2 questions

Prohibited

Under RULONA, may a Pennsylvania notary notarize a document in which the notary's spouse is a party?

  • a.Yes, spouses are fine
  • b.No—a disqualifying interest exists if the notary or the notary's spouse is a party or has a direct beneficial interest
  • c.Yes, if the fee is waived
  • d.Only for acknowledgments

RULONA disqualifies a notary from acting if the notary OR the notary's spouse is a party to or has a direct beneficial interest in the transaction. This bright-line rule is broader than some states' and is frequently tested. The notary must decline.

Prohibited

A Pennsylvania notary who is not an attorney advises a client on which legal form to use. This is:

  • a.A required service
  • b.Permitted for a fee
  • c.The unauthorized practice of law and prohibited
  • d.Only allowed for RON

Advising which legal document or act to use is the unauthorized practice of law for a non-attorney notary. It can lead to discipline and liability. The notary may complete the notarial certificate but must not give legal advice.

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