As of April 20, when Pennsylvania Gov. Tom Wolf signed SB 841, notaries are temporarily authorized to use RON. The authorization will expire 60 days after the termination or expiration of the COVID-19 disaster emergency.
Under the new law, the Pennsylvania Department of State immediately will authorize a notary to conduct remote online notarizations, if the notary gives notice to the department.
The notary must use a communication and identity proofing technology designated in the department’s March 25, 2020, notice of the limited suspension of the requirements of 57 Pa. C.S. Section 306, or that is designated in a list of additional acceptable technologies subsequently adopted by the department.
The notary public must have personal knowledge of the identity of the individual or have satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary, or is able to reasonably identify the individual by at least two different types of identity proofing processes or services.
The notary must be able to identify the record before his or her as the same record in which the remotely located individual made the statement; or on which the remotely located individual executed the signature.
The notary must create an audio-visual recording of the performance of the notarial act, including all interactions between the notary and the remotely located individual.
If the remotely located individual is outside the United States, the record must be filed with or related to a matter before a court, governmental entity, public official or other entity under the jurisdiction; or involves property located in the United States or a transaction substantially connected with the United States. The act must not be prohibited by the foreign state where the individual is located.
The notarial certificate must indicate that the notarial act was performed via audio-video technology.
“Before promulgating, amending or repealing regulations about the performance of a notarial act with respect to a remotely located individual, the department shall consider, if consistent with this subchapter, all of the following:
- The most recent standards regarding the performance of a notarial act with respect to remotely located individuals promulgated by a national standard-setting organization. This paragraph includes the National Association of Secretaries of State.
- Standards, practices and customs of other jurisdictions that enact a statutory provision substantially similar to this section.
- The views of governmental officials and entities and other interested persons,” the bill states.
Notwithstanding 57 Pa.C.S. Section 304, a notarial officer may certify that a tangible copy of an electronic record is a true and correct copy of the electronic record. Recorders of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirements that the record be an original, if the notary certifies that the tangible copy is a true and correct copy of the electronic record.