2.2 Personal Appearance Requirement
Key Takeaways
- Under 57 Pa.C.S. § 306, the individual must personally appear before the notary for every act except certifying a copy.
- Personal appearance means the signer and notary can see, hear, communicate, and exchange ID in each other's physical presence.
- Ordinary video or phone calls such as FaceTime, Zoom, or Skype do not satisfy personal appearance.
- Only a notary authorized under Act 97 of 2020 may satisfy appearance remotely through approved RON technology.
- A notary must refuse when the signer is absent, impaired, coerced, or sends a third party in their place.
The Statutory Rule
Personal appearance is the backbone of a valid notarization, and it is the single most-tested compliance concept on the exam. Under 57 Pa.C.S. § 306, for an acknowledgment, a verification on oath or affirmation, a witnessing or attesting of a signature, or the taking of a sworn statement, the individual must personally appear before the notary. The notary must also have personal knowledge or satisfactory evidence of the individual's identity.
"Personally appear" has a precise meaning under Pennsylvania law: the notary and the individual must be able to see, hear, communicate with, and exchange identification documents with one another without the use of electronic devices such as telephones, computers, video cameras, or fax machines. In plain terms, the signer must be physically standing in front of the notary at the moment the act is performed.
Which Acts Require Appearance
Nearly every act requires the signer to appear. The one classic exception is certifying a copy, because the notary is comparing a copy to an original document rather than verifying a person's identity or signature. (Noting a protest concerns commercial paper, not a personally appearing signer.)
| Notarial Act | Must the signer personally appear? |
|---|---|
| Acknowledgment | Yes |
| Verification on oath or affirmation | Yes |
| Witnessing or attesting a signature | Yes |
| Administering an oath or affirmation | Yes |
| Certifying or attesting a copy | No (no signer to verify) |
| Noting a protest | Not applicable in the usual sense |
Memorize the rule as: "Everyone appears except a copy." If an exam scenario describes a signer who is not physically present, the act is invalid unless the notary holds remote authorization.
What Does and Does Not Count
The exam tests appearance through realistic traps. A signer's friend cannot "bring in" a pre-signed document; a power of attorney does not let an agent appear in place of the principal for the principal's own signature; and a phone call where the signer confirms identity verbally is invalid.
| Satisfies appearance | Does NOT satisfy appearance |
|---|---|
| Signer physically in the notary's presence | Signer on the telephone |
| Signer present via an approved RON platform (if authorized) | Signer on FaceTime, Zoom, or Skype (without RON authority) |
| Face-to-face meeting with ID exchanged | A third party delivering the signer's document |
| A signer mailing in an already-signed record |
Red-flag refusals. A notary must decline to act when the signer is not present, appears impaired or confused, seems coerced, does not appear to understand the document, or sends someone else in their place. Acting anyway exposes the notary to civil liability and disciplinary sanctions.
The Only Remote Exception: Act 97 of 2020
The sole lawful way to satisfy appearance without physical presence is Remote Online Notarization (RON), authorized by Act 97 of 2020 and codified at 57 Pa.C.S. § 306.1. RON is a narrow, regulated exception, not a general permission to notarize over video.
| RON requirement | Detail |
|---|---|
| Authorization | Notary must be specifically approved by the Department of State for RON |
| Technology | An approved two-way audio-video communication platform |
| Identity | Credential analysis plus knowledge-based authentication (KBA) |
| Recording | An audio-video recording of the session must be retained |
The exam point is simple but strict: an ordinary commissioned notary who has not obtained RON authorization may never use video to satisfy appearance. If the fact pattern does not say the notary is RON-authorized with an approved platform, treat any non-physical appearance as invalid.
Why Personal Appearance Exists
The rule is not bureaucratic formality; it is the core fraud-prevention mechanism of the entire notarial system. Physical presence is what lets the notary perform the three independent judgments that make a notarization trustworthy.
| Purpose | What the notary observes |
|---|---|
| Identity | The notary sees the person, compares their face to the photo identification, and confirms the name on the document |
| Willingness | The notary watches for signs of coercion, duress, or hesitation, and may ask whether the person is signing freely |
| Awareness/competence | The notary gauges whether the signer appears alert, oriented, and aware that they are signing the document |
None of these judgments can be made reliably over the phone or through a forwarded document. If a signer arrives confused, heavily medicated, or accompanied by someone who answers questions for them and pressures them to sign, the notary should pause and, if the concern is not resolved, refuse. Documenting the refusal in the journal protects the notary if the matter is later disputed.
A practical exam tip: when a scenario emphasizes that the notary "never met" or "could not see" the signer, the intended answer is almost always that the act is improper. Personal appearance is the fact pattern's center of gravity, so read carefully for any hint that the signer was not truly present and identifiable at the precise moment the notarial act was performed.
Under 57 Pa.C.S. § 306, which notarial act does NOT require the individual to personally appear before the notary?
A signer cannot come to the office and asks to complete an acknowledgment over FaceTime. The notary holds an ordinary commission with no remote authorization. What should the notary do?
What does Pennsylvania law require for an individual to have 'personally appeared' before a notary?