Ohio - U.S. Notary Reference

Last Update: April 7, 2025

QUICK FACTS

Notary Jurisdiction

Statewide (ORC 147.07).

Notary Term Length

Notaries Public: Five years (ORC 147.03).
Attorneys: As long as the attorney is a resident of Ohio or has the attorney’s principal place of business or primary practice in Ohio, the attorney is in good standing before the Ohio supreme court, and the commission is not revoked” (ORC 147.03).

Notary Bond

Not required.

Notary Seal

Required (ORC 147.04).

Notary Journal

Required for online notarizations only (ORC 147.65[A]).

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ADMINISTRATION AND RULES

Commissioning Official

The Ohio Secretary of State is the appointing, commissioning and record-keeping authority for Ohio’s Notaries.

Contact Information

Address: Office of Secretary of State
Notary Commission Clerk
180 Civic Center Dr.
Columbus, OH 43215
Phone: 877-767-6446
614-644-4559
Website: ohiosos.gov/notary/

Laws, Rules and Guidelines

Laws
1. Ohio Revised Code: Most Notary statutes are in the Ohio Revised Code (ORC), Title 1, Chapter 147 (“Notaries Public”), which includes the “Uniform Recognition of Acknowledgments Act.”
2. Citations: Citations to the ORC in this chapter follow this convention: ORC, chapter separated by a period, section, and any division, subsection or paragraph within the section, if applicable, separated by brackets. Example: ORC 5101.63[A][1].
Rules
1. Ohio Administrative Rules: Administrative rules for Notaries Public are in the Ohio Administrative Rules (OAR), 111 (Secretary of State), Chapter 6 (Notary).
2. Citations: Citations to the OAR in this chapter follow this convention: OAR separated by a colon, agency and chapter separated a hyphen, and section and any division, subsection or paragraph within the section separated by brackets. Example: OAR 111:6-1-05[C].

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COMMISSION AND APPOINTMENT

Effective July 1, 2001, the Ohio Secretary of State appoints, commissions, and regulates the state’s Notaries (ORC 147.01[A]).

Commission Process

Qualifications: An applicant for a commission as an Ohio Notary Public must:
(a) be at least 18 years old;
(b) be a legal Ohio resident or an Ohio attorney admitted to practice law in Ohio who is resident of another state and who has a principal place of business or a primary practice in Ohio;
(c) submit a criminal records check report demonstrating that the applicant has not been convicted of or pleaded guilty or no contest to a disqualifying offense, or any offense under an existing or former law of Ohio, any other state, or the United States that is substantially equivalent to such a disqualifying offense within 6 months prior to application (attorneys who apply prior to September 20, 2019 and peace officers are exempt); and
(d) complete an education program and pass an examination (attorneys commissioned prior to September 20, 2019 are are exempt; attorneys commissioned after September 20, 2019 must complete the education program requirement but are exempt from taking the examination) (ORC 147.01[B]).
Course: Required (ORC 147.01[B][4][a] and 147.021).
1. Initial Commission
  1. Course Length: The course for an initial appointment as a Notary is 3 hours (OAR 111:6-1-03[A][1]).
  2. Course Fee: The fee for the course is $130, which includes the examination (see below) (OAR 111:6-1-03[A][2). Attorneys applying after September 20, 2019 must take a course. The fee for the course for attorneys is $75 (OAR 111-6-3[B][2]).
  3. Course Timeframe: The course and exam must be completed within 6 months after the applicant’s criminal records check and the applicant must submit the application for commission with evidence of successful completion of the course and exam within the same time frame or the application may be denied (OAR 111:6-1-03[A][3]).
2. Renewal Commission
  1. Course Length: Notaries renewing their commissions (see “Reappointment” below) must take 1 hour of continuing education (OAR 111:6-1-03[C][1]).
  2. Course Fee: The fee for the 1-hour course is $45 (OAR 111:6-1-03[C][2]).
  3. Course Timeframe: The course may be taken no earlier than 12 months prior to the expiration of their current commissions (OAR 111:6-1-03[C][1]).
Exam: Required (ORC 147.01[B][4][a] and 147.021).
1. Administration: The examination is administered by an authorized provider (ORC 147.021[B][1]).
2. Exam Retakes: An applicant who fails the examination may apply to retake the examination not sooner than 30 days following the date of his or her last examination, and no later than 6 months following the issuance of the criminal records check. If an applicant fails the exam a second time, the applicant must re-start the process with a new application (OAR 111:6-1-03[A][3]).
3. Exempted: Attorneys who apply for a Notary commission are not required to take an examination.
Application
1. Online Filing: Applications for a Notary commission are submitted electronically to the Secretary of State (ORC 147.01[E] and website “File Notary Commission Applications and Updates”).
2. Required Information: The application must include:
  (a) the applicant’s name to be used as a Notary;
  (b) the applicant’s residential address in Ohio;
  (c) the applicant’s date of birth;
  (d) a criminal records check that is not more than 6 months old issued by the Ohio Bureau of Criminal Identification and Investigation or a federal background check that is not more than 6 months old issued by the U.S. Department of Justice;
  (e) an image of the applicant’s signature; and
  (f) evidence of successful completion of three hours of education and passing the examination administered by an authorized education vendor (website, “Notary Commission System User Guide”).
3. Fee: $15, which must be paid by credit card (OAR 111:6-1-03[A][4]).
4. Attorney Application: The Ohio Administrative Code contains a separate rule for attorneys applying to become a Notary on or after September 20, 2019 (OAR 111:6-1-03[B]).
Background Screening: Required.
1. Requirement: “Except as provided in division (B)(3)(b) of this section, the person has submitted a criminal records check report completed within the preceding six months in accordance with section 147.022 of the Revised Code demonstrating that the applicant has not been convicted of or pleaded guilty or no contest to a disqualifying offense as determined in accordance with section 9.79 of the Revised Code” (ORC 147.01[3][a]).
2. Attorneys, Peace Officers Exempt: “A person that is an attorney admitted to the practice of law in this state or a peace officer shall not be required to submit a criminal records check when applying to be appointed a notary public” (ORC 147.01[3][b]).
3. Filing Timeframe: “The secretary shall not accept an application for a notary commission that includes the report of a criminal records check that is more than six months old” (ORC 147.022[A][2]).
4. Fee: “Each person requesting a criminal records check under this section shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code” (ORC 147.022[C]). The fee varies by authorized agent who administers the criminal records check.
5. Not a Public Record: “The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
  “(1) The person who is the subject of the criminal records check or the person's representative;
  “(2) The secretary of state and the staff of the secretary of state
  “(3) A court, hearing officer, or other necessary individual involved in a case dealing with a commission denial resulting from the criminal records check” (ORC 147.022[D]).
6. Failure to Complete, Submit Records Check: “The secretary of state shall deny a notary commission application if, after receiving the information and notification required by this section, a person subject the criminal records check requirement fails to do either of the following:
  “(1) Access, complete, or forward to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code or the standard impression sheet prescribed pursuant to division (C)(2) of that section;
  “(2) Submit the completed report of the criminal records check to the secretary of state” (ORC 147.022[E]).
Oath: “Before entering upon the duties of office, a notary public shall personally appear before a notary public or any officer authorized by law to administer oaths, who shall administer an oath of office to the notary public” (ORC 147.03[G]).
Nonresidents
1. Residents of Other U.S. Jurisdictions: The enactment of Senate Bill 131, effective December 29, 2023, permits residents of other U.S. jurisdictions to obtain an Ohio Notary commission if they hold a Notary Public commission in another U.S. jurisdiction and meet several qualifications regarding that out-of-state Notary commission. Nonresidents must have held their commission for at least 1 year, be in good standing, satisfied the minimum education, training, or experience requirements or passed an exam as may have been required to obtain a Notary commission in another state, not have surrendered or had a license revoked due to negligence or intentional misconduct related to their work as a Notary, not have any disqualifying offenses, and must pass the Ohio Notary exam, which is a part of the mandatory education requirement. Like all Ohio applicants, a nonresident applicant must complete an application to demonstrate they have qualified for a commission under the unique rules for nonresidents, undergo a criminal record report, and present proof that they have passed the Ohio examination. For more information on these provisions, see the description of the Occupational License Reciprocity Act on the Ohio Secretary of State’s website (website, “Summary of Notary Law Changes”).
2. Attorneys: Only those nonresidents who are attorneys admitted to practice law in Ohio and whose principal place of business or primary practice is in Ohio may become Notaries in the state (ORC 147.01[B][2][b]).
  Attorneys residing outside of Ohio may be commissioned as Notaries Public if they are active and in good standing with the Ohio Supreme Court and maintain a principal place of business in Ohio (ORC 147.03).
Reappointment: Notary commissions for nonattorneys must be renewed every 5 years. Notaries may apply for a new commission 3 months prior to the expiration of the current commission. In order to renew, a Notary must electronically submit to the Secretary of State: (a) a new Ohio criminal records check that is not more than 6 months old or a federal background check issued by the U.S. Department of Justice that is not more than 6 months old; (b) evidence of successful completion of at least 1 hour of continuing education provided by an authorized education provider (see “Course,” above) ; and (c) an application fee of $15 (OAR 111:6-1-03[C]).

Authorization to Perform Remote Notarial Acts

Requirement: “A notary public who has been duly appointed and commissioned under section 147.01 of the Revised Code, and who is a resident of this state, may apply to the secretary of state to be authorized to act as an online notary public during the term of that notary public’s commission. A state resident commissioned as a notary public qualifies to be an online notary public by paying the fee described in section 147.631 of the Revised Code and submitting to the secretary of state an application in the form prescribed by the secretary that demonstrates to the satisfaction of the secretary that the applicant will comply with the standards adopted in rules under section 147.62 of the Revised Code and that the applicant is otherwise qualified to be an online notary” (ORC 147.63[A]).
Application
1. Online Filing: The application must be transmitted electronically to the Secretary of State (ORC 147.63[C]).
2. Required Information: The application must include the following information:
  (1) The applicant’s full legal name and official Notary Public name to be used as an Online Notary;
  (2) A description of the technology the applicant intends to use in performing online notarizations;
  (3) A certification that the applicant will comply with the rules adopted under ORC 147.62;
  (4) The applicant’s email address;
  (5) Any decrypting instructions, keys, codes, or software necessary to enable the application to be read;
  (6) Proof of successful completion of the course and passage of the examination;
  (7) A disclosure of any and all license or commission revocations or other professional disciplinary actions taken against the applicant;
  (8) Any other information that the Secretary of State may require (ORC 147.63[C]).
Fee: The fee for applying for authorization to perform online notarizations is $20, payable by credit card (OAR 111:6-1-03[D][5]).
Course and Exam: Required.
1. Approved by Secretary of State: “Before an individual may be authorized to act as an online notary public, that individual shall successfully complete a course of instruction approved by the secretary of state and pass an examination based on the course. The content of the course shall include notarial rules, procedures, and ethical obligations pertaining to online notarization contained in sections 147.60 to 147.66 of the Revised Code or in any other law or rules of this state. The course may be taken in conjunction with the educational program required under section 147.021 of the Revised Code for a notary public commission” (ORC 147.63[B][1]).
2. Authorized Provider: “The applicant must successfully complete a two-hour education program and pass a test administered by an authorized provider” (OAR 111:6-1-03[D][2]).
3. Fee: “The applicant shall submit to the authorized education and testing provider a fee of two hundred fifty dollars for the required education and testing program” (OAR 111:6-1-03[D][3]).
4. Examination Retakes: “Should an applicant fail the test required by section 147.63 of the Revised Code, the applicant may apply to retake the exam not sooner than 30 days following the date of the applicant’s most recent examination, and no later than 6 months following date of completion of the education program. Should the applicant fail the exam a second time, the applicant must re-start the process with a new application including the fee described in (D)(3) of this rule” (OAR 111:6-1-03[D][4]).
Expiration and Renewal of Authorization
1. Commission Renewal: “Except as provided in division (D)(5) of [ORC 147.63], the authorization shall be renewed when the notary public’s commission is renewed” (ORC 147.63[D][3][a]).
2. Required Submissions: “An authorization to perform online notarizations that is set to expire shall not be renewed unless the notary submits to the secretary of state through the entity authorized in this section all of the following:
  “(i) A fee, set by the secretary of state, of not more than four times the fee prescribed in division (B)(2) of section 147.031 of the Revised Code;
  “(ii) An application for renewal on a form prescribed by the secretary;
  “(iii) Evidence of having completed continuing education, as required under division (G) of this section” (ORC 147.63[D][3][b]).
3. Expired Authorization: “If a notary public’s online notarization authorization expires before the notary submits the application for renewal, the secretary of state shall not renew that expired authorization but shall permit that person to apply for a new online notarization authorization” (ORC 147.63[D][3][c]).
4. Attorneys: “An authorization to perform online notarizations granted to an attorney admitted to the practice of law in this state by the Ohio supreme court shall expire on the earlier of five years after the date the authorization is granted or when the attorney’s term of office as a notary public ends” (ORC 147.63[D][4]).
  “An attorney authorized to perform online notarizations may apply to renew the attorney’s authorization three months prior to the authorization’s expiration date” (ORC 147.63[D][5]).
Renewal Course: “(G) (1) The secretary of state shall not renew an online notarization authorization unless the applicant has completed continuing education as required under rules adopted pursuant to division (G)(2) of this section.
“(2) The secretary shall adopt rules in accordance with Chapter 119. of the Revised Code related to continuing education requirements for an online notarization authorization. The rules shall specify the number of hours of continuing education a notary must complete over the duration of the notary’s license and may specify content to be included in the continuing education” (ORC 147.63[G]).
The renewal continuing education course for online Notaries is a 1-hour course and the fee to take the course is $160, payable to the vendor who provides the course (OAR 111:6-1-03[E][4]).

Online Search

“The secretary of state shall maintain a database of notaries public on a publicly accessible web site. The web site shall provide all of the following information in relation to each notary public:
“(A) The status of an individual’s authority perform notarial acts;
“(B) Whether the notary is authorized to perform online notarizations, as defined in section 147.60 of the Revised Code;
“(C) A description of any administrative or disciplinary action taken against the notary” (ORC 147.051).

Under “Search Notaries” on the Secretary of State’s website, Ohio’s roster of active and inactive Notaries may be searched by first and last name, zip code and county. Information provided will include the Notary’s full name, address, county, commission number, commission type (Notary, attorney or police officer) and commission starting and expiration dates.

Jurisdiction

Statewide (ORC 147.07).

Term Length

Nonattorneys: Five years (ORC 147.03).
Attorneys: An attorney admitted to practice law in Ohio “shall hold office as a notary public as long as the attorney is a resident of this state or has the attorney’s principal place of business or primary practice in this state, the attorney is in good standing before the Ohio supreme court, and the commission is not revoked” (ORC 147.03).
Notarizing after Expiration: For knowingly notarizing after commission expiration, a Notary must forfeit not more than $500 and becomes ineligible for reappointment (ORC 147.11). However, an official act done by a Notary after expiration of the Notary’s term of office is as valid as if done during the term of office (ORC 147.12).

Bond

Not required.

Changes of Status

Address or Name Change
1. Filing Timeframe: Within 30 days, a name or address change must be reported to the Secretary of State’s office, using an “Application for Amendment of Notary Public Information” (ORC 147.05[B]).
2. Online Filing: Notaries must use the Secretary of State’s online filing system to report changes to their commission (website, “File Notary Commission Applications and Updates”).
3. Fee: There is a fee of $2.00 for filing a name change using the online filing system, for which the applicant will receive a revised commission with the new name. There is no fee to file a change of address or resignation of commission (ORC 147.05[B] and website, “Notary System User Guide”).
Lost or Destroyed Commission Certificate: If the commission is lost or destroyed, Notaries must use the Secretary of State’s online filing system to report changes to their commission (website, “File Notary Commission Applications and Updates”). The fee is $2.00 and the Affidavit for Duplicate Copy of Notary Commission” must be completed and sworn to before another Notary (website, “Notary System User Guide”). Note: completion of this affidavit is not required for a change of name or address.
Convictions: “A notary shall inform the secretary of state of being convicted of or pleading guilty or no contest to a crime of moral turpitude as defined in section 4776.10 of the Revised Code, a violation of a provision of Chapter 2913. of the Revised Code, or any offense under an existing or former law of this state, any other state, or the United States that is substantially equivalent to such a disqualifying offense during the term of the notary’s commission” (ORC 147.05[D][1]). The Secretary of State will revoke the commission of any Notary, including an attorney, who is convicted of or pleads guilty or no contest to a disqualifying offense (ORC 147.05[D][2]).
Resignation: A Notary, other than an attorney, who resigns a Notary commission must deliver to the Secretary of State a written notice indicating the effective date of resignation (ORC 147.05[C]). Notaries must use the Secretary of State’s online filing system to report changes to their commission (website, “File Notary Commission Applications and Updates”).

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NOTARIAL ACTS

Authorized Acts

Notarial Acts: Ohio Notaries are authorized to perform the following notarial acts:
1. Take acknowledgments (ORC 147.51[A][2]);
2. Administer oaths and affirmations (ORC 147.51[A][1]);
3. Execute jurats (ORC 147.011[C]);
4. 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

Definitions
1. Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notary public that the individual has signed a record for the purpose stated in the record, and if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (ORC 147.011[A]).
  “An acknowledgment is an act requiring the signer to acknowledge his or her signature on a document and the notary public notarizes the signature” (website, “Notary Information, Resources and FAQs”).
2. Acknowledged Before Me: “The words in an acknowledgment notarial certificate “acknowledged before me” mean that:
  “(1) The person acknowledging appeared before the person taking the acknowledgment;
  “(2) The person acknowledging acknowledged executing the instrument;
  “(3) In the case of:
  “(a) A natural person, the person executed the instrument for the purposes therein stated;
  “(b) A corporation, the officer or agent acknowledged holding the position or title set forth in the instrument and certificate, the officer or agent signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated;
  “(c) A limited liability company, the member, manager, or agent acknowledged signing the instrument on behalf of the limited liability company by proper authority and the member, manager, or agent executed the instrument as the act of the limited liability company for the purposes therein stated;
  “(d) A partnership, the partner or agent acknowledged signing the instrument on behalf of the partnership by proper authority and the partner or agent executed the instrument as the act of the partnership for the purposes therein stated;
  “(e) A person acknowledging as principal by an attorney in fact, the attorney in fact executed the instrument by proper authority as the act of the principal for the purposes therein stated;
  “(f) A person acknowledging as a public officer, trustee, administrator, guardian, or other representative, the person signed the instrument by proper authority and the person executed the instrument in the capacity and for the purposes stated.
  “(4) The person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate” (ORC 147.53[B]).
Requirements
1. Declaration or Acknowledgment: The Notary must certify that the person acknowledging appeared before the Notary and acknowledge executing the instrument (ORC 147.53[A]).
2. Identity of Principal: “A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the person acknowledging, that the person appearing before the notary public and making the acknowledgment has the identity claimed….” (ORC 147.49[A]).
3. Capacity of Acknowledger: If the person acknowledging is acting in a representative capacity (e.g., a corporate or public officer, partner, attorney in fact, trustee or other personal representative), that person must acknowledge to the Notary that he or she signed the document in that capacity and had the authority to do so (ORC 147.541[C][2] through [5]).
4. Acknowledgment Not Oath, Affirmation: “A notary public shall not … [t]ake an acknowledgment of execution in lieu of an oath or affirmation if an oath or affirmation is required” (ORC 147.141[A][15]).
5. Signature of Principal: “A notary public who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the person” (ORC 147.49[B]).

Oaths

Definitions
1. Oath: “An oath is a formal declaration or promise to perform an act faithfully and truthfully or an affirmation of the truth of a statement. Oaths are usually given for three purposes:
  “(1) That a statement is the truth;
  “(2) That the testimony he or she will be giving will be the truth;
  “(3) That he or she will faithfully perform the duties of a public office” (Former “Notary Public Guidebook,” Brown County Court of Common Pleas, 2012).
2. Affirmation: “When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples against taking an oath. An affirmation has the same effect as an oath” (ORC 3.20).
  “Ohio law requires a notary to administer an oath or affirmation for affidavits or documents containing sworn statements such as “John Doe, upon oath,” or “Being duly sworn” (website, “Notary Information, Resources and FAQs”).
Requirements: “How do I give an oath or affirmation?
“• 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?'“ (website, “Notary Information, Resources and FAQs”).

Jurats

Definitions
1. 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”).
2. 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.
3. Affidavit: “An affidavit is a written declaration under oath, made without notice to the adverse party” (ORC 2319.02).
Requirements
1. Personal Appearance: The Notary must certify that the signer appeared before the notary public (ORC 147.54[A[1]).
2. 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]).
  1. 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]).
3. 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.

Depositions

Definition: “A deposition is a written declaration under oath, made upon notice to the adverse party” (ORC 2319.02).
Authority: “In taking depositions, a notary public shall have the power that is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify. Sheriffs and constables are required to serve and return all processes issued by notaries public in the taking of depositions” (ORC 147.07).

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STANDARDS OF PRACTICE

Personal Appearance

Definition: “‘Appear in person’ means being in the same physical location as another person and being close enough to hear, communicate with, and exchange tangible identification credentials with that individual. ‘Appear in person’ also means being in a different location as another person and interacting with that individual by means of live two-way, audio-video communication” (ORC 147.60[A]).
Notarial Acts: “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” (website, “Notary Information, Resources and FAQs”).
Remote Notarial Acts: “If an online notarization requires a principal to appear before an online notary public, the principal shall appear in person before the notary public and the principal and the notary public shall each sign the record with an electronic signature” (ORC 147.64[D]).

Identification

Notarial Acts
1. Definitions
  1. Personal Knowledge: “A notary public has personal knowledge of the identity of the person appearing before the notary public if the person is personally known to the notary public through dealings sufficient to provide reasonable certainty that the person has the identity claimed” (ORC 147.50[A]).
  2. Satisfactory Evidence: A Notary Public has satisfactory evidence if the Notary can identify the person by either of the following means (ORC 147.50[B]).
    1. Written Identification: A Notary may inspect a passport, driver's license, government-issued nondriver identification card, or other form of government-issued identification with the signature or photograph of the individual, which is current or expired not more than three years before performance of the notarial act, and is satisfactory to the Notary.
    2. Credible Witness
      1. Personal Knowledge, Written ID: A Notary may verify the identity of a principal by verification on oath or affirmation of a credible witness personally appearing before the Notary and personally known to the Notary or whom the Notary can identify on the basis of a passport, driver's license, or other government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act.
      2. Credibility of Witness: A witness is not credible if the witness has a conflict of interest regarding the transaction. A “conflict of interest” means the witness has a direct financial or other interest in the transaction in question or is named, individually or as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, lessor, or lessee, or as a party in some other capacity to the transaction (ORC 147.50[D]).
2. Requirement: In taking an acknowledgment or executing a verification of a statement on oath or affirmation (jurat), the Notary must verify the identity of the individual appearing before the Notary for the notarial act (ORC 147.49).
3. Additional Information or Credentials: “A notary public may require a person to provide additional information or identification credentials necessary to assure the notary public of the identity of the person” (ORC 147.50[C]).
Remote Notarial Acts
1. Definitions
  1. Credential Analysis: “‘Credential analysis’ means a process or service operating according to standards adopted by the secretary of state under section 147.62 of the Revised Code through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources” (ORC 147.60[B]).
  2. Identity Proofing: “‘Identity proofing’ means a process or service operating according to standards adopted by the secretary of state under section 147.62 of the Revised Code through which a third person affirms the identity of a natural person through the review of personal information from public and proprietary data sources” (ORC 147.60[G]).
  3. Remote Presentation: “‘Remote presentation’ means transmission to an online notary public through live two-way video and audio conference technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to identify the principal seeking the online notary public’s services and to perform credential analysis” (ORC 147.60[L]).
2. Requirement: “In performing an online notarization, a notary public shall determine from personal knowledge or satisfactory evidence of identity as described in division (E)(2) of this section that the principal appearing before the notary by means of live audio-video communication is the individual that he or she purports to be” (ORC 147.64[E][1]).
3. Satisfactory Evidence
  1. Remote Presentation, Credential Analysis, Identity Proofing: A Notary has satisfactory evidence of identity if the notary can identify the individual who appears in person before the Notary by means of audio-video communication based on all three of the following:
    1. Remote presentation by the principal of a government-issued identification credential, including a passport or driver’s license, that contains the signature and photograph of the principal;
    2. Credential analysis of the identification credentials provided; and
    3. Identity proofing of the principal (ORC 147.64[E][2]).
  2. Credible Witness(es): A Notary has satisfactory evidence of identity if the notary can identify the individual who appears in person before the Notary by means of audio-video communication based verification by one or more credible witnesses who appear in person before the Notary and who can be identified by:
    1. Personal Knowledge (ORC 147.64[E][2][b]).
    2. All three of the following:
      1. Presentation of a government-issued identification credential, including a passport or driver’s license, that contains the signature and photograph of the witness;
      2. Credential analysis of the identification credentials provided; and
      3. Identity proofing of the witness (ORC 147.64[E][2][b]).
4. Credential Analysis
  1. Reputable Third Person: “Credential analysis … must be performed by a reputable third person who has provided reasonable evidence to the online notary public of the person’s ability to satisfy the requirements of Chapter 147 of the Ohio Revised Code and this rule” (OAR 111:6-1-05[B][3).
  2. Standards: “Credential analysis must utilize public or private data sources to confirm the validity of an identification credential and must, at a minimum:
    “(a) use automated software processes to aid the online notary public in verifying the identity of a remotely located individual;
    “(b) ensure that the identification credential passes an authenticity test, consistent with sound commercial practices that:
    “(i) use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features;
    “(ii) use appropriate technologies to confirm that the identification credential is not fraudulent or inappropriately modified;
    “(iii) use information held or published by the issuing source or an authoritative source, as available, to confirm the validity of identification credential details; and (iv) provide output of the authenticity test to the online notary public;
    “(c) enable the online notary public to visually compare for consistency:
    “(i) the information and photograph on the presented credential, and
    “(ii) the remotely located individual as viewed by the online notary public in real time through communication technology;
    “(d) require a government-issued identification credential that:
    “(i) is an unexpired government-issued identification credential that contains the photograph and signature of the individual; and
    “(ii) may be imaged, photographed, and video recorded under applicable state and federal law; and
    “(iii) can be subjected to credential analysis.
    “(e) include an image capture procedure that confirms that:
    “(i) the remotely located individual is in possession of the credential at the time of the notarial act:
    “(ii) credential images submitted for credential analysis have not been manipulated; and
    “(iii) credential images match the credential in the possession of the remotely located individual; and
    “(f) require the captured image of the identification credential to:
    “(i) be of sufficient image resolution to perform credential analysis in accordance with the requirements of this subsection;
    “(ii) be of sufficient image resolution to enable visual inspection of the credential by the notary public; and
    “(iii) include all images necessary to perform visual inspection and credential analysis in accordance with the requirements of this subsection, including the identity page of any passport and the front and back images of any identification card” (OAR 111:6-1-05[B][4]).
5. Identity Proofing: “Identity proofing shall be performed by means of a knowledge-based authentication that meets the following requirements:
  “(a) each remotely located individual must answer a quiz consisting of a minimum of five questions related to the remotely located 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 remotely located individual fails the first attempt, the individual may retake the quiz two times within 48 hours;
  “(f) during a retake of the quiz, a minimum of 40% of the prior questions must be replaced;
  “(g) if the remotely located individual fails the second attempt, the individual is not permitted to retry with the same notary or the same third person providing the identity proofing service within 24 hours of the second failed attempt; and
  “(h) the online notary public must not be able to see or record the questions or answers.” (OAR 111:6-1-5[B][5]).
  “Identity proofing is the means by which the principal (signer) of a document affirms their identity in an online notarization. This is done through a third party who uses dynamic knowledge based authentication (KBA). KBA is the process in which the principal is asked a series of questions about the principal’s identity and personal history. In order to pass, the principal must answer at least 80% of the questions correctly. If the individual fails their first attempt they may retake the quiz two times within 48 hours. If the principal fails the second attempt, then he or she is not permitted to retry with the same notary or the same third party providing the identity proofing service within 24 hours” (website, “Notary Information, Resources and FAQs”).

Refusal of Services

“My employer instructed me to only provide notary services to customers/clients of the company. Can I refuse to notarize for the general public?
“• 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” (website, “Notary Information, Resources and FAQs”).

Incomplete Documents

“A notary public shall not … [n]otarize a signature on a document if the document is incomplete or blank” (ORC 147.141[A][13]).

Awareness and Willingness

Mentally Incapable of Understanding: “A notary public shall not … [n]otarize 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” (ORC 147.141[A][10]).
“[T]he notary public must verify that the signer is understands the document and is aware of the consequences of executing the document by signing it” (website, “Notary Information, Resources and FAQs”).
Adjudged Mentally Incompetent: “A notary public shall not … [t]ake the acknowledgment of, or administer an oath or affirmation to, a person who the notary public knows to have been adjudicated mentally incompetent by a court of competent jurisdiction, if the acknowledgment or oath or affirmation necessitates the exercise of a right that has been removed” (ORC 147.141[A][9]).
Willingness: “A notary public shall not … [n]otarize a signature on a document if it appears that the signer may be unduly influenced or coerced so as to be restricted from or compromised in exercising the person’s own free will when signing the document” (ORC 147.141[A][14]).

Signature by Proxy

Authorization: A signer whose physical limitations prevent the signer from signing a document may designate an alternative signer to sign the document for them (ORC 147.59[A]).
Requirements: “An individual whose physical characteristics limit the individual’s ability to sign a document presented for notarization may direct a designated alternative signer to sign on the individual’s behalf, if all of the following are met:
“(1) The individual clearly indicates, through oral, verbal, physical, electronic, or mechanical means, to the notary public the individual’s intent for the designated alternative signer to sign the individual’s name on the notarial document.
“(2) Both the individual and the designated alternative signer provide satisfactory identification to the notary public.
“(3) The designated alternative signer signs the document in the presence of the notary public.
“(4) The designated alternative signer is not named in the document.
“(5) The notarial certificate provided to the individual gives the name of the designated alternative signer and states that the document was signed under this section at the direction of the individual” (ORC 147.59[A]).
“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” (website, “Notary Information, Resources and FAQs”).

Minors

“Can I notarize a document for a minor?
“• 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” (website, “Notary Information, Resources and FAQs”).

Notary as Witness

“Can I notarize a signature and act as a witness for a document?
“• 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” (website, “Notary Information, Resources and FAQs”).

Mandated Reporters

Definitions
1. Abuse: “'Abuse' means the infliction upon an adult by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish” (ORC 5101.60[B]).
2. Adult: “'Adult' means any person sixty years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person’s own care or protection, and who resides in an independent living arrangement” (ORC 5101.60[C]).
3. Exploitation: “‘Exploitation’ means the unlawful or improper act of a person using, in one or more transactions, an adult or an adult’s resources for monetary or personal benefit, profit, or gain when the person obtained or exerted control over the adult or the adult’s resources in any of the following ways:
  “(1) Without the adult’s consent or the consent of the person authorized to give consent on the adult’s behalf;
  “(2) Beyond the scope of the express or implied consent of the adult or the person authorized to give consent on the adult’s behalf;
  “(3) By deception;
  “(4) By threat;
  “(5) By intimidation” (ORC 5101.60[J]).
4. Neglect: “‘Neglect’ means any of the following:
  “(1) Failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure;
  “(2) Failure of a caretaker to provide such goods or services;
  “(3) Abandonment” (ORC 5101.60[O]).
Notaries Public: “No person listed in division (A)(2) of this section having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation shall knowingly fail to immediately report such belief to the county department of job and family services.
“(2) All of the following are subject to division (A)(1) of this section:
…
“(bb) An individual appointed and commissioned under section 147.01 of the Revised Code as a notary public” (ORC 5101.63[A][1] and [A][2]).
Educational Materials: “The [county] department of job and family services shall do all of the following:
…
“(B) Develop and make available educational materials for individuals who are required under section 5101.63 of the Revised Code to make reports of abuse, neglect, and exploitation” (ORC 5101.62[B]).
“Each entity that employs or is responsible for licensing or regulating the individuals required under section 5101.63 of the Revised Code to make reports of abuse, neglect, or exploitation of adults shall ensure that the individuals have access to the educational materials developed under division (B) of section 5101.62 of the Revised Code” (ORC 5101.632).
Reports: “The reports made under [ORC 5101.63] shall be made orally or in writing except that oral reports shall be followed by a written report if a written report is requested by the department. Written reports shall include:
“(1) The name, address, and approximate age of the adult who is the subject of the report;
“(2) The name and address of the individual responsible for the adult’s care, if any individual is, and if the individual is known;
“(3) The nature and extent of the alleged abuse, neglect, or exploitation of the adult;
“(4) The basis of the reporter’s belief that the adult has been abused, neglected, or exploited” (ORC 5101.63[C]).
Immunity: “Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from such a report, or any employee of the state or any of its subdivisions who is discharging responsibilities under section 5101.65 of the Revised Code shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for perjury, unless the person has acted in bad faith or with malicious purpose” (ORC 5101.63[D]).
Retaliation: “No employer or any other person with the authority to do so shall do any of the following as a result of an employee’s having filed a report under this section:
“(1) Discharge, demote, transfer, or prepare a negative work performance evaluation;
“(2) Reduce benefits, pay, or work privileges;
“(3) Take any other action detrimental to an employee or in any way retaliate against the employee” (ORC 5101.63[E]).
Penalty: “Whoever violates section 5101.11, division A of section 5101.63, or division (C) (2) of section 5101.631 of the Revised Code is guilty of a misdemeanor in the fourth degree” (ORC 5101.99[B]).

Disqualifying Interest

Personal: “A notary public shall not do any of the following:
“(1) Perform a notarial act with regard to a record or document executed by the notary;
“(2) Notarize the notary’s own signature;
“(3) Take the notary’s own deposition;
“(4) Perform a notarial act if the notary has a conflict of interest with regard to the transaction in question” (ORC 147.141[A]).
“As used in this section, ‘conflict of interest’ means either of the following:
“(1) The notary has a direct financial or other interest in the transaction in question, excluding the fees authorized under this chapter.
“(2) The notary is named, individually or as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, lessor, or lessee, or as a party in some other capacity to the transaction” (ORC 147.141[C]).
Relatives: “Can I notarize for a spouse or family member?
“• 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” (website, “Notary Information, Resources and FAQs”).

Unauthorized Practice of Law

Prohibitions
1. 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]).
2. 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]).
3. 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]).
4. 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]).
5. 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

“A notary public shall not … [e]xecute a jurat without administering an oath or affirmation to the signer” (ORC 147.141[A][16]).

Dishonest Discharge of Duty

“A notary public who … dishonestly or unfaithfully discharges any official duties as notary public, shall be removed from office by the secretary of state, upon complaint filed and substantiated by the secretary of state. The person so removed shall be ineligible for reappointment to the office of notary public” (ORC 147.13).

Certifying Originals, Copies

Prohibition: “A notary public shall not … [c]ertify that a document is either of the following:
“(a) An original document;
“(b) A true copy of another record” (ORC 147.141[A][5]).
Custodian Certified Copies Excepted: “Division (A)(5) of [ORC 147.141] shall not be construed as prohibiting a notary from notarizing the signature of a holder of a document on a written statement certifying that the document is a true copy of an original document” (ORC 147.141[B]).
Vital Records: “[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” (website, “Notary Information, Resources and FAQs”).

Altering Document

“A notary public shall not … [a]lter anything in a written instrument after it has been signed by anyone” (ORC 147.141[A][11]).

Determining Validity of Powers

“A notary public shall not … [d]etermine the validity of a power of attorney document or any other form designating a representative capacity, such as trustee, authorized officer, agent, personal representative, or guardian, unless that notary is an attorney licensed to practice law in this state” (ORC 147.141[A][16]).

Acting After Commission Expiration

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 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”).

Vehicle Titles

Certificate of Title: “A Certificate of Title, often just referred to as a “title,” is a commonly used document requiring the notarization of signatures. This document is used to transfer title of a motor vehicle to a buyer. On the Certificate of Title there are two sections in which a notarial act may occur; the Assignment of Ownership, and the Application for a Certificate of Title” (website, “Notary Information, Resources and FAQs”).
“If I am signing a vehicle title, do all parties have to appear in front of me? – 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” (website, “Notary Information, Resources and FAQs”).
Assignment of Ownership: “An assignment of ownership is a transfer of the title from one owner to the next. The title itself indicates a seller and buyer relationship. This part of the document requires an affidavit in which the seller swears to the true selling price, the true odometer reading, and provides the buyer’s name and address. As this document requires an affidavit, the notary public must perform a jurat” (website, “Notary Information, Resources and FAQs”).
Complete Title: ““The following information must be completed in the top portion of the form prior to notarizing the seller’s signature. Until the following portions of the form are complete, the notarial act cannot take place.
“1. Selling Price
“2. Date of Sale/Delivery
“3. Minor? Consent Form Required
“4. Buyer(s) legal name and address
“5. Odometer reading
“6. Check appropriate box” (website, “Notary Information, Resources and FAQs”).
Application for Certificate of Title: “After the title has been transferred from the seller to the buyer, the buyer will need to complete the Application for a Certificate of Title section, which is below the Assignment of Ownership. This section must be completed so that the BMV can title the vehicle in the name of the new owner” (website, “Notary Information, Resources and FAQs”). As with notarizing the Certificate of Title, all sections of the Application for Certificate of Title must be completed before the notarial act may be performed.

In-Person Electronic Notarial Acts

Applicable Law
1. Uniform Electronic Transactions Act: Ohio has adopted its own version of the Uniform Electronic Transactions Act (ORC 1306.01 through 1306.23), including the following provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (ORC 1306.10).
2. Ohio Revised Code, Chapter 147: While Chapter 147 of the Ohio Revised Code contains lengthy statutes on remote online notarization, there are isolated provisions concerning electronic notarization. Those provisions are summarized below.
3. Ohio Administrative Rules, 111 (Secretary of State), Chapter 6 (Notary): There is a single provision related to an electronic notarial certificate for electronic notarizations performed in the physical presence of the Notary. It is summarized below.
Technology Systems
1. Approval of System Providers: Not required.
2. List of System Providers: Not provided.

Remote Notarial Acts

Applicable Law
1. Ohio Revised Code, Chapter 147: Chapter 147 of the Ohio Revised Code contains lengthy statutes on remote online notarization. These provisions are summarized below.
2. Ohio Administrative Rules, 111 (Secretary of State), Chapter 6 (Notary): The Ohio Administrative rules contain provisions that implement the remote online statutes in Ohio Revised Code, Chapter 147. These rules are summarized below.
Technology Systems
1. Approval of Systems: Not required.
2. Performance Standards: Online notarization systems in Ohio must meet the performance standards in the law: “The online notarization system used must meet the following criteria:
  “(a) The persons communicating must simultaneously see and speak to one another.
  “(b) The signal transmission must be live, real time.
  “(c) The signal transmission must be secure from interception or access by anyone other than the persons communicating.
  “(d) The technology must provide sufficient audio clarity and video resolution to enable the notary to communicate with the signer and utilize the permissible signer identification methods.
  “(e) The system must provide confirmation that the electronic document presented is the same as the electronic document notarized.
  “(f) Allow for the affixation of the notarial certificate, signature and seal.
  “(g) Allow for viewing the notarial certificate, signature and seal.
  “(h) Provide a method for determining if the electronic document has been altered after the electronic notarial seal has been affixed and the electronic notarial act has been completed.
  “(i) Provide a method of generating a paper copy of the document including the notarial certificate, signature and seal and any other document associated with the execution of the notarial act” (OAR 111:6-1-05[B][6]).
3. Listing of System Providers: Not provided.
4. Completion of Process Required: “If the signer or online notary public must exit the audio-video communication session, the audio-video communication link is broken, or the resolution or quality of the transmission becomes such that the electronic notary public believes the process has been compromised and cannot be completed, the identity authentication process and any incomplete online notarial acts must be started from the beginning” (OAR 111:6-1-05[C]).
5. Technology Updates, Changes: “Nothing in this section shall be construed as prohibiting an online notary public from receiving, installing, and utilizing a software update to the technology that the online notary public disclosed pursuant to division (C)(2) of this section if that software update does not result in a technology that is materially different from the technology that the online notary public disclosed pursuant to division (C)(2) of this section.
  “(F) (1) If a notary public changes either the hardware or the software that the notary intends to use to carry out online notarizations, then the notary shall inform the secretary of this intent on a form prescribed by the secretary.
  “(2) If the secretary determines that the new hardware or software does not meet the standards prescribed in rules under section 147.62 of the Revised Code, then the secretary may suspend or revoke the notary’s authority to perform online notarizations” (ORC 147.63[E]-[F]).
Authority, Exception, Conditions
1. Authority: “Except as provided in division (A)(3) of this section, an online notary public has the authority to perform any notarial act as an online notarization” (ORC 147.64[A][1]).
2. Exception: “An online notary public shall not take or certify a deposition as an online notarization” (ORC 147.64[A][3]).
3. Conditions: “A notary public of this state who has been authorized by the secretary of state to perform online notarizations may perform online notarizations only if both of the following conditions are met:
  “(1) The online notary public is a resident of this state.
  “(2) The online notary public is located within the geographical boundaries of this state at the time of the online notarization” (ORC 147.64[B]).
Location of Principal
1. Within the United States: “A notary public may perform an online notarization by means of audio-video communication in compliance with this act and any other rules adopted by the secretary of state for any principal who is located within the territory of the United States” (ORC 147.64[C][1]).
2. Conditions: “A notary public may perform an online notarization for a principal located outside the territory of the United States only if both of the following conditions are met:
  “(a) The act is not known by the notary public to be prohibited in the jurisdiction in which the principal is physically located at the time of the act.
  “(b) The record meets any of the following:
  (i) Is part of, or pertains to, a matter that is to be filed with or is before a court, governmental entity, or other entity located in the territorial jurisdiction of the United States;
  (ii) Involves real or personal property located in the territorial jurisdiction of the United States;
  (iii) Is part of, or pertains to, a transaction substantially connected with the United States.
Appearance and Electronic Signatures: “If an online notarization requires a principal to appear before an online notary public, the principal shall appear in person before the notary public and the principal and the notary public shall each sign the record with an electronic signature” (ORC 147.64[D]).
Fees: For the fees that an Online Notary may charge, see “Fees for Notarial Acts,” below.
Refusal of Remote Notarial Acts
1. Identity of Principal: “The online notary public shall refuse to perform an online notarization if … the online notary public is unable to verify the identity of the principal….” (OAR 111:6-1-05[D][1]).
2. Security of Audio-Visual Transmission: “The online notary public shall refuse to perform an online notarization if … the online notary public is unable to verify the security of the two way audio visual transmission….” (OAR 111:6-1-05[D][2]).
3. Signature of Principal: “The online notary public shall refuse to perform an online notarization if … the signature of the principal cannot be attached to the electronic document….” (OAR 111:6-1-05[D][3]).
4. Tamper-Evident: “The online notary public shall refuse to perform an online notarization if … the online notarization system or technology cannot render the notarial act tamper-evident” (OAR 111:6-1-05[D][4]).
Electronic Journal of Online Notarial Acts: See “Records of Notarial Acts” below for the requirements and duties related to an online Notary maintaining an electronic journal of online notarial acts.
Recording of Online Notarial Acts: For the rules requiring an online Notary to record each online notarial act, see “Records of Notarial Acts,” below.

Curative Provisions

No recorded document affecting real estate shall be invalidated by the failure to affix an official seal, by the fact that the certificate of acknowledgment is not on the same sheet of paper as the document or by the fact that an executor, administrator, guardian, assignee or trustee signed individually instead of in a representative or official capacity (ORC 5301.071[B]-[D]).

Validity of Notarial Acts

“An official act done by a notary public after the expiration of his term of office is as valid as if done during his term of office” (ORC 147.12).
“Is a notarization valid if the notary public’s commission was expired at the time of signing?
“• 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” (website, “Notary Information, Resources and FAQs”).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

Definition: "'Notarial certificate' means the part of, or attachment to, a document that is completed by the notary public and upon which the notary public places the notary public's signature and seal” (ORC 147.011[D]).
General Requirement: “A notary public shall provide a completed notarial certificate for every notarial act the notary public performs” (ORC 147.542[A]).
Specific Requirements: “A notarial certificate shall show all of the following information:
“(1) The state and county venue where the notarization is being performed;
“(2) The wording of the acknowledgment or jurat in question;
“(3) The date on which the notarial act was performed;
“(4) The signature of the notary, exactly as shown on the notary’s commission;
“(5) The notary’s printed name, displayed below the notary’s signature or inked stamp;
“(6) The notary’s notarial seal and commission expiration date;
“(7) If an electronic document was signed in the physical presence of a notary and notarized pursuant to section 147.591 of the Revised Code, or if an online notarization was performed pursuant to sections 147.60 to 147.66 of the Revised Code, the certificate shall include a statement to that effect” (ORC 147.542[F]).
Jurat Certificate
1. Acknowledgment Instead of Jurat: “A notary public shall not use an acknowledgment certificate with regard to a notarial act in which an oath or affirmation has been administered” (ORC 147.542[D][1]).
2. Oath, Affirmation
  1. Recite Oath, Affirmation: “A jurat certificate shall state that an oath or affirmation was administered to the signer with regard to the notarial act” (ORC 147.542[C]).
  2. Jurat Certificate Without Oath, Affirmation: “A notary public shall not use a jurat certificate with regard to a notarial act in which an oath or affirmation has not been administered” (ORC 147.542[D][2]).

Certificate Types

“A certificate required under [ORC 147.542] may be provided through any of the following means:
“(1) Preprinting on a notarial document;
“(2) Ink stamp;
“(3) Handwritten note;
“(4) A separate, attached document” (ORC 147.542[E]).

Certificate Forms

Sufficiency: The forms of acknowledgment set forth in [ORC 147.55] may be used and are sufficient for their respective purposes under any section of the Revised Code. The forms shall be known as “statutory short forms of acknowledgment” and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms” (ORC 147.55).

Ohio has adopted the Uniform Recognition of Acknowledgments Act’s short-form certificates. These certificates and any certificates authorized by the Secretary of State appear below.

Acknowledgment by Individual (ORC 147.55[A])