PA Notary Public - UPDATE April 13, 2020 Pennsylvania Permits RONs For Court Reporter-Notaries, Some Real Estate Transactions And Estate-Related Documents The Pennsylvania Department of State announced the suspension of the requirement for Notaries who are court reporters/stenographers participating in criminal, civil and administrative proceedings to be physically present during the notarization. The suspension will continue for the duration of the state’s declared disaster emergency. Current Pennsylvania law requires notarial acts, including electronic notarizations, to be done in the physical presence of the notary. The Pennsylvania Court Reporters Association has been substantially impacted by the COVID-19 virus. The Pennsylvania Supreme Court also issued an order declaring a statewide judicial emergency. As a result, depositions, arbitrations, hearings and many other proceedings are being cancelled. However, they could be held via phone conference, videoconference or web deposition if a court reporter is able to participate remotely. In addition, the Governor has approved a waiver temporarily suspending the personal appearance requirement in current state law to allow Notaries to carry out their duties remotely for the following real estate transactions: Personal real estate transactions that were already in process when the disaster emergency was declared. For example, an agreement of sale had been completed for the residential property and only the closing for the transaction remained. All commercial real estate transactions, including those already in process as well as new transactions. All Notaries who want to use audio-visual technology as an alternative to personal appearance must: Become an approved Pennsylvania electronic notary by submitting a free application. Use an e-notary solution already approved by the Department that offers remote notarization technology. Indicate in the notary certificate that the notarial act was performed by means of communication technology. The following statement will satisfy that requirement: “This notarial act involved the use of communication technology.” RON providers approved by the Department: DocVerify (for general use) Safe-Docs (for general use) Pavaso (for title companies and other real-estate transactions) Notaries must execute all notarial acts in accordance with all other requirements of state law. On April 2, the Pennsylvania Department of State announced that is permitting some estate-related documents to be notarized using remote notarization. Notaries may use audiovisual communication technology as an alternative to personal appearance when notarizing the following documents: Powers of attorney Self-executing wills Temporary guardianships Advance healthcare directives and healthcare powers of attorney Living wills Standby temporary guardianships Any Notary who uses audiovisual technology when notarizing these documents must first become an approved Pennsylvania electronic Notary and use an eNotary solution approved by the Department of State that offers remote technology (see above). Notaries must follow all other requirements of the Revised Uniform Law on Notarial Acts (RULONA) and any amendments to the RULONA as introduced in the Pennsylvania General Assembly. These include multi-factor identity verification, use of tamper-evident technology and creating and maintaining an audio-video recording of the notarial act.