Notary Public in Pennsylvania: What a Notary Can and Cannot Do

What does a notary public do in Pennsylvania?

A notary public is commissioned by the Pennsylvania Department of State, the state agency that oversees notaries, for a four-year term. Under the state's notary law (RULONA), a notary can perform six notarial acts:

• Acknowledgment: you tell the notary that the signature is yours and that you signed for the purpose stated in the document.
• Oath or affirmation: you swear or solemnly promise, in front of the notary, to tell the truth.
• Verification on oath or affirmation (often called a jurat or affidavit): you swear that what is written is true and you sign in front of the notary.
• Witnessing or attesting a signature: the notary confirms who you are and that the signature is yours.
• Certifying a copy: the notary confirms the copy is a complete and accurate reproduction of the original. This is the only act where the signer does not have to appear.
• Noting a protest of a negotiable instrument: a rare business act, not relevant to car paperwork.

A Pennsylvania notary can work in any county of Pennsylvania, but not outside the state. The commission is personal: nobody else may use the notary's stamp. What the notary confirms is who signed. A notary is not there to tell you whether the document is correct or wise.

What can a notary NOT do in Pennsylvania?

• Give legal advice or help write legal documents, unless the person is also a licensed attorney.
• Act as an immigration consultant or represent you in immigration matters, and charge money for any of this.
• Certify copies of birth, death or marriage records, or corporate records such as Articles of Incorporation. Only the agency that holds the original can certify those.
• Perform marriages or issue marriage licenses.
• Notarize outside Pennsylvania or lend their stamp to anyone else.
• Notarize a record in which they or their spouse have a personal financial interest.
• Issue an apostille. That is done by the Department of State (see below).

A notary may refuse if not satisfied that you are competent, that you sign knowingly and voluntarily, or that your signature and photo match your ID. A notary may not refuse because of race, color, national origin, religion, sexual orientation, gender identity, disability or marital status.

Notary public vs notario vs lawyer: how do I avoid notario fraud?

In many Latin American countries a “notario público” is a lawyer who can give legal advice. In the United States a notary public is not a lawyer, not a tabelião and not an escrivão. The word is the same; the job is not. Some people take advantage of that confusion and charge for immigration or legal “help” they are not allowed to give. The Department of State's advice:

• Never pay someone just to refer you to a lawyer.
• Check that a lawyer is licensed with the Pennsylvania Disciplinary Board's attorney search. Walk away if they cannot prove it.
• Never sign a blank form or a document you do not understand. Bring a trusted person to translate.
• Get a written contract with all fees, and an itemized receipt for every payment.
• Be wary of anyone who offers to “find” a sponsor or spouse for a green card. That is illegal.

A notary who advertises must include the statement “I am not an attorney licensed to practice law in this Commonwealth” in every language used in the ad. You can look up a notary on the state's notary search and report abuse through the Department of State's notary complaint page.

What do I need to get a document notarized?

• Be there in person. Video or audio calls do not count, except with a notary approved by the state for remote online notarization (permanent in Pennsylvania since Act 97 of 2020). Every signer must appear.
• A valid ID. The notary can rely on a current, unexpired passport, driver's license or government-issued non-driver ID. Another current government ID with your photo or signature may be accepted if the notary is satisfied, or a credible witness who is personally known to the notary can vouch for you.
• The document, with all blanks filled in. Do not sign an affidavit or other sworn statement before you arrive.
• Money for the fee (see the next section).

Ask the office that asked for the notarization (a PennDOT agent, a bank, a school, a foreign office) which act it wants. A notary cannot give legal advice or decide that for you.

How much does a notary charge in Pennsylvania?

The Department of State sets the maximum fee for each notarial act. A notary cannot charge more, and may charge less or waive the fee.

A notary approved for electronic or remote notarization may charge up to $20 more per act. Copies, postage, phone and travel are “clerical or administrative” costs: they are not capped at a fixed amount, but they must be customary and reasonable, explained to you before the notarization, and shown separately on the receipt. A notary who charges must either post the fees in a visible place or give them to you on request, and must give an itemized receipt.

Which car papers may need a notary in Pennsylvania?

PennDOT's page on buying and selling a vehicle says the seller's signature on a Pennsylvania title must be notarized or verified, and that buyer and seller should meet at a notary, tag service or dealer to complete the title application. PennDOT's FAQ says both parties sign in front of a notary, so plan for buyer and seller to come together, each with ID. “Verification” in place of a notary is limited to certain licensed dealers and auctions; every other issuing agent must keep notarizing. United Business Center is an authorized PennDOT agent with notary service, so we can notarize the signatures and prepare the title transfer for buyer and seller. The seller's signature may also need a notary on some out-of-state titles.

• Bringing a car from another state: PennDOT lists VIN verification by a certified inspection mechanic or a notary as one option (the other is VIN tracing).
• Duplicate title (lost title): under PennDOT's newer rules, forms such as MV-38O carry an unsworn declaration instead of a notary, but older versions of the form still need one. Check the version you hold. See lost car title in Pennsylvania.
• Selling your car: see selling a car in Pennsylvania.
• Power of attorney and lien forms: PennDOT's secure power of attorney (MV-POA) is a dealership and insurance-company form. For any other power of attorney or lien paperwork, ask us or PennDOT before you sign anything.

Is an apostille the same as notarizing a document?

No. An apostille is a certificate for documents that will be used outside the United States, and it is issued by the Pennsylvania Department of State, not by a notary. It authenticates the signature of a Pennsylvania public official. The Department lists a fee of $15 per document, accepts originals only (not photocopies), and says mailed requests were taking about two to three weeks, not counting mailing time.

Some papers, such as diplomas, transcripts and criminal record checks, must first be notarized by a Pennsylvania notary before the Department can certify them. Vital records (birth, death) go to the Pennsylvania Department of Health. Check the Department's document certification page and the rules of the destination country before you start.

Frequently asked questions

What can a notary do in Pennsylvania?

A notary can take acknowledgments, administer oaths and affirmations, take sworn statements (affidavits), witness or attest signatures, certify certain copies and note protests. They can do this anywhere in Pennsylvania.

Is a notary public the same as a lawyer or a notario?

No. In the U.S., a notary is not a lawyer and cannot give legal advice unless also licensed as an attorney. In many Latin American countries “notario público” means a lawyer, which is why the confusion is used for fraud.

How much does a notary cost in Pennsylvania?

The state maximum is $5 for most acts, such as an acknowledgment, an oath, a sworn statement or a certified copy, and $2 for each additional name on an acknowledgment. Remote or electronic notarization may add up to $20 per act, and reasonable disclosed costs like travel are separate.

Do I have to be there in person?

Yes, for almost everything. Video calls only count with a notary approved by the state for remote online notarization. Copy certification is the exception: it does not require the signer to appear.

What ID does a Pennsylvania notary accept?

A current, unexpired passport, driver's license or government-issued non-driver ID. Other current government ID with a photo or signature may be accepted if the notary is satisfied. The notary makes the final call.

Can a notary certify a copy of my birth certificate?

No. Pennsylvania notaries cannot certify copies of birth, death, marriage or corporate records. Only the agency that holds the original can.

Who issues an apostille in Pennsylvania?

The Pennsylvania Department of State (Secretary of the Commonwealth), not the notary. The listed fee is $15 per document and you send the original.