Notary public (Pennsylvania)
Encyclopedia
A notary public
in the Commonwealth of Pennsylvania
is empowered to perform seven distinct official acts: take affidavits, verifications, acknowledgments and depositions, certify copies of documents, administer oaths and affirmations, and protest dishonored negotiable instruments. A notary is strictly prohibited from giving legal advice or drafting legal documents such as contract
s, mortgages, lease
s, will
s, powers of attorney
, liens or bonds
.
According to the Pennsylvania Association of Notaries, there are more than 84,000 notaries in the state; 247 of them also have been approved by the Secretary of the Commonwealth to notarize electronically.
Although the notarial office is unique, other officers of the Commonwealth are authorized to act as notaries in some respects. For example, the Secretary and clerks of courts may issue certifications, election officers may administer oaths, and law enforcement officers may take affidavits.
, an essentially identical position. Now, anyone with a regular office located in Pennsylvania can be appointed a Notary; there will be no further Commissioners of Deeds appointed.
However, as early as 1727, British
-appointed notaries sympathetic to the call for American independence began administering “Oaths of Allegiance to the Commonwealth of Pennsylvania,” in which individuals renounced loyalty to Britain. These oaths were documents signed by groups of individuals, in the style of a petition, or were personally written or distributed in a pre-printed form that could be signed, witnessed and sealed. In response to increasing numbers of foreigners arriving in the British colonies, King George II
ordered the administration of “Oaths of Fidelity” and “Oaths of Abjuration” in 1729; the first oath disavowed ties to any monarch other than the British Crown, and the second abjured, or renounced, any connection to the Roman Catholic Church.
Throughout the 17th and 18th century—both before and after the Revolutionary War—notaries and their traveling counterparts, commissioners of deeds, played vital roles in documenting the formation of the country. They performed the notarial acts necessitated by owning property and titling land, electing governmental leaders, and building the economy. The 19th and 20th century saw the numbers of commissioned notaries increase dramatically to meet the needs of developing business and commerce and a related increase in the number of lawsuits.
The Pennsylvania State Archives has preserved examples of the work of notaries throughout the last three centuries in the state. The oldest of these documents involve land records, including the 1681 Land Charter, which transferred ownership of the land that became Pennsylvania from King Charles II of England
to William Penn
. Subsequently, Penn purchased some of the land in parcels from the natives
who occupied it and who Penn considered the rightful owners. Many deeds for so-called Indian lands were drawn up, acknowledged before notaries, and publicly recorded. The State Archives also preserves what is probably the state’s earliest recorded fraudulent land transfers. The 1737 Walking Purchase is an instrument by which Penn’s sons sold Indian land that their father had not purchased to a Europe
an land speculator. This illegal agreement deprived the Delaware Indians of the entire upper Delaware
and Lehigh River
valleys.
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
in the Commonwealth of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
is empowered to perform seven distinct official acts: take affidavits, verifications, acknowledgments and depositions, certify copies of documents, administer oaths and affirmations, and protest dishonored negotiable instruments. A notary is strictly prohibited from giving legal advice or drafting legal documents such as contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, mortgages, lease
Lease
A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...
s, will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
s, powers of attorney
Power of attorney
A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
, liens or bonds
Bond (finance)
In finance, a bond is a debt security, in which the authorized issuer owes the holders a debt and, depending on the terms of the bond, is obliged to pay interest to use and/or to repay the principal at a later date, termed maturity...
.
According to the Pennsylvania Association of Notaries, there are more than 84,000 notaries in the state; 247 of them also have been approved by the Secretary of the Commonwealth to notarize electronically.
Although the notarial office is unique, other officers of the Commonwealth are authorized to act as notaries in some respects. For example, the Secretary and clerks of courts may issue certifications, election officers may administer oaths, and law enforcement officers may take affidavits.
Commissioners of Deeds
Until July 1, 2003, the Commonwealth required notaries to be residents of the state; non-residents were appointed Commissoners of DeedsCommissioner of deeds
A Commissioner of Deeds is an officer having authority to take affidavits, depositions, acknowledgments of deeds, etc., for use in the state by which the person is appointed...
, an essentially identical position. Now, anyone with a regular office located in Pennsylvania can be appointed a Notary; there will be no further Commissioners of Deeds appointed.
Notary Public Law
Pennsylvania notaries are governed by Title 57 of the Pennsylvania Statutes, known as the Notary Public Law. Act 151 of 2002 amended Title 57, bringing about the most significant changes to the Notary Public Law in 50 years. In effect since July 1, 2003, these changes include required education for notaries, specific signer identification procedures, eligibility of nonresidents to hold notarial commission, embossing seal no longer required on notarized documents, and authorization for electronic notarization.History
The first law to govern American notaries in the Commonwealth of Pennsylvania was enacted in 1791. Isaac Craig, a glassmaker in Pittsburgh, was the first notary to be appointed under the new, independent state constitution. Governor Charles Mifflin, the first constitutionally elected governor, appointed Craig, with whom he had served in the Revolutionary War.However, as early as 1727, British
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
-appointed notaries sympathetic to the call for American independence began administering “Oaths of Allegiance to the Commonwealth of Pennsylvania,” in which individuals renounced loyalty to Britain. These oaths were documents signed by groups of individuals, in the style of a petition, or were personally written or distributed in a pre-printed form that could be signed, witnessed and sealed. In response to increasing numbers of foreigners arriving in the British colonies, King George II
George II of Great Britain
George II was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg and Archtreasurer and Prince-elector of the Holy Roman Empire from 11 June 1727 until his death.George was the last British monarch born outside Great Britain. He was born and brought up in Northern Germany...
ordered the administration of “Oaths of Fidelity” and “Oaths of Abjuration” in 1729; the first oath disavowed ties to any monarch other than the British Crown, and the second abjured, or renounced, any connection to the Roman Catholic Church.
Throughout the 17th and 18th century—both before and after the Revolutionary War—notaries and their traveling counterparts, commissioners of deeds, played vital roles in documenting the formation of the country. They performed the notarial acts necessitated by owning property and titling land, electing governmental leaders, and building the economy. The 19th and 20th century saw the numbers of commissioned notaries increase dramatically to meet the needs of developing business and commerce and a related increase in the number of lawsuits.
The Pennsylvania State Archives has preserved examples of the work of notaries throughout the last three centuries in the state. The oldest of these documents involve land records, including the 1681 Land Charter, which transferred ownership of the land that became Pennsylvania from King Charles II of England
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
to William Penn
William Penn
William Penn was an English real estate entrepreneur, philosopher, and founder of the Province of Pennsylvania, the English North American colony and the future Commonwealth of Pennsylvania. He was an early champion of democracy and religious freedom, notable for his good relations and successful...
. Subsequently, Penn purchased some of the land in parcels from the natives
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
who occupied it and who Penn considered the rightful owners. Many deeds for so-called Indian lands were drawn up, acknowledged before notaries, and publicly recorded. The State Archives also preserves what is probably the state’s earliest recorded fraudulent land transfers. The 1737 Walking Purchase is an instrument by which Penn’s sons sold Indian land that their father had not purchased to a Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an land speculator. This illegal agreement deprived the Delaware Indians of the entire upper Delaware
Delaware River
The Delaware River is a major river on the Atlantic coast of the United States.A Dutch expedition led by Henry Hudson in 1609 first mapped the river. The river was christened the South River in the New Netherland colony that followed, in contrast to the North River, as the Hudson River was then...
and Lehigh River
Lehigh River
The Lehigh River, a tributary of the Delaware River, is a river located in eastern Pennsylvania, in the United States. Part of the Lehigh, along with a number of its tributaries, is designated a Pennsylvania Scenic River by the state's Department of Conservation and Natural Resources...
valleys.
External links
- Pennsylvania Association of Notaries
- The Notary Public Law of the Commonwealth of Pennsylvania, from the Division of Commissions, Legislation and Notaries, of the Bureau of Commissions, Elections and Legislation, of the Pennsylvania Department of State