Notary Laws

Question 1

A notary public may charge a fee of:

The fee is per…

Answer 1

A notary public may charge a fee of $5.00 per act for any notarial act that is not an online notarization and $25.00 for an online notarial act. The fee is per notarial act, not per signature.

Question 2

An existing notary must take a ______ to renew an active commission.

Answer 2

An existing notary must take a one-hour class to renew an active commission.

Question 3

To be a notary public, an individual must meet the following requirements:

Answer 3

To be a notary public, an individual must meet the following requirements:

Be at least 18 years old
Be a legal resident of Ohio or an attorney admitted to the practice of law in Ohio, and has his or her primary practice in Ohio.
Not to be disqualified to receive a commission by having been convicted of or pleaded guilty or no contest to a disqualifying offense.

Question 4

Non-attorney notary commissions expire

Answer 4

Non-attorney notary commissions expire after five years.

Question 5

To renew the commission, you must submit a _________ prior to the expiration date.

Answer 5

To renew the commission, you must submit a renewal application in the three-month window prior to the expiration date.

Question 6

A notary public with an active commission in Ohio may perform ________ notarizations

Answer 6

A notary public with an active commission in Ohio may perform electronic notarizations without any additional authorization from our office.

Question 7

An electronic notarization is a notarial act performed by a _______ using his or her ______ and e_____ on a ______ document.

Answer 7

An electronic notarization is a notarial act performed by a notary public using his or her electronic seal and electronic signature on a digital document.

Question 8

An electronic notarization is an _______. The requirements include ________, completion of the _________ by affixing the _________ and ________ to the certificate.

Answer 8

An electronic notarization is an in-person act where the notarial act procedures remain the same. The requirements include personal appearance, verifying the identity of the signer, completion of the notarial certificate by affixing the notary’s electronic signature and electronic seal to the certificate.

Question 9

An online notarization is a notarial act performed by an ___________ who has been authorized to _________ when a signer _______ appears before the notary using _________ instead of being ________ present in the same location as the ______.

Answer 9

An online notarization is a notarial act performed by an Ohio notary public who has been authorized to perform online notarizations when a signer personally appears before the notary using audio-visual technology instead of being physically present in the same location as the notary.

Question 10

An online notarization requires the use of an _________ to perform the act as the _____ is ____ located in the _______ as the_____.

Answer 10

An online notarization requires the use of an online notarization system to perform the act as the signer is not located in the same location as the notary.

Question 11

To perform an _________, a notary public must be authorized by the __________.

Answer 11

To perform an online notarization, a notary public must be authorized by the Secretary of State’s Office.

Question 12

To be authorized the ______ must file an _________ application showing proof of the completion of a _____ education program, passing ______ and stating the name of the __________ to be used.

Answer 12

To be authorized the notary must file an online authorization application showing proof of the completion of a 2 hour education program, passing a test and stating the name of the online notarization system/vendor to be used.

Question 13

All notaries public authorized to perform online notarizations must be __________ and may only perform online notarizations _______ when they are located in _____, although the ______ can be outside of _____ or outside of the _______ at the time of the act.

Answer 13

All notaries public authorized to perform online notarizations must be legal residents of Ohio and may only perform online notarizations when they are located in Ohio, although the signer can be outside of Ohio or outside of the United States at the time of the act.

Question 14

The signer must appear before you during the _____. This must occur _______ for a ______ notarial act or an _______ notarial act, but personal appearance can occur through a ______ and _____ if the notary public is authorized to perform ________.

Answer 14

The signer must appear before you during the notarial act. This must occur in person for a traditional notarial act or an electronic notarial act, but personal appearance can occur through a real-time audio and video conferencing system if the notary public is authorized to perform online notarizations.

Question 15

The document should be reviewed to ensure the

Answer 15

The document should be reviewed to ensure the notarial certificate language appears and no blanks appear or other issues that would result in an improper notarization.

Question 16

Ohio Revised Code Section _____ requires the notary public to

Answer 16

Ohio Revised Code Section 147.53 requires the notary public to have satisfactory evidence as to the signer’s identity, which means personal knowledge or other evidence of the signer’s identity.

Question 17

A notary public may have satisfactory evidence of the signer’s identity by viewing ______.

Answer 17

A notary public may have satisfactory evidence of the signer’s identity by viewing a passport, driver’s license or other government issued photo identification card.

Question 18

Further, the notary public must verify that the signer __________ the document and is aware of the ___________ of _________ the document by signing it. This requires the notary to be able to ___________ directly with the signer in a _________ language.

Answer 18

Further, the notary public must verify that the signer is understands the document and is aware of the consequences of executing the document by signing it. This requires the notary to be able to communicate directly with the signer in a common language.

Question 19

In most cases, the document will contain a _______ to indicate if the act required is an ______ or a ______.

Answer 19

In most cases, the document will contain a notarial certificate to indicate if the act required is an acknowledgment or a jurat.

Question 20

If the document does not contain a _______, then the signer must state which act is ______ and the notary public must include the proper __________.

Answer 20

If the document does not contain a notarial certificate, then the signer must state which act is requested and the notary public must include the proper notarial certificate.

Question 21

fees may not be ______ per _____, but instead_______.

Answer 21

fees may not be charged per signature, but instead per notarial act.

Question 22

Travel Fees allowed by law

Answer 22

The law permits a reasonable travel fee as agreed upon by the notary public and the signer prior to the act. No additional fees may be charged in connection to the notarization.

Question 23

Pursuant to Ohio Revised Code 147.141, a notary public must not do any of the following, but please reference the law for a complete list:

Notarize _____.
Perform a notarial act if a ______ occurs. A ______ means a direct ____ or other _____ in the transaction.
Certify that a ______ an original document or true copy of another record (Note: An individual can make a written statement that the document is an original or a true copy and sign that statement. That signature can be notarized).
Affix the notary’s ______ to a ____or _____ form.
____ the____ or ______ after ______ (although the law does require a notary to provide a correct certificate in some circumstances).
Take an ____ in lieu of an ___ or _____ when an ___ or _____ is required.
Notarize a ______ on a _____ if it appears that the person is ______ of _____ the ____ and ____ of the _____ at the time of notarization.
Charge or receive an excessive fee for performing a notarial act.

Answer 23

Pursuant to Ohio Revised Code 147.141, a notary public must not do any of the following, but please reference the law for a complete list:

Notarize their own signature.
Perform a notarial act if a conflict of interest occurs. A conflict of interest means a direct financial or other interest in the transaction.
Certify that a document is an original document or true copy of another record (Note: An individual can make a written statement that the document is an original or a true copy and sign that statement. That signature can be notarized).
Affix the notary’s signature to a blank or incomplete form.
Alter the document or notarial certificate after signing (although the law does require a notary to provide a correct certificate in some circumstances).
Take an acknowledgment in lieu of an oath or affirmation when an oath or affirmation is required.
Notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization.
Charge or receive an excessive fee for performing a notarial act.

Question 24

If a notary public certifies to an affidavit without first ______, the notary public may have their commission revoked, be fined up to ____ or imprisoned for up to __ days, or both.

Answer 24

f a notary public certifies to an affidavit without first administering an oath or affirmation, the notary public may have their commission revoked, be fined up to $100 or imprisoned for up to 30 days, or both.

Question 25

Most common complaints received relate to the improper notarization of a_______ to transfer a ______ from a seller to a buyer. These forms are often incomplete when notarized which may result in the revocation of the notary public’s commission.

Answer 25

Most common complaints received relate to the improper notarization of a Certificate of Title to transfer a motor vehicle title from a seller to a buyer. These forms are often incomplete when notarized which may result in the revocation of the notary public’s commission.

Question 26

Also, common complaints allege a ____ did not _____ before the notary or ________ which one is required. To ensure compliance with the notary law, ensure you have been properly educated on the process and legal responsibilities.

Answer 26

Also, common complaints allege a signer did not appear before the notary or give an oath or affirmation which one is required. To ensure compliance with the notary law, ensure you have been properly educated on the process and legal responsibilities.

Question 27

When notarizing an affidavit or other document containing a sworn statement, must an oath or affirmation be administered?

Answer 27

Yes, Ohio law requires a notary to administer an oath or affirmation for affidavits or documents containing sworn statements such as “John Doe, upon oath,” “sworn to and subscribed,” or “Being duly sworn.” Failure to give an oath or affirmation will result in the revocation of the notary commission.

Question 28

How do I give an oath or affirmation?

Answer 28

Prior to notarizing an affidavit, a notary should ask the affiant whether they are willing to take an oath before God. If the affiant is willing, the notary must have the affiant stand, raise their right hand, and answer affirmatively the following question: “[D]o you solemnly swear that the statements in the affidavit are true, so help you God?”
If the affiant is unwilling to take an oath before God for personal reasons, the affiant must answer affirmatively the following question, commonly referred to as an “affirmation”: “[D]o you solemnly affirm that the statements in the affidavit are true under penalty of the law of perjury?”

Question 29

Does a notary public have to administer an oath or affirmation before notarizing all documents?

Answer 29

No, an oath or affirmation is not required when taking an acknowledgment.

Question 30

Can I notarize a document that has already be signed?

Answer 30

If it is an acknowledgment, then yes, you may notarize it, but you may not notarize an affidavit or other jurat certificate if that document has already been signed, as that requires an oath or affirmation prior to signing.

Question 31

I live in Ohio, but work out of state; can I use my Ohio notary commission to notarize documents out of state?

Answer 31

No, a notary commissioned in Ohio may only notarize documents in Ohio.

Question 32

If I am authorized to perform online notarizations, can I perform notarizations when I am out of the state?

Answer 32

No, even with online notarizations, the notary public must be in Ohio at the time of the notarization, but the signer could be outside of Ohio.

Question 33

If I am signing a vehicle title, do all parties have to appear in front of me?

Answer 33

No, only the seller must appear before the notary public if notarizing “assignment of ownership” portion on the back of the title. This section must be complete including purchase price, buyer’s name/address, date of transfer and current mileage. The notary public must verify that all fields are completed, witness the seller’s signature and notarize the document.

Question 34

Can I notarize a signature and act as a witness for a document?

Answer 34

Generally, this is not recommended. Witnessing a document may require you to sign the document, which could create a conflict of interest if you are asked to notarize other signatures on the same document. You may act as a document witness, but this is not a notarial act.

Question 35

If the signer is unable to write their name due to a physical condition, how do I notarize a document?

Answer 35

ORC 147.59 permits a designated alternative signer permitting someone to sign on the principal’s behalf if the principal clearly communicates to the notary public the intent for the designated signer to sign the individuals name on the document. Both the principal and designated signer must be satisfactorily identified by the notary public; the designated signer signs in the presence of the notary public; the designated signer is not named in the document; the notarial certificate provided to the principal gives the name of the designated signer and states that the document was signed under direction of the principal.

Question 36

Can I prepare a notary certificate to be used if the document presented to me does not contain a notary certificate, the notary certificate language is incorrect, or there is not enough space on the document to notarize?

Answer 36

Yes, the notary public may have prepared notarial certificates available at the time of the notarial act. The notary public should have notarial certificates prepared for an acknowledgement and jurat in case the signer’s document does not contain a proper notarial certificate. The notary public must attach the completed certificate to the document.

Question 37

Is a notary public able to officiate a wedding in Ohio?

Answer 37

No, Ohio law requires someone to obtain a ministers license to officiate a wedding in Ohio. A notary commission is not sufficient for this purpose.

Question 38

Can I notarize a document for a minor?

Answer 38

Ohio law does not prohibit you from notarizing the signature of a minor. All elements must be met to perform the act as if it were an adult signing, for example, the minor must be properly identified, the minor should understand what they are signing and be able to sign the document.

Question 39

Is a notarization valid if the notary public’s commission was expired at the time of signing?

Answer 39

The document is properly notarized if the notary public’s commission was valid at the time the document was signed, even if the commission has since expired. A notary public must not perform any notarial act knowing that the notary public’s term of office has expired and if they do perform an act after the expiration of the term then they may be subject to legal action and found ineligible for reappointment.

However, pursuant to ORC 147.12, if a notary, acting in good faith, following proper procedures, performs a notarial act after the expiration of the term, the act may be considered valid. This does not prevent a document from being rejected for being notarized by an expired notary public.

Question 40

Can I notarize a copy of a vital record, such as a birth certificate?

Answer 40

No, a notary public may not notarize copies of vital records such as birth, marriage or death certificates. Vital records can only be certified by the registrar or the clerk with the requisite authority to issue the record. There is no notarial certificate to be completed or signature to notarize. If an individual wants a notarization on a vital record, the option is to notarize an affidavit from the principal stating the record is a true and accurate copy of the record. The notary public must give the signer an oath/affirmation and follow the procedure for notarizing an affidavit. However, it is possible that the entity receiving the record will reject the affidavit and copy.

Question 41

My employer instructed me to only provide notary services to customers/clients of the company. Can I refuse to notarize for the general public?

Answer 41

Yes, the employer may direct an employee notary public’s activities within the scope of their employment; however, an employer may not restrict or control the employee notary public’s activities outside the work place/outside business hours.

Question 42

My employer terminated me and kept my notary seal, what do I do?

Answer 42

The notary public is responsible for maintaining and keeping control of their notary seal and journal. The employer may not keep these items even if they paid for them. The notary public must insist on taking these items when employment ends. If the employer refuses, then suggested steps would be sending a certified letter to the employer requesting the items attesting they are the sole property of the notary public; contact the Ohio Secretary of State’s Office or contact your local police department.

Question 43

Can I notarize for a spouse or family member?

Answer 43

Ohio law does not expressly prohibit a notary public from notarizing for a spouse or family member, however, Ohio Revised Code section 147.141 states a notary public may not perform a notarial act if the notary has a conflict of interest with regard to the transaction. A conflict of interest means the notary has a direct financial or other interest in the transaction or the notary is named as a party in some capacity to the transaction.

Question 44

Renewal applicants may complete the _____ education class up to ____ months prior to the expiration of their commission and the education certificate will be valid upon filing the renewal application no earlier than three months prior to the expiration of the commission.

Answer 44

Renewal applicants may complete the one-hour education class up to 12 months prior to the expiration of their commission and the education certificate will be valid upon filing the renewal application no earlier than three months prior to the expiration of the commission.

Question 45

Non-attorneys are required to submit a _________ when applying for a commission or a renewal.

Answer 45

Non-attorneys are required to submit a criminal records check when applying for a commission or a renewal.

Question 46

Non-attorney Renewal

Answer 46

$45 fee

1. hr education

No Test

Question 47

Online authorization application for non-attorney and attorney notary public

Answer 47

$250 fee

2 hours education

Yes Test

Question 48

Online authorization renewal for non-attorney and attorney notary public

Answer 48

$160

1

No