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November 1, 2024

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1. Notarial Acts

   1. Requirement: “A. In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.
      “B. In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
      “C. In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein….
      “F. A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is personally known to the notarial officer, is identified upon the oath or affirmation of a credible witness personally known to the notarial officer or is identified on the basis of identification documents” (49 OS 113).

   2. Criminal Penalty: “A notarial officer who performs a notarial act pursuant to this section without first making in good faith the required determination of the identity of the person appearing before the notary shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed One Thousand Dollars ($1,000.00), to imprisonment in the county jail not to exceed ten (10) days, or both such fine and imprisonment” (49 OS 113.G).

   3. Elements of IDs: “Proper ‘ID’ should include a photograph and signature such as a driver’s license or passport” (website, “Notary FAQs”).

2. Remote Notarial Acts

   1. Definitions

      1. “‘Remote presentation’ means transmission to a notary public through communication technology of an image of a remotely located individual’s identification credential that is of sufficient quality to enable the notary public to reasonably identify the remotely located individual and to perform credential analysis” (49 OS 202.15).

      2. “‘Identification credential’ means a non-expired passport, driver’s license, or form of government-issued identification document that contains the signature and photograph of the individual” (OAC 655:25-11-2).

      3. “‘Credential analysis’ means a process or service that meets the standards under Section 4 of this act through which a third person affirms the validity of an identification credential through review of public or private data sources” (49 OS 202.2).

      4. “‘Identity proofing’ means a process or service that meets the standards under Section 4 of this act through which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (49 OS 202.8).

      5. “‘Dynamic knowledge-based authentication assessment’ means an identity assessment of a remotely located individual that is based on a set of questions formulated from public or private data sources for which the individual has not provided a prior answer” (OAC 655:25-11-2).

   2. Requirement: “In performing a remote online notarial act, a notary shall reasonably verify the identity of the principal by:
      “1. The notary public’s personal knowledge of the principal;
      “2. Each of the following:
      “a. remote presentation by the principal of a current government-issued identification credential containing the photograph and signature of the principal,
      “b. credential analysis of the identification credential, and
      “c. identity proofing of the principal; or
      “3. Oath or affirmation of a credible witness who personally knows the principal if:
      “a. the credible witness is personally known to the notary public, or
      “b. the notary public has reasonably verified the identity of the credible witness under paragraph 2 of this subsection” (49 OS 208.B).

   3. Credential Analysis: “The analysis of the identification credential that is the subject of remote presentation must use public or private data sources to confirm its validity and shall, at a minimum:
      “(A) use automated software processes to aid the notary public in verifying the identity of each principal;
      “(B) require that the identification credential passes an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;
      “(C) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
      “(D) enable the notary public visually to compare for consistency the information and photograph on the identification credential and the principal as viewed by the notary public in real time through communication technology” (OAC 655:25-11-5[a][1]).

   4. Identity Proofing: “The notary public must perform an identity proofing procedure that consists of a dynamic knowledge-based authentication assessment. The assessment is successful if it meets the following requirements:
      “(A) The principal must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;
      “(B) Each question must have a minimum of five possible answer choices;
      “(C) At least 80% of the questions must be answered correctly;
      “(D) All questions must be answered within two minutes;
      “(E) If the principal fails the first attempt, the principal may retake the quiz one time within 24 hours;
      “(F) During a retake of the quiz, a minimum of 40% of the prior questions must be replaced;
      “(G) If the principal fails the second attempt, the principal is not allowed to retry with the same online notary public within twenty-four (24) hours of the second failed attempt; and
      “(H) The notary public must not be able to see or record the questions or answers” (OAC 655:25-11-5[a][2]).

   5. Credible Witnesses: “A notary public may … [r]equire a principal or credible witness to provide additional information necessary to assure the notary public of the identity of the principal or credible witness” (49 OS 208.C).
      “A credible witness under subsection B of this section [49 OS 208] who is:
      “1. Physically present with a principal at the time of a remote online notarial act may be a remotely located individual if the credible witness and notary public communicate by means of communication technology; or
      “2. Physically present with a notary public at the time of a remote online notarial act may be outside the physical presence of a principal if the credible witness and principal communicate by means of communication technology” (49 OS 208.D).

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