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§ 314. Foreign notarial act

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 57 Pa.C.S.A. Notaries PublicEffective: October 26, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 57 Pa.C.S.A. Notaries Public
Chapter 3. Revised Uniform Law on Notarial Acts (Refs & Annos)
Effective: October 26, 2017
57 Pa.C.S.A. § 314
Formerly cited as PA ST 21 P.S. § 291.4;  PA ST 21 P.S. § 291.9
§ 314. Foreign notarial act
Currentness
(a) (Reserved).
(b) Effect.--
(1) This subsection applies to a notarial act:
(i) performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state; or
(ii) performed under the authority of a multinational or international governmental organization.
(2) A notarial act under paragraph (1) has the same effect under the law of this Commonwealth as if performed by a notarial officer of this Commonwealth.
(c) Conclusive establishment.--If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) Prima facie evidence.--The signature and official stamp of an individual holding an office described in subsection (c) are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(e) Hague Convention.--
(1) This subsection applies to an apostille which is:
(i) in the form prescribed by the Hague Convention of October 5, 1961;1 and
(ii) issued by a foreign state party to the Hague Convention.
(2) An apostille under paragraph (1) conclusively establishes that:
(i) the signature of the notarial officer is genuine; and
(ii) the notarial officer holds the indicated office.
(f) Consular authentications.--
(1) This subsection applies to a consular authentication:
(i) issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas; and
(ii) attached to the record with respect to which the notarial act is performed.
(2) A consular authentication under paragraph (1) conclusively establishes that:
(i) the signature of the notarial officer is genuine; and
(ii) the notarial officer holds the indicated office.
(g) Definition.--As used in this section, the term “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe.

Credits

2013, Oct. 9, P.L. 609, No. 73, § 2, effective 180 days after published notice of 57 Pa.C.S.A. § 322 course approval at 47 Pa.B. 2518 on April 29, 2017 [Oct. 26, 2017].

Footnotes

1
Convention Abolishing the Requirement of Legalization for Foreign Public Documents, done at The Hague on October 5, 1961, T.I.A.S. No. 10072, 1981 WL 375769.
57 Pa.C.S.A. § 314, PA ST 57 Pa.C.S.A. § 314
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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