* COURSE MATERIAL *

The basic role of a notary public in our legal system and in the world of commerce is to prevent fraud. Notaries deter fraud when they perform their duties with diligence and obey the laws governing their duties. The basic requirement for performing a notarization is that the person who is taking an oath or making an acknowledgment (the one whose signature is being notarized) must be present at the time of the notarization. The current law requires the presence in person before the notary at the time that the instrument is notarized and the notarization must take place within the boundaries of the Commonwealth of Pennsylvania.

NOTARIZING: STEP BY STEP
Examine the Document.
It is not necessary to read every word of the document, but you should scan the entire document to make sure it is complete BEFORE notarizing.
Check the Notarial Certificate.

This language should reflect the location where the document is being notarized. If it is incorrect, change the language and initial the change BEFORE notarizing.

SECOND, check the date. If an incorrect date has been filled in, strike through that date, write in the correct date, and initial the change BEFORE notarizing. The correct date is the actual date of notarization. The date of the notarization will always be the date the notarization was made. Notarization cannot be backdated. Do not erase or use white-out.

THIRD, look for the key words, "sworn" or "acknowledged", to determine if you are to administer an oath or take an acknowledgment. If the document does not have a notarial certificate, the signer must tell you which notarial act the document requires. At the signer’s direction, you may write or type the appropriate certificate on the document. You can refuse to notarize unless the signer attaches the correct certificate to the document.

IDENTIFY THE PERSON:
This is one of the most important steps. You must either personally know the signer or have satisfactory evidence that the person appearing before you is the person described in and who is executing the instrument. 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, and 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.

Satisfactory Evidence means the presentation of a current government issued identification card bearing a photograph, signature or physical description of the individual and a serial or identification number.

A drivers’ license from any state that contains minimum required evidence.
A government issued identification card.Passport issued by the United States Department of State.
Passport issued by a foreign government, if stamped by the U.S. Department of Justice, Immigration and Naturalization Service Identification card issued by any branch of the U.S. Armed Forces.
A social security card is acceptable according to the office of Chief Counsel of the Pennsylvania Department of State since it is government issued and contains a signature and serial number but we do not encourage its acceptance as proof of identity. (Banks generally do not accept as proof of identity.)

If you have a doubt about a form of identification that the signer presents to you, ask for a second form of I.D. Compare the signature on the document to be notarized with the signature on the identification card. Also having the signer sign the register gives you another opportunity for signature comparison.

You are not responsible for the contents of the document; however, you should be satisfied that the signer has read and understands the document, and that the signer is competent and willing to sign. If the signer has unanswered questions about the document or its effect, you should refer him or her to an attorney and not notarize.

If the signer is blind or illiterate, read the document to him or her. You should not notarize a document written in English if the parties to the document who appear before you speak a foreign language unfamiliar to you. You should refer the parties to another notary who speaks the foreign language, or to the foreign consulate, or to an attorney.

If the person is unable to sign their name because of illiteracy or physical disability, question the signer to make sure that they understand the effect of the document to be signed and have them make their mark next to their printed name on the instrument and attach a certificate to read as follows:

On this, the 1st day of July, 2005, before me, the undersigned officer, personally appeared John Doe, known to me (or satisfactorily proven to be) the (declarer, grantor, etc.,) and, who being unable to affix his signature to the within instrument, placed his mark thereon, and directed his name to be subscribed hereto and acknowledged that he executed the same for the purposes therein contained.

Make sure that the name of the person or persons and any witnesses to the document are printed or written legibly in the document. There have been many court cases arising from the inability to determine the names of the persons named in an instrument.

When administering an oath, make sure that the person understands that he or she is swearing (or affirming) that the contents of the document are true.

When taking an acknowledgment, make sure that the person is entering into the transaction of his or her own free will.

Complete the Jurat or Certificate. (A jurat is that portion of an affidavit in which the person has sworn that the contents of his/her written statement are true, filled in by the notary public with the date, name of the person swearing, sometimes the place where sworn and the name of the person before whom the oath was made.)

Make sure that the jurat or certificate contains all the information required by the law. If the notarial certificate is incomplete, write in the additional information.

Sign your name, print or type your name below your signature, and affix your notary seal. Sign in black or blue ink only. Do not use any other color.

When performing notarizations, you are generally required to complete a notarial certificate of the act. The certificate is a record of what occurred at the time of the notarization, and you are responsible for ensuring that the certificate is complete and accurate. You will note that the notarial certificates for an oath (or affirmation) or an acknowledgment contain these eight basic elements:

Venue (the location of the notarization)
Type of notarial act (oath/affirmation or acknowledgment)
That the signer personally appeared before the notary ("before ME")
Actual date of notarization
Name of person whose signature is being notarized
Signature of notary
Name of notary printed/typed/stamped below signature
Notary Seal

Never affix your seal and signature to a document that does not contain proper notarial wording.

SAMPLE

On this, the 1st day of July, 2011, before me Alvin Notary, the undersigned officer, personally appeared John Doe, known to me (or satisfactorily proven to be the person whose name is subscribed to the within instrument, and who acknowledged that he executed the same for the purposes therein contained.

(Some notarial certificates may vary in format, but any certificate should contain all these elements.)

Preprinted notarial certificates designed to be attached to a document should be used only in a rare circumstance. Most documents will have a notarial certificate already printed on the document. Use that certificate, but make it comply with Pennsylvania law, if necessary. If the document has no notarial certificate, you should ask the document signer which notarial act is required for the execution of the document (an oath/affirmation or an acknowledgment). At the signer’s direction, you may type or print the appropriate certificate on the document below the designated signature line for the document signer. Only in rare circumstances should you actually attach a "loose certificate". If you do, be sure to state in the notarial certificate the exact document and signature to which the notarization applies.