Friday, July 8, 2011

Pennsylvania notary law: discrepancy

In Pennsylvania, a notary posts a $10,000 surety bond to guarantee, among other things, "the delivery of the notary's ... seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event" (emphasis mine).

That's section 8 of The Notary Public Law of the state.

OK, nothing too surprising there.

Until one reads section 22.1(a), where it requires the seal to be delivered to the Secretary of State.

It's not an idle question.

If collateral was posted to secure the bond, the notary would like to get the asset unencumbered. Failure to deliver it to the Secretary of State, on the other hand, can result in a fine of up to $300 and/or 90 days in the clink.

Here are the relevant sentences in full for those interested:

Excerpt, Section 8: "Every such bond shall have as surety a duly authorized surety company or two sufficient individual sureties, to be approved by the Secretary of the Commonwealth, conditioned for the faithful performance of the duties of the office of notary public and for the delivery of the notary's register and seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event."

Excerpt, Section 22.1(a): "Should an application or renewal be rejected, or should a commission be revoked or recalled for any reason, or should a notary public resign, the applicant or notary shall deliver the seal of office to the Department of State within ten (10) days after notice from the department or from the date of resignation, as the case may be. Any person who violates the provisions of this subsection shall be guilty of a summary offense and upon conviction thereof shall be sentenced to pay a fine not exceeding three hundred dollars ($ 300) or to imprisonment not exceeding ninety (90) days, or both."

Excerpt, Section 22.1(b): "(b) Upon the death of a notary public, the notary’s personal representative shall deliver the seal of office to the Department of State within ninety (90) days of the date of the notary’s death."


Image courtesy of Master isolated images

No comments:

Post a Comment