§ 314. Foreign notarial act.

335 words·~2 min read·/pa/title-57/chapter-3/314

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(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 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.

57c315s