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Notarial Acts: Ohio Notaries are authorized to perform the following notarial acts:
Take acknowledgments (ORC 147.51[A][2]);
Administer oaths and affirmations (ORC 147.51[A][1]);
Execute jurats (ORC 147.011[C]);
Take and certify depositions (ORC 147.51[A][3]).
Remote Notarial Acts: Ohio Notaries who have registered with the Secretary of State to perform remote notarial acts may perform any of the notarial acts listed above remotely, except for certifying a deposition (ORC 147.60[H]; 147.64[A][1]).
Acknowledgments
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Definitions
Jurat: “‘Jurat’ means a notarial act in which both of the following are met:
“(1) The signer of the notarized document is required to give an oath or affirmation that the statement in the notarized document is true and correct;
“(2) The signer signs the notarized document in the presence of a notary public” (ORC 147.011[C]).
“A jurat is an act requiring the signer to give an oath or affirmation that the statement in the notarized document is true and correct and the signer must sign the notarized document in the presence of a notary public. A jurat is required on documents such as an affidavit and motor vehicle title” (website, “Notary Information, Resources and FAQs”).Verification of a Statement on Oath or Affirmation: In a new law effective April 3, 2025, the Ohio Revised Code prescribes standards (see below) for a “verification of a statement on oath or affirmation.” Although a verification is not defined in the Ohio Revised Code, a verification is the equivalent to a jurat.
Affidavit: “An affidavit is a written declaration under oath, made without notice to the adverse party” (ORC 2319.02).
Requirements
Personal Appearance: The Notary must certify that the signer appeared before the notary public (ORC 147.54[A[1]).
Identity of Principal: “A notary public who takes a verification of a statement on oath or affirmation, a jurat, shall determine from personal knowledge or satisfactory evidence of the identity of the person making the verification, that the person appearing before the notary public and making the verification has the identity claimed.…” (ORC 147.49[B]).
Oath, Affirmation: The Notary must certify that the Notary administered an oath or affirmation to the signer that the statement in the jurat is true and correct (ORC 147.54[A][2]).
Witness Signature: The Notary must certify that the signer signed the document in the presence of the Notary (ORC 147.54[A][3]).
“A notary public who takes a verification of a statement on oath or affirmation, a jurat, shall determine … that the signature on the statement verified is the signature of the person” (ORC 147.49[B]).
“[Y]ou 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” (website, “Notary Information, Resources and FAQs”).
Form of Oath, Affirmation: “The oath or affirmation administered by the notary public to the signer of a jurat shall include one of the following questions, or substantially similar questions:
“(1) ‘Do you solemnly swear that the statements in this document are true, so help you God?'
“(2) ‘Do you affirm, under penalty of perjury, that the statements in this document are true?’” (ORC 147.54[B]).Paper Printout of Electronic Record: A county auditor, engineer, and recorder is required to accept a printed document that was executed electronically for purposes of approval, transfer, and recording if that document contains an attached certificate signed by the authenticator and notarized by a Notary Public with a jurat certificate (ORC 147.591[B][3]).
“An authenticator certificate may not be signed or notarized with an electronic signature or electronic seal, either in person or through the use of an online notarization system” (ORC 147.591[C]).
For the wording of this “Authenticator Certificate,” see “Certificate of Notarial Act,” below.
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Prohibitions
Practice Law: “A notary public who is not a licensed attorney in this state shall not … [p]rovide any service that constitutes the unauthorized practice of law in violation of section 4705.07 of the Revised Code….” (ORC 147.142[B][1]).
Misrepresentation: “A notary public who is not a licensed attorney in this state shall not … [s]tate or imply that the notary is an attorney licensed to practice law in this state….” (ORC 147.142[B][2]).
Compensation for Immigration Representation: “A notary public who is not a licensed attorney in this state shall not … [s]olicit or accept compensation to prepare documents for or otherwise represent the interest of another person in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States, United States citizenship, or related matters….” (ORC 147.142[B][3]).
Compensation from Government Official: “A notary public who is not a licensed attorney in this state shall not … [s]olicit or accept compensation to obtain relief of any kind on behalf of another from any officer, agency, or employee of this state or of the United States….” (ORC 147.142[B][4]).
Use of ‘Notario’: “A notary public who is not a licensed attorney in this state shall not … [u]se the phrase “notario” or “notario publico” to advertise the services of a notary public, whether by sign, pamphlet, stationery, or other written communication, or by radio, television, or other non-written communication” (ORC 147.142[B][5]).
Notarial Certificates: “A notary public may explain to a signer the difference between an acknowledgment and a jurat, but shall not, unless that notary is an attorney, advise the person on the type of notarial act that best suits a situation” (ORC 147.542[G]).
“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?
“• 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” (website, “Notary Information, Resources and FAQs”).Immigration Consultant: “A notary public who is not a licensed attorney in this state shall not represent or advertise himself or herself as an immigration consultant or an expert in immigration matters” (ORC 147.142[A]).
Omitting Oath
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“A notary public shall
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not … [e]xecute a jurat without administering an oath or affirmation to the
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signer” (ORC 147.
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141[A][16]).
Dishonest Discharge of Duty
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Prohibition: “No notary public shall do or perform any act as a notary public knowing that the notary public’s term of office has expired or that the notary public has resigned the notary public’s commission” (ORC 147.10).
Penalty: “A person appointed notary public who performs any act as such after the expiration of the person’s term of office or after the person resigns the person’s commission, knowing that the person’s term has expired or that the person has resigned, shall forfeit not more than five hundred dollars, to be recovered by an action in the name of the state. Such act shall render the person ineligible for reappointment” (ORC 147.10 and 147.A violation of this prohibition is a fine of $500 or less (ORC 147.99[A]).
Marriages
“Is a notary public able to officiate a wedding in Ohio?
“• 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” (website, “Notary Information, Resources and FAQs”).
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Sufficiency of Certificate: “For electronic notarial acts performed by a notary public for a principal in the notary public’s physical presence … the notarial certificate forms provided in section 147.55 of the Revised Code may be used and are sufficient for their respective purposes under any section of the Revised Code, if the forms include these or similar statements, as applicable:
“(A) ‘This certificate pertains to an electronic notarial act performed with the principal(s) in my physical presence' or
“(B) ‘This certificate pertains to an electronic notarial act performed with the principal(s) appearing online using audio-video communication’” (OAR 111:6-1-04).Originals, Digital Copies: “(1) An electronic document that is signed in the physical presence of the notary public with an electronic signature and notarized with an electronic seal shall be considered an original document.
“(2) Notwithstanding any other provision of the Revised Code to the contrary, a digital copy of a document executed electronically by the parties and acknowledged or sworn before a notary acting pursuant to this section shall be accepted by county auditors, clerks of courts of record, deputy registrars, engineers, and recorders for purposes of approval, transfer, and recording to the same extent as any other document that is submitted by an electronic recording method and shall not be rejected solely by reason of containing electronic signatures or an electronic notarization, including an online notarization” (ORC 147.591[B][1]-[2]).
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Notarial Officers: “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments, in addition to any other persons authorized by the laws and regulations of this state:
“(1) A notary public authorized to perform notarial acts in the place in which the act is performed.
“(2) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed.
“(3) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States department of state to perform notarial acts in the place in which the notarial act which is performed.
“(4) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial acts is performed for one of the following or his dependents:
“(a) A merchant seaman of the United States;
“(b) A member of the armed forces of the United States;
“(c) Any other person serving with or accompanying the armed forces of The United States;
“(5) Any other person authorized to perform notarial acts in the place in which the act is performed” (ORC 147.51[B]).Proof of Authority
State, U.S. Dept. of State, Armed Forces Notarial Officers: If the notarial act is performed by any of the persons described in divisions (A) and (B) of section 147.51 of the Revised Code, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of the person’s authority is not required” (ORC 147.52[A]).
Foreign Country Notarial Officers: “If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:
“(1) Either a foreign service officer of the United States residing in the country in which the act is performed or a diplomatic or consular officer of the foreign country residing in the United States certifies that a person holding that office is authorized to perform the act.
“(2) The official seal of the person performing the notarial act is affixed to the document; or
“(3) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
“(C) If the notarial act is performed by a person other than one described in divisions (A) and (B) of this section, there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person and to that’s person’s authority to perform the notarial act.
“(D) The signature and title of the person performing the act are prima-facie evidence that he is a person with the designated title and that the signature is genuine” (ORC 147.52[B]).
Recognition of
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Notarial Certificate
“The form of a notarial certificate of acknowledgment used by a person whose authority is recognized under section 147.51 of the Revised Code shall be accepted in this state if any of the following apply:.
“(A1) The notarial certificate is in a form prescribed by the laws or regulations of this state;
“(B2) The notarial certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment notarial act is takenperformed; or
“(C3) The certificate contains the words ‘acknowledged :
“(a) “Acknowledged before me,” or their substantial equivalent, when taking an acknowledgment;
“(b) “Sworn to and subscribed before me,” “affirmed to and subscribed before me,’ ” or their substantial equivalent” equivalent, when executing a jurat” (ORC 147.54542[C]).
AUTHENTICATION OF NOTARIAL ACTS
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