A customer comes to you to notarize a document on October 26, 2017, the day the new notary public law (RULONA) becomes effective. What do you do?

PAN takes you step-by-step through the entire notary process for four of the most common notary acts.

Identify Your Customer

The most important aspect of your job as a notary is to properly identify your customer. If you are performing a notary act for a customer, the customer must appear before you, in person.

There are two ways to determin a customer's identity - personal knowledge and satisfactory evidence. 

Personal Knowledge

The customer is a long-time neighbor and friend. You have known this person for several years and serve on a neighborhood watch committee together.

Personal knowledge of a customer includes knowing someone as a friend, co-worker, neighbor or relative with whom you've shared experiences. Your personal knowledge of your customer serves as proper identification because you are absolutely sure of who your customer is.

Satisfactory Evidence

What if the customer is a stranger to you? Then you must ask him or her for satisfactory evidence to prove their identity.

There are two types of satisfactory evidence defined in the new notary public law - acceptable identification and credible witness. 

Acceptable identification is a form of government identification that is current and contains a photograph or signature and is satisfactory to you, the notary.

Acceptable identification includes:

• Passport or passport card issued by the United States Department of State or a foreign government. The passport or passport card must be current and unexpired and use letters, characters and a language that can be read and understood by you, the notary.
• Driver's license or non-driver's identification card issued by a U.S. state or territory, or a state or territory of Canada or Mexico. The license or identification card must be current and unexpired and use letters, characters and a language that can be read and understood by you, the notary.
• Identification card issued by any branch of the U.S. armed forces
• Inmate identification card issued by the Pennsylvania Department of Corrections for an inmate who is currently in prison
• Identification card issued by the U.S. Department of Homeland Security
• Social Security card
• Medicare card
• Pennsylvania state and state-related university identification card

When there is an issue date on the identification, it must be prior to the date of the notary act.

If the identification card presented to you does not prove your customer's identity to your satisfaction, you may ask for another form of ID that meets the requirements of the law or refuse service.

What if your customer is not personally known to you and cannot provide an acceptable identification card (satisfactory evidence)?

You can rely on the testimony of a third person known as a credible witness. 

A credible witness must be personally known to you, must personally know your customer and must appear before you with your customer present. The credible witness must make a verification on oath or affirmation that each of the following is true:

• The individual appearing before you, the notary, as the signer of the document is the person named in the document.
• The credible witness personally knows the signer.
• The signer does not possess any of the identification documents authorized by law to establish the signer's identity, and
• The credible witness does not have a direct or pecuniary (financial) interest in the record being notarized.

Notary Wording 

In addition to properly identifying your customers, it is important for you to look for the proper notary wording (Certificate of Notarial Act) in a document before you notarize. 

Step 1: Venue

• All documents need a venue
• The venue is the geographic location where the notarization is performed
  • County and state
• You are responsible for the venue being correct

Venue Wording

Commonwealth of Pennsylvania
County of __________________

Step 2: Notary Statement

• The notary statement determines which notary act you are completing
• The most common notary acts are verifications on oath or affirmation and acknowledgments
• A new notary act is witnessing or attesting a signature

Notary Act Scenarios

Imagine the notary in our scenarios is you. We're going to examine four notary acts in order to provide you with a clear understanding of the notarial process for each one.

Scenario 1: Witnessing or Attesting a Signature

Customer 1 is your long-time neighbor Colleen, who asks if you can notarize her signature on a permission slip for her son to attend a hockey camp.

Witnessing or attesting a signature is a new notary act that authorizes you to witness or attest a signature. A socument that needs a notary to witness or attest a signature cannot be signed by the customer prior to the notarization. You must witness or attest the signing of the customer's signature on the document.

The customer does not need to swear or affirm that the contents of the document are true. The customer is merely signing the document.

Your responsibilities for witnessing or attesting a signature

1. Demand personal appearance
2. Properly identify your customer
   1. You have known Colleen your neighbor for 20 years and attend the same church
   2. The identification method is personal knowledge
3. Watch your customer sign the document
4. Compare the signature on the document to the signature on the ID if the ID contains a signature
   1. In this case, you do not have anything to compare.
5. Complete the Certificate of Notarial Act (notary wording)
   1. Signed (or attested) before me on (date) by (name of individual).
   2. Don't forget the venue (the county and state) where the notarization istaking place.
6. Place your notary stamp and signature on the form
   1. Remember to sign notarized documents with the name that is on your commission.
7. Record the notarization transaction in your journal
   1. The date and time of the notary act
   2. Type of notary act
      1. In this case, it is witnessing or attesting a signature
   3. A description of the record, if any
   4. Notary fee - record the notary fee, if charged
   5. Record any clerical or administrative fees. These fees are recorded separately from the notary fee.
   6. Full name of the customer - Colleen Smith - and the city and state where she lives
   7. Method of identification and any ID details, including the date of issue and expiration date, if applicable.
      1. In this case, you would list Personal Knowledge and a statement on how you know the customer (long-time neighbor)
8. Since you have known the customer for a long time, you do not charge her the $5 fee for witnessing or attesting a signature. You do not charge any clerical or administrative fees. You record N/C for No Charge in the notary fee and clerical/administrative fee columns in your journal.

Scenario 2: Verification on Oath or Affirmation

Customer 2 needs to enroll her son in a new school district and must have a residency form notarized. The customer must take an oath or affirmation to swear or affirm that the information on the residency document is true and correct. She must then sign the residency document in front of you.

She tells you she needs an affidavit. You explain that under the new notary public law (RULONA), the wording and function of a verification on oath or affirmation is similar to that of an affidavit. A verification on oath or affirmation is a declaration made by the customer swearing or affirming that a statement in the form is true. The customer decides she needs a verification on oath or affirmation.

Your responsibilities for a verification on oath or affirmation

1. Demand personal appearance
2. Properly identify your customer
   1. The customer provides a current driver's license
3. Administer an oath or affirmation to the customer and listen for their affirmative response.
   1. "Do you, Jane Doe, swear (or affirm) that the information contained in this form is true and correct?"
4. Watch the customer sign the form
5. Compare the signature on the document to the signature on the identification, if there is a signature on the presented ID. The customer provided a current driver's license so you can match the siganture on the ID to the signature she signed on the docuemtn.
6. Complete the Certificate of Notarial Act (notary wording)
   1. Signed and sworn to (or affirmed) before me on (date) by (Jane Doe).
   2. Don't forget the venue (the county and state) where the notarization is taking place.
7. Place your notary stamp and signature on the form
   1. Remember to sign notarized documents with the name that is on your commission.
8. Record the notarization transaction in your journal
   1. The date and time of the notary act
   2. Type of notary act
      1. In this case, it is a verification on oath or affirmation
   3. A description of the record, if any
   4. Notary fee - record the notary fee, if charged
   5. Record any clerical or administrative fees, if charged. These fees are recorded separately from the notary fee.
   6. Full name of the customer - Jane Doe _ and the city and state where she lives
   7. Method of identification and any ID details, including the date of issue and expiration date, if applicable.
      1. In this case, it is acceptable ID since Jane Doe presented her current driver's license.
9. You charge Jane Doe a $5 notary fee for the verification on oath or affirmation and a $2 clerical fee, which you record in your journal.
   1. Don't forget to provide your customer with an itemized receipt.

Scenario 3: Certified or Attested Copy or Deposition

Customer 3 arrives at your office with his signed rental agreement from his landlord. The customer asks you for a certified copy of the agreement. He tells you the landlord wants the rental agreement given back to him and suggested that he obtain a copy of it for his own records.

When you, the notary, make a certified or attested copy, you must examine the document for any alterations or tampering. You must also make sure that the original is not already a copy. If there are signs of alterations or tampering of the document, you must refuse service.

The customer hands you the rental agreement and you check it over. It does not appear to have been tampered with or altered. The customer gives you permission to make a copy of the agreement.

Your responsibilities for a certified or attested copy or deposition 

1. Customer presents the original document
   1. In this case, he gave you his original rental agreement.
2. You inspect the original document for signs of tampering or alterations
3. Make the copy yourself or use the customer's copy
   1. You make the copy.
4. Compare the copy to the original
5. Complete the Certificate of Notarial Act (notary wording)
   1. I certify that this is a true and correct copy of a (blank) in the possession of (blank) dated (blank).
   2. If you are making a certified or attested copy of a deposition:
      1. I certify that this is a true and correct copy of the transcript of the deposition of (blank) dated (blank).
   3. Don't forget the venue (the county and state) where the notarization is taking place.
6. Place your notary stamp and signature on the form
   1. Remember to sign notarized documents with the name that is on your commission.
7. Record the notarization transaction in your journal
   1. The date and time of the notary act
   2. Type of notary act
      1. In this case, it is a certified or attested copy
   3. A description of the record
   4. Notary fee - record the notary fee, if charged
   5. Record any clerical or administrative fees, if charged. These fees are recorded separately from the notary fee.
   6. Full name of the customer and the city and state where he lives
   7. Method of identification and any ID details, including the date of issue and expiration date, if applicable.
      1. In this case, the method of identification is acceptable ID because the customer presented his current driver's license.
   8. You charge the customer $5 for the certified copy. You do not charge a clerical or administrative fee.
      1. You record the notary fee in your journal and mark N/C for No Charge in the column for clerical or administrative fee.
      2. You provide the customer with an itemzied recept.

Scenario 4: Acknowledgment

Customer 4 calls you on the telephone and asks if she can fax a deed for you to notarize. The customer says that once you notarize it, she wants you to fax it back to her.

You explain that she needs to appear before you in person and bring proper identification, such as a passport or driver's license that is current and unexpired and includes her signature or photograph.

Acknowledgments are typically required on documents that are going to be recorded or placed in the public record. These documents include mortgages, deeds, wills and powers of attorney.

The customer arrives at your office with the deed and her U.S. passport. She says she needs a notary to acknowledge that she is signing the deed.

Your responsibilities for an acknowledgment

1. Demand your customer's personal appearance
2. Identify your customer
3. Listen for your customer's verbal confirmation on intent
4. Confirm your customer's signature
   1. Witness her signing the deed
      1. The customer signed the deed and acknowledged that she knew what she was doing.
   2. Authenticate
      1. Is there a signature on the presented ID? If so, you can compare the signature she signed on the deed to the signature on the presented ID.
      2. In this case, the customer's photograph is on the passport. The photograph is used to identify the customer.
5. Complete the Certificate of Notarial Act (notary wording)
   1. The record was acknowledged before me on (date) by (name of individual).
   2. Don't forget the venue (county and state) where the notarization is taking place.
6. Place your notary stamp and signature on the form
   1. Remember to sign notarized documents with the name that is on your commission.
7. Record the notarization transaction in your journal
   1. The date and time of the notary act
   2. Type of notary act
      1. In this case, it is an acknowledgment
   3. A desciption of the record, if any
   4. Notary fee - record the notary fee, if charged
   5. Record any clerical or administrative fees, if charged. These fees are recorded separately from the notary fee.
   6. Full name of the customer and the city and state where she lives
   7. Method of identification and any ID details, including the date of issue and expiration date, if applicable.
      1. In this case, the method of identification is acceptable ID because the customer presented her U.S. passport.
8. You charge the customer $5 for the acknowledgment and $10 for a clerical or administrative fee.
   1. You record the notary fee and the clerical or administrative fee in the appropriate columns in your journal.
   2. Don't forget to give the customer an itemzied receipt.

Remember:  If you have any questions about notary acts, proper journal record keeping or notary fees, please contact PAN's Customer Service Department at 1-800-944-8790, Monday-Friday 9 a.m. to 4:30 p.m.