Notary Commission Defense
Representation Before the Pennsylvania Department of State
Notaries public in Pennsylvania are commissioned by the Department of State under the Revised Uniform Law on Notarial Acts (RULONA). The Department may deny, refuse to renew, suspend or revoke a commission, issue a reprimand or impose conditions, and it may impose administrative penalties for violations of the law.
Matters involving notaries most often arise from a complaint that a signer did not personally appear, that identity was not properly verified, that a journal entry is missing or incomplete, or that a notarial certificate was completed improperly. Matters may also follow the filing of criminal charges or a civil finding of fraud. The growth of electronic and remote notarization has added new requirements and new sources of complaints.
Mimm Law, LLC represents notaries public in commission matters before the Department of State, from the initial inquiry through final order.
Governing Law
- Agency
- Pennsylvania Department of State
- Statute
- Revised Uniform Law on Notarial Acts, 57 Pa.C.S. Chapter 3
- Regulations
- 4 Pa. Code Chapter 167
- Licensees
- Notaries public and electronic notaries
- Term
- Four-year commission
Commissions the Department Issues
- Notary public commission
- Electronic notary public status (notice to the Department and use of a Department-approved technology provider)
- Authorization to perform remote notarial acts using approved technology
Grounds for Discipline
Section 323 of RULONA authorizes the Department to act on a commission for conduct showing a lack of honesty, integrity, competence or reliability, including:
- Failure to comply with RULONA
- A fraudulent, dishonest or deceitful misstatement or omission in the commission application
- Conviction of, or Accelerated Rehabilitative Disposition for, a felony or an offense involving fraud or dishonesty
- A finding or admission of liability in a legal proceeding or disciplinary action based on fraud, dishonesty or deceit
- Failure to perform the duties the law requires of a notary
- False or misleading advertising concerning a notary's authority
- Violation of the Department's regulations
- Denial, refusal to renew, revocation or suspension of a notary commission in another state
- Failure to maintain the required bond
Sanctions the Department May Impose
The Department may deny, refuse to renew, revoke or suspend a commission, issue a reprimand, or impose conditions on a commission, and it may impose an administrative penalty of up to $1,000 per violation. Certain conduct, including impersonating a notary, is also subject to criminal prosecution. Any other violation of RULONA or the Department's regulations is a summary offense with a fine of up to $1,000.
Obligations That Often Lead to Department Matters
Personal Appearance and Identification
A notary must confirm the identity of each signer by personal knowledge, a credible witness or satisfactory evidence of identity, and the signer must personally appear, physically or through approved communication technology.
The Journal
A notary must maintain a journal of notarial acts as the law and the Department's regulations require. An incomplete or missing journal is often the central issue in a complaint. Entries must be made at the time of the notarial act, a lost or stolen journal must be reported promptly to the Department, and the journal must be delivered to the recorder of deeds in the county of the notary's last office within 30 days after the commission expires, is resigned or is revoked, unless, in the case of expiration, the notary applies for a new commission within that time.
Prohibited Acts
A notary who is not an attorney may not give legal advice, draft legal records or use the terms notario or notario publico, and no notary may withhold a person's original record.
Matters We Handle
- Complaints concerning notarial acts or identification of signers
- Journal and recordkeeping deficiencies
- Fees charged in excess of the permitted amounts
- Electronic and remote notarization requirements
- Criminal convictions and the honesty and integrity standard
- Denial of an application or reappointment
How We Can Help
Department Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Department begins formal proceedings, the time to respond is short, and a missed deadline can have serious consequences. The firm prepares the notary's response, negotiates a resolution where one serves the client's interests, and tries the matter at hearing where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for notaries seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Department.
Questions Notaries Ask
A document I notarized is now the subject of a lawsuit. Am I at risk?
You may be asked to testify, and the Department may review whether the notarial act complied with the law. Your journal entry and any identification records are the most important evidence. They should be preserved and should not be altered.
What is required for remote notarization?
The notary must be physically located in Pennsylvania, must use communication technology that meets the Department's standards, must verify identity by the methods the law allows and must retain the audio-visual recording for the period the law requires. The notary must also notify the Department before performing remote notarial acts.
Will a criminal charge affect my commission?
It may. Conviction of, or ARD for, a felony or an offense involving fraud, dishonesty or deceit is a ground for action against a commission, and a notary must report it to the Department within 30 days of the disposition or on the next renewal application, whichever is sooner.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel. Notaries are commissioned and disciplined by the Department of State under RULONA rather than by a BPOA board, and the firm applies that experience to commission matters as well.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.