This site uses cookies

Why? They let us personalize content, track usage, and analyze data on our end to improve your experience. By continuing to browse our site, you accept our use of cookies per our privacy policy.

I Accept

Notary Notes

Personal Appearance: The Golden Rule for Pennsylvania Notaries

by PAN

For Pennsylvania notaries, few rules are more important than this one: the customer must personally appear before you at the time of the notarization.

At PAN, we often call personal appearance the “Golden Rule” of notarization because it is the foundation of nearly everything you do as a notary. Before you complete a notarial certificate, apply your stamp, or record the act in your journal, you must be sure that the person requesting the notarization is actually present before you and that you have properly identified them.

There is one important exception: certifying or attesting a copy. For this notarial act, the customer is not required to be in front of you. In all other notarial acts, personal appearance is required.

Personal appearance is not just a best practice. Under Pennsylvania’s Revised Uniform Law on Notarial Acts (RULONA), personal appearance is a core requirement. Pennsylvania law specifically addresses the requirement that an individual appear before the notarial officer, and the Pennsylvania Department of State explains that a notary’s proper method for identifying a person appearing before the notary is through personal knowledge or satisfactory evidence of identity.

What Does “Personal Appearance” Mean?

Personal appearance means the signer or individual for whom the notarial act is being performed is before you when the notarial act is performed.

For a traditional paper notarization, that usually means the customer is physically in your presence. For an approved electronic or remote online notarization, personal appearance may occur through an authorized communication technology platform, but only if you are properly authorized and all legal requirements are met.

In either setting, the principle is the same: you must interact directly with the individual whose signature, statement, oath, affirmation, or acknowledgment is being notarized.

Certifying or attesting a copy is different. This is the one notarial act where the customer is not required to personally appear before you. You are certifying or attesting that the copy is a full, true, and accurate transcription or reproduction of the original record, rather than notarizing a person’s signature, oath, or acknowledgment.

A document cannot simply be dropped off with a signed note for an acknowledgment, oath, verification, or signature witnessing. A spouse, friend, coworker, employer, or family member cannot “vouch” that the person signed it. A signer cannot call later and say, “Yes, that was my signature,” after the notarization has already been completed. For those acts, the person must appear before you at the time of the notarial act.

Why Personal Appearance Matters

1. It Helps Confirm Identity

One of your most important duties as a notary is to determine that the person appearing before you is who they claim to be.

In Pennsylvania, identity may generally be established through:
 
  • Personal knowledge of the individual; or
  • Satisfactory evidence of identity, such as an acceptable identification credential or, in appropriate circumstances, a credible witness.
This step is not a formality. It is one of the main reasons notarization exists. A notarial act provides assurance that the person signing, acknowledging, or swearing to a document was identified by a commissioned notary.

For a certified or attested copy, the focus is different. You are not identifying a signer for an acknowledgment or oath. Instead, you are comparing the original record with the copy and certifying or attesting that the copy is accurate.

2. It Helps Prevent Fraud

Fraud often depends on distance, pressure, or shortcuts.

A forged deed, a false power of attorney, a fraudulent vehicle title transfer, or a fake business document can be much easier to push through when you do not insist on personal appearance. If the signer is not in front of you, you may have no reliable way to know whether:
 
  • The named signer actually signed the document;
  • The signer understands what is being signed;
  • The signer is signing willingly;
  • The identification presented belongs to the actual signer;
  • Another person is attempting to impersonate the signer; or
  • The document has been altered or substituted.
Demanding personal appearance creates a critical barrier. It gives you the opportunity to examine identification, observe the signer, ask appropriate questions, and refuse the notarization if something does not seem right.

3. It Protects You

A notary who completes a notarization without required personal appearance is taking a serious risk.

If a notarized document is later challenged, you may be asked to explain how you identified the signer and whether the signer personally appeared. If the answer is “they did not,” and the notarial act required personal appearance, you may face consequences, including complaints, disciplinary action, civil liability, or damage to your professional reputation.

Pennsylvania notaries are public officers. Your official acts matter. Your stamp and signature are relied upon by courts, government agencies, financial institutions, title companies, employers, and the public. That is why shortcuts can have serious consequences.

You Are Not Just Witnessing a Signature

A common misunderstanding is that a notary is simply “watching someone sign.” That is not the full picture.

Depending on the type of notarial act, you may be:
 
  • Taking an acknowledgment;
  • Administering an oath or affirmation;
  • Taking a verification on oath or affirmation;
  • Witnessing or attesting a signature;
  • Certifying or attesting a copy or deposition; or
  • Noting a protest of a negotiable instrument.
Each notarial act has its own purpose. For example, in an acknowledgment, the signer acknowledges that they signed the record voluntarily for the purposes stated in the document. In a verification on oath or affirmation, the signer swears or affirms that the statements in the document are true. In both examples, the person must appear before you.

Certifying or attesting a copy is the exception. In that act, you are not notarizing a person’s signature or administering an oath. You are certifying or attesting that a copy is a true and accurate reproduction of the original record. Because of that, the customer is not required to personally appear before you for this specific notarial act.

Personal Appearance and Remote Online Notarization

The growth of electronic notarization and remote online notarization has created some confusion about personal appearance.

Remote online notarization does not eliminate personal appearance for notarial acts that require it. Instead, when permitted and properly performed, it changes the way personal appearance occurs. In remote online notarization, the signer may appear before you using approved communication technology rather than being physically in the same room.

However, Pennsylvania notaries must follow the applicable legal and regulatory requirements before performing electronic or remote notarizations. Not every notary is automatically authorized to perform remote online notarizations, and not every platform or process is acceptable.

Five Practical Tips for Demanding Personal Appearance

1. Never Notarize Without the Signer Present

If the customer is not physically present for a traditional notarization, or properly appearing through approved communication technology for a remote notarization, do not proceed unless the notarial act is certifying or attesting a copy.

For acknowledgments, oaths and affirmations, verifications on oath or affirmation, and signature witnessing, personal appearance is required.

It does not matter if the person is a friend, relative, coworker, long-time customer, supervisor, or valued client. If the act requires personal appearance, the signer must appear before you.

2. Ask for Proper Identification When Needed

If you do not personally know the signer, ask for satisfactory evidence of identity. This often means reviewing an acceptable identification credential. In some cases, a credible witness may be used if the requirements are met.

Do not rely on assumptions. Compare the identification to the person appearing before you and to the name on the document. Look for inconsistencies, expired credentials, obvious alterations, or anything that makes you question the signer’s identity.

3. Make Sure the Signer Is Acting Willingly

You are not expected to be a lawyer, doctor, or investigator. However, you should pay attention to obvious signs of coercion, confusion, or unwillingness.

If someone else is answering all the questions, pressuring the signer, rushing the process, or preventing you from speaking directly with the signer, that is a warning sign. You have the right to stop and refuse the notarization if you are not satisfied that the notarization can be performed properly.

4. Complete the Notarial Certificate Carefully

The notarial certificate, also known as notary wording, is the written evidence of the notarial act. RULONA requires that a notarial act be evidenced by a certificate, and if you are a PAN member, we provide sample notary public statements for various notarial acts in the Member Portal.

Make sure the notarial certificate matches the act you are being asked to perform. Do not simply stamp and sign a document without first reviewing the certificate language. If the document does not include proper notarial wording, the signer must decide which notarial act is needed. If they are unsure, they may need to seek legal guidance.

For more information on how to handle a document that does not contain proper notarial wording, watch our YouTube video on the topic: https://youtu.be/ZRG7Em_8K1k?si=y2-VTl8PD4vW1kyd

5. Record the Notarization in Your Journal

A complete and accurate journal entry is one of your best protections. It creates a record of what happened, when it happened, what type of notarial act was performed, and how the signer was identified.

Pennsylvania notaries are required to keep a journal of notarial acts, and Pennsylvania regulations address journal requirements and inspection rules.

PAN offers a compliant Pennsylvania notarial journal designed to help you meet state requirements and maintain accurate records. If you need a journal, you can order one directly from PAN here:

Order a PA Notarial Journal:
https://www.notary.org/supplies/pa-notary-supplies/notary-books-journals/product-pa-notarial-journal

A well-maintained journal can be invaluable if a notarization is ever questioned, and using a journal designed for Pennsylvania notaries can help you stay organized and compliant.

Warning Signs That Should Make You Pause

You should slow down or refuse the notarization if any of the following occur:
 
  • The signer is not present for a notarial act that requires personal appearance;
  • Someone asks you to notarize a signature that was already made by an absent person;
  • The name on the ID does not reasonably match the name on the document;
  • The signer appears confused about the document;
  • The signer appears unwilling or pressured;
  • The ID appears altered, expired, or suspicious;
  • The document has blank spaces that should be completed;
  • The notarial certificate is missing or does not make sense;
  • The signer asks you to backdate or postdate the notarization;
  • Another person tries to answer all questions for the signer.
When in doubt, stop and ask questions. If you are still uncomfortable, refuse the notarization.

The Right to Refuse

Pennsylvania notaries are not required to complete a notarization when the legal requirements are not met. If the signer does not personally appear for a notarial act requiring personal appearance, if identity cannot be established, if the signer appears unwilling or unaware, or if the request involves an improper act, you should refuse.

Refusing an improper notarization is not poor customer service. It is part of your duty.

Your role is to protect the integrity of the transaction, the signer, the public, and your own commission.

The Bottom Line

Personal appearance is the foundation of most proper notarizations.

It helps confirm identity. It helps prevent fraud. It protects the public. It protects the document. And it protects you.

Whether the notarization takes place across a desk or through an approved remote online notarization platform, the rule remains the same: the individual must personally appear before you at the time of the notarial act.

At PAN, we believe this is the notary’s Golden Rule. When you follow it consistently, you reduce risk, strengthen the reliability of your notarizations, and uphold the responsibilities of your Pennsylvania notary commission.

If you are a PAN member and have questions about personal appearance, identity requirements, credible witnesses, journals, or when to refuse a notarization, contact us at:

Pennsylvania Association of Notaries
Phone: 800-944-8790
Email: [email protected]
Website: www.notary.org

Comments (0)

Get Expert Guidance

PAN makes it easy to become a Pennsylvania notary or renew your commission. We guide you through the complicated process and provide everything you need as a notary.

Become a Notary  Renew Your Notary