any judicial office in this Commonwealth, except the office of magisterial district justice. 3. A member of Congress or any elected or appointed federal official. Other disqualifications An act or omission which demonstrates that the individual lacks honesty, integrity, competence or reliability. 1. Failure to comply with RULONA 2. Fraudulent, dishonest or deceitful misstatement or omission in the application process 3. Convition or acceptance of Accelerated Rehabilitative Disposition by the applicant or notary public for a felony, fraud dishonesty, deceit. 4. False or misleading advertisement or representation by a notary public. 5. Violation of a regulation 6. Denial, refusal to renew, revocation, etc. in another state. 7. Failure to maintain a bond. Penalties The Dept. may impose an administrative penalty of up to $1,000 on a NP for each act or omission which constitutes a violation of RULONA or Dept. regulations. Notary Bond All appointed notaries must obtain a $10,000 bond. Must be executed by an insurance company authorized in the Commonwealth. Obtaining the Notary Commission after Appointment An appointed NP must take the oath of office and record the completed bond, oath and commission in the office of the Recorder of Deeds in the county where the notary's employer/business address is located. Must register signature with Prothonotary's office. Must complete within 45 days or the commission will be void and will be required to reapply. Application Fee Fee paid to the Dept. of State, $40 - $42 Notary Fees $5 per signature for witnessing or attesting a signature. Fees of the notary are the property of the notary, unless mutually agreed by the NP and employer. Must display fees unless they are waived. Conflict of interest NP may not perform a notarial act with respect to a record in which the NP or their spouse has a direct monetary interest. Advertising An NP may not false advertise. May not assist in drafting legal records, give legal advice or otherwise practice law. Practice of law/use of terms Practice of law/use of the terms "notario" or "notario publico", unless they are an attorney Electronic notarization A NP must apply for e-notary status and select one or more dept-approved tamper-evident technologies to perform notarial acts with respects to electronic records. Acknowledgement A declaration by an individual before a notarial officer. Electronic Signature An electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. Bureau The Bureau of Commissions, Elections and Legislation Conviction 1. An entry of a guilty plea 2. A guilty verdict or nolo contendre 3. Finding not guilty by insanity or guilty but mentally ill Department The Dept. of State of the Commonwealth Representative Capacity 1. Authorized officer, agent, partner, trustee, etc. 2. a public officer, personal representative, guardian or other rep. in capacity stated in a record 3. an agent or attorney-in-fact for a principal Record Information that is either inscribed on a tangible medium or stored in an electronic or other medium and is retrievable. Recorder of deeds The county office in which matters relating to the real estate located within that county are filed. Prohibited 1. A notarial officer may perform a notarial act with respect to a record in which the notarial officer or their spouse has a direct or pecuniary interest. 2. Being a shareholder in a publicly traded company that is a party to the notarization transaction. 3. Being an officer, director or employee of a company, unless the director, officer or employee personally benefits from the transaction 4. Performed in violation of this subsection Copies A notarial officer who certifies or attests a copy of a record or an item which was copied shall determine that the copy is a complete and accurate transcription or reproduction of the record or item. Personal Appearance Required If a notarial act related to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

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