2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 321 - Appointment and commission as notary public; qualifications; no immunity or benefit

§ 321. Appointment and commission as notary public; qualifications; no immunity or benefit.
(a) Eligibility.--
An applicant for appointment and commission as a notary public must meet all of the following:
(1) Be at least 18 years of age.
(2) Be a citizen or permanent legal resident of the United States.
(3) Be a resident of or have a place of employment or practice in this Commonwealth.
(4) Be able to read and write English.
(5) Not be disqualified to receive a commission under section 323 (relating to sanctions).
(6) Have passed the examination required under section 322(a) (relating to examination, basic education and continuing education).
(7) Comply with other requirements established by the department by regulation as necessary to insure the competence, integrity and qualifications of a notary public and to insure the proper performance of notarial acts.
(b) Application.--
An individual qualified under subsection (a) may apply to the department for appointment and commission as a notary public. The application must comply with all of the following:
(1) Be made to the department on a form prescribed by the department.
(2) Be accompanied by a nonrefundable fee of $42, payable to the Commonwealth of Pennsylvania. This amount shall include the application fee for notary public commission and fee for filing of the bond with the department.
(3) (Deleted by amendment).
(c) Oath or affirmation.--
Upon appointment and before issuance of a commission as a notary public, an applicant must execute an oath or affirmation of office.
(d) Bond.--
(1) Upon appointment and before issuance of a commission as a notary public, the applicant must obtain a surety bond in:
(i) the amount of $10,000; or
(ii) the amount set by regulation of the department.
(2) (Reserved).
(3) The bond must:
(i) be executed by an insurance company authorized to do business in this Commonwealth;
(ii) cover acts performed during the term of the notary public commission; and
(iii) be in the form prescribed by the department.
(4) If a notary public violates law with respect to notaries public in this Commonwealth, the surety or issuing entity is liable under the bond.
(5) The surety or issuing entity must give 30 days' notice to the department before canceling the bond.
(6) The surety or issuing entity shall notify the department not later than 30 days after making a payment to a claimant under the bond.
(7) A notary public may perform notarial acts in this Commonwealth only during the period in which a valid bond is on file with the department.
(d.1) Official signature.--
(1) The official signature of each notary public shall be registered in the "Notary Register" provided for that purpose in the prothonotary's office or the office of the recorder of deeds of the county where the notary public maintains an office within:
(i) 45 days after appointment or reappointment; and
(ii) 30 days after moving to a different county.
(2) In a county of the second class, the official signature of each notary public shall be registered in the office of the clerk of courts within the time periods specified in paragraph (1).
(3) On the same day that an official signature of a notary public is registered under paragraph (1), the office of the recorder of deeds may electronically transfer a copy of the official signature of the notary public to the prothonotary's office of the county where the notary public maintains an office. In lieu of an electronic transfer, a hard copy of the official signature shall be provided to the prothonotary's office.
(d.2) Recording and filing.--
(1) Within 45 days after appointment and prior to entering into the duties of a notary public, the bond, oath of office and commission must be recorded in the office of the recorder of deeds of the county in which the notary public maintains an office.
(2) Upon reappointment, the bond, oath of office and commission must be recorded in the office of the recorder of deeds of the county in which the notary public maintains an office.
(3) Within 90 days of recording under this subsection, a copy of the bond and oath of office must be filed with the department.
(e) Issuance.--
On compliance with this section, the department shall issue to an applicant a commission as a notary public for a term of four years.
(f) Effect.--
(1) A commission to act as a notary public authorizes a notary public to perform notarial acts. If a notary public fails to comply with subsection (d.1) or (d.2), the notary public's commission shall be null and void.
(2) A commission to act as a notary public does not provide a notary public any immunity or benefit conferred by law of this Commonwealth on public officials or employees.
(July 9, 2014, P.L.1035, No.119; Nov. 3, 2022, P.L.2151, No.154, eff. 60 days)
2022 Amendment. Act 154 amended subsec. (d.1).
2014 Amendment. Act 119 amended subsecs. (b) and (d.2). Section 4 of Act 119 provided that the amendment of subsecs. (b) and (d.2) shall take effect 180 days after publication of the notice under section 4 of Act 73 of 2013 or immediately, whichever is later.
Cross References.
Section 321 is referred to in sections 323, 327 of this title.