57 Pa. C.S. § 314

Current through P.A. Acts 2023-66
Section 314 - [See Note] Foreign notarial act
(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; 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 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 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.

57 Pa.C.S. § 314

Added by P.L. 609 2013 No. 73, § 2, eff. 180 days after publication of notice of approval of courses under 57 Pa.C.S. § 322(b) and (c).