DEPARTMENT OF STATE Phase I Electronic Notarization Initiative [35 Pa.B. 7068] Under section 5101 of the Electronic Transactions Act (act) (73 P. S. § 2260.5101), the Secretary of the Commonwealth publishes notice that the provisions of section 307 of the act (73 P.S. § 2260.307) no longer conflict with the requirements and procedures of the act of August 21, 1953 (P. L. 1323, No. 373), known as the Notary Public Law (law) (57 P. S. §§ 147--169) with regard to electronic notarization, acknowledgment and verification. Therefore, duly commissioned notaries public will be permitted to engage in electronic notarizations 30 days following publication of this notice subject to the following conditions:
* The notary public must apply to the Department of State's (Department) Bureau of Commissions, Elections and Legislation (BCEL), 210 North Office Building, Harrisburg, PA 17120, to become an approved electronic notary (e-notary) certifying that the notary has not had any finalized or pending criminal or disciplinary actions since being appointed and duly commissioned as a notary public and must pay the associated $40 application fee. The application form is available from BCEL upon request or on the Department's website at www.dos. state.pa.us, link to Notaries.
* The notary public must receive an approval letter from the Department sent to the notary's office of record authorizing the approved e-notary to participate in the Department's Phase I Electronic Notarization Initiative, described in detail in a document available from BCEL upon request or on the Department's website at www.dos. state.pa.us, link to Notaries, until the end of the Electronic Notarization Initiative or the end of the notary's current 4-year term as a notary public, whichever occurs first.
* The notary public must obtain a digital certificate in the form of an electronic notary seal for a fee from the Federally certified certification authority approved by the Office of Administration and the Secretary of the Commonwealth and selected by the Recorders of Deeds participating in the Phase I Electronic Notarization Initiative. A list of participating recorders of deeds is available from BCEL upon request or on the Department's website at www.dos.state.pa.us, link to Notaries.
* Prior to obtaining a digital certificate, the approved e-notary must appear in person before any of the recorders of deeds participating in the Phase I Electronic Notarization Initiative and present the e-notary approval letter from the Department and satisfactory evidence of identity to the recorder of deeds.
* The approved e-notary must ensure that for each electronic notarization the notary performs that the following information is attached to or logically associated with the electronic signature or electronic record being notarized, acknowledged or verified: the e-notary's full name along with the words ''Notary Public,'' the name of the municipality and county in which the e-notary maintains an office and the date the e-notary's commission is due to expire, under section 12(f) of the law (57 P. S. § 158(f)).
* The notary public must ensure that the individual for whom the notary is performing an electronic notarization personally appears before the e-notary for each electronic notarization performed under section 12.1 of the law (57 P. S. § 158.1).
* Questions about this notice may be directed to the Bureau of Commissions, Elections and Legislation, Department of State, 210 North Office Building, Harrisburg, PA 17120. Information about the Department's Phase I Electronic Notarization Initiative is available at www.dos. state.pa.us (link to Notaries) or upon written request to the Bureau.
Effective date: This notice shall take effect 30 days after publication in the Pennsylvania Bulletin.
PEDRO A. CORTES,
Secretary of the Commonwealth[Pa.B. Doc. No. 05-2416. Filed for public inspection December 30, 2005, 9:00 a.m.]
