What a Notary Is or Is Not Marc L. Aronson President and CEO Pennsylvania Association of Notaries

1. What a Notary Is or Is Not Marc L. Aronson President and CEO Pennsylvania Association of Notaries July 14, 2012

3. Application • Appointing authorities • Secretary of State • Governor • Lt. governor, county clerk, judge • Other state department • Application fee • $5 to $120 • Average is $25 - $30

4. Qualifications • Age of applicant • 18 years of age • NEBRASKA requires applicant to be 19 • U.S. citizenship • 18 states require U.S citizenship or legal residency • Criminal background check • California, Minnesota, New Hampshire, Oregon, South Dakota

5. Qualifications • Language Proficiency • 22 states require applicants to be able to read and write English • Bond • 31 states require a bond; $500 to $25,000 • 20 states do not require a bond

6. Educationand Testing

7. Commissioning • Length of commission • 32 states commission notaries for four years • Range is two years to 10 years • Non-resident commission • 29 states permit non-residents to hold a notary commission

8. Stamp or Seal • Rubber stamp • 41 states require or permit a rubber stamp • NEW JERSEY – stamp or seal is optional • Embossing seal • Only D.C. requires an embossing seal • 28 = YES; 14 = NO; 9 = OPTIONAL • Ink color • 10 states specify dark or black ink • UTAH requires purple

9. Records and Fees • Journal or register • 17 states require a journal or register • 34 states do not require a journal or register • All states recommend the practice • Fees • Minimum of 10 cents; maximum of $10 • 10 = $2; 13 = $5; 6 = $10 • Six states do not specify fees

10. PRIA White Paper “Notary Best Practices for Recordable Documents”

11. PRIA White Paper • Notary Best Practices for Recordable Documents • Expedite processing of recordable documents; • Encourage consistency, accuracy and completeness of notarial certificates; • Ensure readability of documents and the signatures, dates and notarial seals placed on them; and • Reduce rejections of documents submitted for recording.

12. PRIA White Paper • Notary Best Practices for Recordable Documents “Whether the document is on paper or in electronic form, the notary’s essential function is the same.”

13. PRIA White Paper • Notary Best Practices for Recordable Documents “Because the enforceability of a recorded document may be affected by the quality of its acknowledgment, the significance of a proper notarizationcannot be overstated.”

14. PRIA White Paper • Notary Best Practices for Recordable Documents “PRIA encourages specific standards for notaries who handle recordable documents and for commissioning authorities who appoint, oversee and discipline notaries.”

15. PRIA White Paper • Notary Best Practices for Recordable Documents “Uniform state laws would be helpful to the property records industry.”

16. RULONA • Revised Uniform Law on Notarial Acts Seven Years in the Making • 2005 – Had an idea in the shower …

18. RULONA • Revised Uniform Law on Notarial Acts Seven Years in the Making • 2005 – Had an idea in the shower … • 2006 – Study Committee approved; first conference call • 2007-2009 – Drafting Committee meetings/calls • 2010 – Final draft approved • 2011-2012 – Adopted in North Dakota, Iowa • 2012 – Bills in Oklahoma, Pennsylvania and Tennessee

19. RULONA • Revised Uniform Law on Notarial Acts • Retains existing notary practices and procedures • Strengthens the law in problem areas • Raises the bar on notary education • Expands grounds for denying, refusing to renew, revoking or suspending notary commissions • Repeals the Uniform Acknowledgment Act

20. RULONA • Revised Uniform Law on Notarial Acts What’s in it for recorders of deeds? • Notaries who understand duties and responsibilities • Documents that are recordable • Secretary who can sanction and/or remove errant notaries • Clearer path to e-Notarization in the future

21. PRIA White Paper • Notary Best Practices for Recordable Documents Best Practices for Notaries Public • What the notarial form should look like • What the notary should do • What the notarial seal should look like • Making corrections

22. PRIA White Paper • Notary Best Practices for Recordable Documents Best Practices for Commissioning Authorities • Screening of applicants for commission • Need for recordkeeping as evidentiary tool • Physical presence and proper identification of the signer

23. PRIA White Paper • Notary Best Practices for Recordable Documents Best Practices for Commissioning Authorities • Notary education and testing • Bonding • Sanctions

24. PRIA White Paper • Notary Best Practices for Recordable Documents E-Notarization • e-Recording systems are mainstream • Most common model is “Model 2” • “Wet ink signature” prevents a fully electronic document • RULONA should allow transition to “Model 3”

25. Long DistanceNotarization • A Virginia law passed in the spring of 2011 took effect on July 1. • The law allows individuals to "appear" via video-conference instead of visiting a notary's office. • Online Virginia notaries can provide the service for individuals in any part of the U.S. • There is an audio and video record of the transaction. • The signed, notarized documents, typically PDFs, are tamper-evident.

26. Thanks for coming! Marc L. AronsonPresident and CEO Pennsylvania Association of Notaries maronson@notary.org 800-944-8790, Ext. 113