Appointed and commissioned by the Department of State, notaries have the authority to perform several duties, including:
Notaries have been officially recognized in Pennsylvania for over 200 years, and currently more than 85,000 people are commissioned as notaries in the Commonwealth.
The office of notary public is an important position of public trust that has experienced many changes since its inception in ancient Rome. At that time, notaries public served as public scribes, writing for those who did not know how and acting as document authenticators. In Pennsylvania, notaries are attested back to the time of William Penn. Pennsylvania first enacted a law governing notaries public in 1791. Under that first law, the Governor had the authority to appoint six notaries public for Philadelphia and three for the remaining counties.
The Notary Public Law of 1953 introduced several changes—including transferring responsibility for appointment of notaries from the Governor to the Secretary of the Commonwealth. This law, amended in 2002, was in effect through October 25, 2017. The 2002 amendments permitted the appointment of notaries who were employed in Pennsylvania, but resided in another state, and required all applicants for appointment as a notary public to receive three hours of professional education. (This education requirement was the subject of a successful court challenge in Tritt v. Cortés, 851 A.2d 903 (Pa. 2004), which exempted (“grandfathered”) certain notaries from this education requirement.) The 2002 law also permitted electronic notarization.
The Revised Uniform Law on Notarial Acts (“RULONA”) was enacted on October 9, 2013, but did not come into effect until October 26, 2017 as the Department of State prepared for the changes contemplated in RULONA. The new statute is based on the work of the Uniform Law Commission, and retains many of the provisions of the former law, including education and electronic notarization. RULONA does include new provisions on eligibility to become a notary, training and testing requirements, identification of a notary’s clients, recordkeeping, and increases the available penalties for misconduct by notaries. RULONA is designed to modernize and clarify the law governing notaries public, their responsibilities and duties, and harmonizes treatment of notarization of all records, whether on paper or electronic.