* COURSE MATERIAL *

The proper method for determining the identity of a person appearing before a notary is that “the officer notarizing the instrument shall know through personal knowledge or have satisfactory evidence that the person appearing before the notary is the person described in and who is EXECUTING the instrument".

Under the Pennsylvania Notary Public Law, as amended, “personal knowledge” means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual’s identity,

Remember - The person must appear in your presence before you can notarize a document for that person.

The signature of the person for whom you are notarizing the document must be original.
It may not be a photocopy of a signature; it may not be a FAXED copy of a signature and it must be signed in ink.

“Personal knowledge” means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual‘s identity.

“Satisfactory evidence” means the reliance on the presentation of a current, government-issued identification card bearing a photograph, signature or physical description and serial or identification number or the oath or affirmation of a credible witness who is personally known to the notary and who personally knows the individual and who appears with the individual. (Section 12.1 of the NPL) (A social security card or library card is acceptable but we do not encourage its acceptance as proof of identity.)

Determine whether the signer understands the nature of the document that they are signing.
If the person is illiterate, the document should be read to the person and the contents made known to them by such means as will enable the person to comprehend the nature and effect of his or her act.
If the person does not understand English, an interpreter should make known to the person the contents of the instrument.
Determine that the signer is not being coerced into signing the document and that they are doing so as a voluntary act.

A notary should not notarize a document written in English if the parties to the document who appear before the notary speak a foreign language unfamiliar to the notary. The notary should refer the parties to another notary who speaks the foreign language, or to the foreign consulate, or to an attorney. A notary should not notarize a document in a foreign language that the notary does not understand. You are not prohibited legally from notarizing a document in a foreign language. However, there are numerous potential problems, including the fact that the term notary public, when translated into other languages, can refer to a markedly different office, with far greater authority than in the United States. Also you may be presented with a document in a foreign language that you are not permitted to certify.

You may certify a translation if you are bi-lingual. Certifying a translation is not an authorized duty of a notary public. However, you may notarize the signature of the translator on an affidavit where the translator certifies and swears to the accuracy of his or her translation. If you are the translator for a particular document, you would be translating the document, not in your capacity as a notary public, but as a person who is fluent in both languages required for the translation. You should make an affidavit and have your signature notarized by another notary. The following sample affidavit should be sufficient to certify the accuracy of a translation.

Scan the document for blank spaces. A notary should not notarize an incomplete document – If presented with a document for notarization that you know from experience to be incomplete or that is without doubt on the face incomplete, you should refuse to notarize the document. This lessens the possibility of a legal challenge and helps to prevent fraud. When a document contains blank spaces you can, alternatively, run a line through the blank spaces or “X” them out or initial the blank spaces or make a copy of the document and keep it with the register. Never erase or use white-out. Protect yourself from becoming involved in litigation as a party or as a witness. If terms and conditions are left out of a document when it is notarized, terms unfavorable to the signer may later be inserted into the document. (For example a higher interest rate may later be inserted.)