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BACKGROUND
As
public officials who are appointed and commissioned by the Secretary of the Commonwealth,
notaries public are held to the highest standards of integrity, honesty and
trust. Notaries public are also playing an ever more vital role in commerce
and are on the front lines of deterring document fraud, particularly in light
of heightened security concerns and the increased threat of identity theft.
In Pennsylvania, a notary public has the power to administer oaths
and affirmations, certify copies and take depositions, affidavits, verifications, upon oath or affirmation and acknowledgments.
In addition, notaries public are authorized to issue protests. Notaries
public commissioned in Pennsylvania are authorized to notarize
documents in any county in Pennsylvania.
HISTORY
The office of notary public is an
important position of public trust that has experienced many changes since
its inception in ancient Rome. At that time, notaries public
served as public scribes, writing for those who did not know how and acting
as document authenticators. Pennsylvania first enacted a law governing
notaries public in 1791. Under that first law, the Governor had the authority
to appoint six notaries public for Philadelphia and three for the remaining
counties.
The authority to appoint notaries public was
transferred from the Governor to the Secretary of the Commonwealth by the
Notary Public Law of 1953. The 1953 statute also streamlined the procedure
for being appointed a notary public in the state.
On December 9, 2002, Pennsylvania enacted the
first major amendments to the Notary Public Law of 1953 in some 50 years
through Act 151 of 2002, effective July 1, 2003, 57 P.S. § 147 et seq.
Among many amendments designed to modernize the
Notary Public Law of 1953, Act 151 contains a provision requiring all notary
public applicants for both an initial appointment and reappointment to submit
proof of having completed three hours of mandatory pre-approved notary public
education within six months immediately preceding application.
The amended Notary Public Law also has expanded
notary public commission eligibility to include nonresidents who are employed
(i.e., maintain an actual physical business address in the state rather than
merely a Post Office Box) in the Commonwealth. Act 151 provides that any
nonresident notary public in Pennsylvania irrevocably appoints the
Secretary of the Commonwealth as the person's agent upon whom
may be served any summons, subpoena, order or other process. The Department
of State will retain the served documents in a file for review by the
nonresident notary public and promptly forward the served documents to the Pennsylvania business address on file upon
request.
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