§314. Foreign notarial act.  


Latest version.
  • (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.