6.1 Prohibited Acts Under RULONA
Key Takeaways
- Section 304 of RULONA disqualifies a notary whose notary or whose spouse has a direct or pecuniary interest in the record
- Disqualification turns on beneficial interest, not on family relationship by itself
- Three statutory exceptions exist: public-company shareholder, officer/director/employee without personal benefit, and a non-contingent employer bonus
- A notary may never notarize their own signature or notarize without the signer personally appearing
- Pre-dating, post-dating, or completing a certificate for an act that did not occur is a falsification and grounds for discipline
The Disqualifying-Interest Rule (Section 304)
The single most-tested prohibition in Pennsylvania is the disqualifying-interest rule in 57 Pa.C.S. § 304. A notary may not perform a notarial act on a record if the notary or the notary's spouse is a party to or has a direct or pecuniary (financial) interest in the transaction.
The test is the interest, not the relationship. Notarizing for a cousin or a friend is permitted if the notary gains nothing; notarizing a deed that transfers property to the notary is prohibited even if a stranger signs it.
| Situation | Permitted? | Reason |
|---|---|---|
| Notary signs and notarizes own signature | Never | Notary is the signer/party |
| Notary is named beneficiary in the will being acknowledged | No | Direct interest |
| Notary's spouse is a party to the record | No | Spousal interest is imputed |
| Notary receives the property, vehicle, or proceeds | No | Pecuniary interest |
| Notary's adult child signs a record the notary gains nothing from | Yes | No disqualifying interest |
| Notary notarizes a co-worker's affidavit | Yes | No interest |
Common trap: the exam frequently frames a spouse signing a mortgage or deed. Because spousal interest is imputed, the notary is disqualified — not because spouses are categorically barred, but because the spouse (and thus the notary) has a direct interest.
The Three Statutory Exceptions
Section 304 defines three situations that do not count as a direct or pecuniary interest, so the notary may still act:
- Public-company shareholder — the notary may own stock in a publicly traded company that is a party to the transaction.
- Officer, director, or employee — the notary may be an officer, director, or employee of a company that is a party, unless the notary personally benefits beyond item 3.
- Non-contingent employer payment — the notary may receive a fee, bonus, or reward from the notary's employer that is not contingent on completing the notarized transaction.
If a payment is contingent on the deal closing, exception 3 fails and the notary is disqualified.
Personal Appearance Is Mandatory
RULONA requires the signer (or the person making an acknowledgment, oath, or affirmation) to personally appear before the notary at the time of the act. A notary may never:
- Notarize a signature when the signer is not physically (or, for approved remote acts, audio-visually) present
- Notarize a signature mailed in or signed earlier outside the notary's presence
- Rely on a third party vouching that "she really signed it"
Failure of personal appearance is the most fundamental notarial violation and is routinely the basis for revocation and civil liability.
False Certificates and Other Prohibited Acts
The notarial certificate must state only what actually happened. Falsifying any element is grounds for discipline and may be a crime.
| Prohibited Act | Why It Is Barred |
|---|---|
| Pre-dating or post-dating a certificate | Falsifies the date of the act |
| Certifying an act that did not occur | Fraudulent certificate |
| Notarizing an incomplete record (blanks left) | Invites later fraud/alteration |
| Notarizing under an expired or suspended commission | No authority to act |
| Performing an act outside Pennsylvania | Beyond commission jurisdiction |
| Using the official stamp on a record the notary did not notarize | Improper use of stamp |
A notary should also decline when the signer appears coerced, lacks capacity, or does not appear to understand the record, even though no statute lists every such case — the honesty/integrity/competence standard of § 321 reaches these.
Refusing Service Is a Duty, Not a Discourtesy
When any prohibition applies, the correct action is to refuse the notarization and, where appropriate, direct the signer to another notary or to an attorney. Refusing on proper grounds is never itself a violation; performing a barred act to be accommodating is. A notary who feels pressured by an employer to notarize improperly — to skip personal appearance, backdate a certificate, or notarize despite a disqualifying interest — must still refuse, because the commission is held by the individual notary, not the employer, and the individual bears the discipline.
Note the difference between a prohibited act and a permissible discretionary refusal. RULONA lets a notary decline a lawful request for cause, but it forbids refusing service for an unlawful reason such as the signer's race, religion, or national origin, or because of how the person looks or speaks. The exam may pair a disqualifying-interest fact pattern with a wrongful-refusal distractor; choose refusal only when a real prohibition or genuine doubt (identity, capacity, willingness) exists.
Quick Reference: Always vs. Never
- Always required: personal appearance; satisfactory evidence of identity; a complete, truthful certificate; acting only within Pennsylvania and within the commission term.
- Never permitted: notarizing your own signature; acting with a disqualifying interest (notary or spouse); notarizing blanks; falsifying the date or the act; using "notario publico"; giving legal advice.
Exam Focus
- Disqualifying interest: notary or spouse has a direct/pecuniary interest → refuse.
- Relationship alone: not disqualifying; interest is the test.
- Three exceptions: public-company stock; officer/director/employee w/o personal benefit; non-contingent employer bonus.
- Personal appearance: always required — never notarize a mailed-in or earlier signature.
- Certificate: must reflect the true act and date; no blanks.
Under Section 304 of RULONA, when is a Pennsylvania notary disqualified from performing a notarial act?
A notary is an employee of a title company and is offered a $500 bonus that is paid only if a particular closing she notarizes is completed. May she notarize that closing?
A signer mails a pre-signed affidavit to a notary with a note asking the notary to notarize it. What must the notary do?