Ohio - U.S. Notary Reference

Last Update: March 17, 2025

Notary Jurisdiction

Statewide (ORC 147.07).

Notary Term Length

1. Notaries Public: Five years (ORC 147.03).

2. 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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Commissioning Official

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

Contact Information

1. Address: Office of Secretary of State
   Notary Commission Clerk
   180 Civic Center Dr.
   Columbus, OH 43215

2. Phone: 877-767-6446
   614-644-4559

3. Website: ohiosos.gov/notary/

Laws, Rules and Guidelines

1. 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].

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

Commission Process

1. Qualifications: An applicant for a commission as an Ohio Notary Public must:
   (a) be at least 18 years old;
   (b) be an Ohio resident or a resident of another state who is an attorney admitted to the practice of law in Ohio 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 are exempt); and
   (d) complete an education program and pass an examination (attorneys are exempt) (ORC 147.01[B]).
   “Attorney notary commissions do not expire if you remain in good standing with the Ohio Supreme Court – this includes attorneys in “Active” and “Inactive” status” (website, “Notary Information, Resources and FAQs”).

2. 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]).

3. 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.

4. 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]).

5. 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]).

6. Commission and Oath: “Before entering upon the duties of office, a notary public shall take and subscribe an oath to be endorsed on the notary public’s commission” (ORC 147.03).

7. 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).

8. 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

1. 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]).

2. 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]).

3. Fee: The fee for applying for authorization to perform online notarizations is $20, payable by credit card (OAR 111:6-1-03[D][5]).

4. 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]).

5. 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]).

6. 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) A verification of the authority and good standing of the individual to perform notarial acts;
“(B) Whether the notary is registered 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

1. Nonattorneys: Five years (ORC 147.03).

2. 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).

3. 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

1. 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”).

2. 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.

3. 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

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7. 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]).

8. 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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Authorized Acts

1. Notarial Acts: Ohio Notaries are authorized to perform the following notarial acts:

   1. Take acknowledgments (ORC 147.07 and 147.51);

   2. Administer oaths and affirmations (ORC 147.07 and 147.51);

   3. Execute jurats (ORC 147.011[C]);

   4. Take and certify depositions (ORC 147.07).

2. 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 (ORC 147.64[A][1]).

Acknowledgments

1. 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 "acknowledged before me" means that:

      “(A) The person acknowledging appeared before the person taking the acknowledgment;
      “(B) The person acknowledging acknowledged executing the instrument;
      “(C) In the case of:
      “(1) A natural person, the person executed the instrument for the purposes therein stated;
      “(2) 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;
      “(3) 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;
      “(4) 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;
      “(5) 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 therein stated; and

      “(D) 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 147.541).

2. 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: The Notary must certify that the person acknowledging was known to the Notary, or that the Notary had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument (ORC 147.53[B]).

   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: “It is not required that the signature be witnessed by the notary, the act occurs when the signer acknowledges the signature on the document” (website, “Notary Information, Resources and FAQs”).

Oaths

1. 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”).

2. 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

1. 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. Affidavit: “An affidavit is a written declaration under oath, made without notice to the adverse party” (ORC 2319.02).

2. Requirements

   1. Oath, Affirmation: The certificate of notarial act for a jurat (ORC 147.551) recites, “Sworn to or affirmed and subscribed before me by _________ (name of signer)…”, indicating that the Notary must certify having administered an oath or affirmation at the time of the notarial act.
      “No notary public shall certify to the affidavit of a person without administering the appropriate oath or affirmation to the person. A notary public who violates this section shall be removed from office by the secretary of state. The person so removed shall be ineligible to reappointment for a period of three years” (ORC 147.14). This person may also be fined not more than $100 or imprisoned for 30 days, or both (ORC 147.99[B]).

   2. Witness Signature: The certificate of notarial act for a jurat (ORC 147.551) recites, “Sworn to or affirmed and subscribed before me by _________ (name of signer)…”, indicating that the Notary must personally witness the principal sign the document at the time of the notarial act.
      “[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”).

3. 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]). For the wording of this “Authenticator Certificate,” see “Certificate of Notarial Act,” below.

Depositions

1. Definition: “A deposition is a written declaration under oath, made upon notice to the adverse party” (ORC 2319.02).

2. 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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Personal Appearance

1. 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]).

2. 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”).

3. 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

1. Notarial Acts: The effect of the case of Keck v. Keck, 54 Ohio App. 2d 128 (1977) is that a Notary must positively identify any document signer, whether for an acknowledgment or a jurat.
   “Ohio Revised Code Section 147.53 requires the notary public to have satisfactory evidence as to the signer’s identity, which means personal knowledge or other evidence of the signer’s identity. A notary public has personal knowledge of the identity of the signer if the signer is personally known to the notary public through dealings sufficient to provide reasonable certainty that the signer has the identity claimed. A notary public may have satisfactory evidence of the signer’s identity by viewing a passport, driver’s license or other government issued photo identification card. Although, a notary public may consider other forms of identification or verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify by viewing a passport, driver’s license or other government issued photo identification card. A notary public should only proceed with the notarial act upon receipt of satisfactory evidence of the signer’s identity” (website, “Notary Information, Resources and FAQs”).

2. 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

1. 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”).

2. 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]).

3. 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

1. 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]).

2. 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

1. 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]).

2. 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]).

3. 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).

4. 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]).

5. 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]).

6. 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]).

7. 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

1. 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]).

2. 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

1. 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]).

2. 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”).

3. 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

1. Prohibition: “No notary public shall certify to the affidavit of a person without administering the appropriate oath or affirmation to the person” (ORC 147.14).

2. Penalty: “Whoever violates section 147.14 of the Revised Code shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both” (ORC 147.99[B]).

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

1. 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]).

2. 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]).

3. 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

1. 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).

2. 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 147.99[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

1. 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”).

2. 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”).

3. 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”).

4. 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

1. 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.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

Remote Notarial Acts

1. 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.

2. 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]).

3. 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]).

4. 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.

5. 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]).

6. Fees: For the fees that an Online Notary may charge, see “Fees for Notarial Acts,” below.

7. 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]).

8. 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.

9. 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 Requirements

1. 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]).

2. General Requirement: “A notary public shall provide a completed notarial certificate for every notarial act the notary public performs” (ORC 147.542[A]).

3. 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]).

4. 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.

Electronic Notarial Certificate

1. 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).

2. 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, 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]).

Remote Notarial Certificate

Sufficiency of Certificate: “For … electronic notarial acts performed by an online notary public using audio-video communication for a principal not in the online 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:
******
“(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).

Blank Notarial Certificate

“A notary public shall not … [a]ffix the notary’s signature to a blank form of an affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment” (ORC 147.141[A][8]).

Altering Notarial Certificate

“A notary public shall not … [a]mend or alter a notarial certificate after the notarization is complete” (ORC 147.141[A][12]).

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Definition

“'Electronic seal' means information within a notarized electronic document to which all of the following apply:
“(1) The information confirms the notary public’s name, jurisdiction, and commission expiration date.
“(2) The information generally corresponds to the contents, layout, and format of the notary public’s seal for use on paper documents, as required under section 147.04 of the Revised Code” (ORC 147.60[E]).

Seal Requirement

1. Notarial Acts: Required. “Before entering upon the discharge of his duties, a notary public shall provide himself with a seal of a notary public” (ORC 147.04).

2. In-Person Electronic Notarial Acts: Required (ORC 147.04).

3. Remote Notarial Acts: Required. “An online notary public shall attach the online notary public’s electronic signature and electronic seal to the notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (ORC 147.66[D]).

Seal Format

1. Notarial Acts

   1. Inked Stamp or Embosser: “The seal may be of either a type that will stamp ink onto a document or one that will emboss it” (ORC 147.04).

   2. Shape and Size: Not specified, but must contain the state coat of arms in a circle of at least three-quarters of an inch, but no larger than one inch in diameter, surrounded by the required wording (ORC 147.04). The state coat of arms is prescribed in ORC 5.04.

   3. Components:

      1. State coat of arms in a 3/4-inch to 1-inch diameter circle surrounded by the following words:

      2. “Notary Public” or “Notarial Seal” or words to that effect;

      3. Name of Notary*;

      4. “State of Ohio.”
         “The name of the notary public may, instead of appearing on the seal, be printed, typewritten, or stamped in legible, printed letters near (the notary public’s) signature on each document signed by (the notary)” (ORC 147.04).

2. In-Person Electronic Notarial Acts: Not prescribed, but the definition of “electronic seal” cited above indicates the electronic seal corresponds to the content, layout, and format of the Notary Public’s seal for use on paper documents.

3. Remote Notarial Acts: Not prescribed, but the definition of “electronic seal” cited above indicates the electronic seal corresponds to the content, layout, and format of the Notary Public’s seal for use on paper documents.

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Ohio law. Formats other than these may also be permitted.

Open

Open

Traditional Notary Seals

Open

Electronic Notary Seal

Electronic Signature and Seal

1. Security: “An online notary public shall take reasonable steps to ensure that any device or software used to create an official electronic signature is current and has not been recalled or declared vulnerable by the device or software’s manufacturer, seller, or developer” (ORC 147.66[A]).

2. Exclusive Control: “An online notary public shall … [e]xcept as provided in division (D)(5)(b) of section 147.65 of the Revised Code, keep the online notary public’s … official electronic signature, and electronic seal secure and under the online notary public’s exclusive control….” (ORC 147.66[B][1][a]).

3. In-Person Electronic, Online Notarial Acts Only: “An online notary public shall … [u]se the online notary public’s official electronic signature and electronic seal only for performing online notarizations or notarizations pursuant to section 147.591 of the Revised Code” ” (ORC 147.66[B][1][b]).

4. Exclusive Use: “An online notary public shall not allow another person to use the online notary public’s … official electronic signature, or electronic seal” (ORC 147.66[B][2]).

Grandfathered Seals

“A person commissioned as a notary public prior to the effective date of this section may continue to use a seal that met the requirements of section 147.04 of the Revised Code and that was in that person’s possession before that date” (ORC 147.041). Note: ORC 147.041 took effect September 20, 2019.

Placement of Seal

Strict formatting rules for documents that will be recorded with Ohio county recorders went into effect July 1, 2009. On such documents, margins on pages other than the first must be 1 inch on the sides and bottom of the page and 1½ inches on the top of the page. For any failure to adhere to these rules, the recorder may charge an additional fee of $20 per document. An impression of a Notary’s official seal and/or other commission-related information that protrudes into the margin could result in such a fee (ORC 317.114[A][6], [7] and [9] and 317.114[B][1]).

Security of Seal

“My employer terminated me and kept my notary seal, what do I do? – The notary public is responsible for maintaining and keeping control of their notary seal and journal. The employer may not keep these items even if they paid for them. The notary public must insist on taking these items when employment ends. If the employer refuses, then suggested steps would be sending a certified letter to the employer requesting the items attesting they are the sole property of the notary public; contact the Ohio Secretary of State’s Office or contact your local police department” (website, “Notary Information, Resources and FAQs”).

Seal of Veterans’ Affairs Commissioners

The seal of a veterans’ affairs commissioner is identical to the Notary seal, except it bears the words “Commissioner of the State of Ohio for Veterans’ Affairs” instead of “Notary Public” and “State of Ohio.” This seal should only be affixed in notarizing documents used in connection with the veterans’ administration (ORC 147.32).

Name, Signature of Notary

“A notary public shall not … [u]se a name or initial in signing certificates other than that by which the notary public is commissioned” (ORC 147.141[A][6]).

Notary Facsimile Signature Stamp

“A notary public shall not … [s]ign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits the notary’s ability to make a written signature and unless the notary has first submitted written notice to the secretary of state with an example of the facsimile signature stamp” (ORC 147.141[A][7]).

Name of Notary

“The name of the notary public may, instead of appearing on the seal, be printed, typewritten, or stamped in legible, printed letters near the notary public’s signature on each document signed by the notary public” (ORC 147.04).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Required. “An online notary public shall maintain one or more electronic journals in which the online notary public records, in chronological order, all online notarizations that the online notary public performs” (ORC 147.65[A]).

2. Recording of Remote Notarial Acts: Required. “An online notary public shall … [c]reate and maintain pursuant to [ORC 147.65] a complete recording of the audio-video communication that is the basis for identification of a principal for each online notarization” (ORC 147.65[D][3]).

Security of Notarial Records

“An online notary public shall
******
“(4) Maintain a backup for … the audio-video recordings required by division (D)(3) of this section;
“(5) (a) Safeguard … all other notarial records by doing all of the following: … [c]reating the audio-video recording required under division (D)(3) of this section in a tamper-evident electronic format complying with the rules of the secretary of state adopted under section 147.62 of the Revised Code;
“(iii) Protecting the … audio-video recordings from unauthorized use” (ORC 147.65[D][4]-[5]).

“An online notary public shall … [s]urrender or destroy … all other notarial records only by rule of law, by court order, or at the direction of the secretary of state” (ORC 147.65[D][6]).

“Except as provided in division (E) of section 147.66 of the Revised Code, … the audio-video recordings required by division (D)(3) of [ORC 147.65] shall be maintained by the online notary public during the term of the online notary public’s authorization to perform online notarizations” (ORC 147.65[F][1]).

New Electronic Journal for Each Term

“If the notary public renews the notary public’s authorization to conduct online notarizations pursuant to division (D) of section 147.63 of the Revised Code, the notary public shall, beginning on the date the renewal is effective, maintain a new electronic journal in accordance with this section” (ORC 147.65[F][3]).

Journal Format

“The electronic journal shall enable access by a password or other secure means of authentication and be in a tamper-evident electronic format complying with the rules of the secretary of state adopted under section 147.62 of the Revised Code” (ORC 147.65[A]).

Journal Entries

1. Required Entries: “For every online notarization, the online notary public shall record the following information in the electronic journal:
   “(1) The date and time of the notarial act;
   “(2) The type of notarial act;
   “(3) The title or a description of the record being notarized, if any;
   “(4) The electronic signature of each principal;
   “(5) The printed full name and address of each principal;
   “(6) If identification of the principal is based on personal knowledge, a statement to that effect;
   “(7) If identification of the principal is based on satisfactory evidence of identity pursuant to division (E)(2) of section 147.64 of the Revised Code, a description of the evidence relied upon, including the date of issuance or expiration of any identification credential presented;
   “(8) If identification of the principal is based on a credible witness or witnesses, the name of the witness or witnesses;
   “(9) If the notarization was not performed at the online notary public’s business address, the address where the notarization was performed;
   “(10) A description of the online notarization system used;
   “(11) The fee, if any, charged by the notary;
   “(12) The name of the jurisdiction in which the principal was located at the time of the online notarization;
   “(13) The recording upon which the identification of the principal is based, as required under division (D)(3) of this section;
   “(14) Any other information required by the secretary of state” (ORC 147.65[B]).

2. Prohibited Entries: “An online notary public shall not record a social security number in the electronic journal” (ORC 147.65[C]).

Inspection and Copying of Electronic Journal

1. Public Access: “Except as provided in divisions (G)(2) and (3) of [ORC 147.65], any person may inspect or request a copy of an entry or entries in the online notary public’s journal, provided that all of the following are met:
   “(a) The person specifies the month, year, type of record, and name of the principal for the notarial act, in a signed tangible or electronic request.
   “(b) The notary does not surrender possession or control of the journal.
   “(c) The person is shown or given a copy of only the entry or entries specified.
   “(d) A separate new entry is made in the journal, explaining the circumstances of the request and noting any related act of copy certification by the online notary public” (ORC 147.65[G][1]).

2. Official Access: “The journal may be examined and copied without restriction by a law enforcement officer, as defined in section 2901.01 of the Revised Code, in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the secretary of state” (ORC 147.65[H][1]).
   “Notwithstanding division (H)(1) of this section, an attorney authorized to conduct online notarizations may object to the examination, or copying, of the attorney’s journal pursuant to division (H)(1) of this section based on attorney-client privilege” (ORC 147.65[H][2]).

3. Denial of Access: “An online notary public who has a reasonable and explainable belief that a person requesting information from the notary’s journal has a criminal or other inappropriate purpose may deny access to any entry or entries” (ORC 147.65[G][3]).

4. Certified Copies: “Notwithstanding division (A)(5) of section 147.141 of the Revised Code, an online notary public may certify copies made from the online notary public’s electronic journal” (ORC 147.65[G][2]).

5. Attorney Requirements: “An attorney authorized to conduct online notarizations shall only allow inspection, or provide copies, of an entry or entries in the attorney’s journal if the requesting party was a principal in the transaction or transactions to which the journal entry or entries apply or if the requesting party is acting on a principal’s behalf. An attorney may deny a request to inspect or receive copies of a journal entry based on attorney-client privilege” (ORC 147.65[G][5]).

6. Secretary of State, Repository Requirements: “The secretary of state, or a repository approved by the secretary of state, shall only allow inspection, or provide copies of, an entry or entries in a journal deposited with the secretary or the repository by an attorney authorized to conduct online notarizations if the requesting party was a principal in the transaction or transactions to which the journal entry or entries apply or if the requesting party is acting on a principal’s behalf” (ORC 147.65[G][5]).

Security of Electronic Journal

1. Backup

   1. Audio-Visual Recordings: “An online notary public shall … [c]reate and maintain pursuant to this section a complete recording of the audio-video communication that is the basis for identification of a principal for each online notarization….” (ORC 147.65[D][3]).

   2. Electronic Journal: ““An online notary public shall … [m]aintain a backup for the electronic journal required by division (A) of this section and the audio-video recordings required by division (D)(3) of this section…” (ORC 147.65[D][4]).

2. Exclusive Use: “An online notary public shall … [s]afeguard the electronic journal and all other notarial records by … [n]ot allowing the electronic journal to be used by another notary…. (ORC 147.65[5][a][i].

3. Unauthorized Use: “An online notary public shall … [s]afeguard the electronic journal and all other notarial records by … [p]rotecting the electronic journal and audio-video recordings from unauthorized use” (ORC 147.65[D][3]-[5][a][iii]).

Third-Party Repository

1. Electronic Journal: “An online notary public may use a third party to keep and store the electronic journal. The secretary of state shall adopt, in rules under Chapter 119 of the Revised Code, standards pertaining to the use of such a third party” (ORC 147.65[D][5][b]).

2. Breach Notifications

   1. Third Parties

      1. Unauthorized Access, Use: “A third party keeping and storing electronic journals for online notaries public pursuant to division (D)(5)(b) of section 147.65 of the Revised Code shall immediately, upon discovery, notify the secretary of state, an appropriate law enforcement agency, and any affected online notaries public of the unauthorized access, modification, transfer, duplication, or use of any electronic journals in the third party’s possession or control” (ORC 147.66[C][1]).

      2. Loss: “If notice has not already been given pursuant to division (C)(1) of this section, a third party keeping and storing electronic journals for online notaries public pursuant to division (D)(5)(b) of section 147.65 of the Revised Code shall immediately, upon discovery, notify the secretary of state and any affected online notaries public of the loss of any electronic journals in the third party’s possession or control” (ORC 147.66[C][2]).

   2. Notary Notifications

      1. Unauthorized Access, Use: “If notice has not already been given pursuant to division (C)(1) or (2) of this section, an online notary public shall immediately, upon discovery, notify an appropriate law enforcement agency and the secretary of state of the unauthorized access, modification, transfer, duplication, or use of the online notary public’s electronic journal, official electronic signature, or electronic seal” (ORC 147.66[C][3]).

      2. Loss: Secretary of State: “If notice has not already been given pursuant to division (C)(1), (2), or (3) of this section, an online notary public shall immediately notify the secretary of state of the loss of the online notary public’s electronic journal, official electronic signature, or electronic seal” (ORC 147.66[C][4]).

Retention of Electronic Journal

“Except as provided in division (E) of section 147.66 of the Revised Code, an electronic journal required under division (A) of this section and the audio-video recordings required by division (D)(3) of this section shall be maintained by the online notary public during the term of the online notary public’s authorization to perform online notarizations” (ORC 147.65[F][1]).

Surrendering Electronic Journal

1. Only By Rule of Law: “An online notary public shall … [s]urrender or destroy the electronic journal and all other notarial records only by rule of law, by court order, or at the direction of the secretary of state….” (ORC 147.65[D][6]).

2. Termination of Employment: “An online notary public shall … [n]ot surrender the electronic journal to an employer upon termination of employment” (ORC 147.65[D][7]).

Employer Retention of Electronic Journal

1. General Prohibition: “An employer shall not retain the electronic journal of an employee who is an online notary public when the notary’s employment ceases” (ORC 147.65[E][1]).

2. Employee-Employee Retention Agreement: “Notwithstanding division (E)(1) of this section, an online notary public may make an agreement with a current or former employer pursuant to division (D)(5)(b) of this section” (ORC 147.65[E][2]).

3. Employer as Repository: “An online notary public may use any current or former employer approved as a repository by the secretary of state to meet all applicable repository requirements of this section or section 147.66 of the Revised Code and any associated rules” (ORC 147.65[E][3]).

Disposition of Electronic Journal

1. Expiration of Authorization: “Upon the expiration, pursuant to division (D) of section 147.63 of the Revised Code, of the notary public’s authorization to conduct online notarizations, the online notary public shall transmit the electronic journal to the secretary of state or to a repository approved by the secretary of state. The secretary of state or repository shall maintain the electronic journal for a period of ten years. If the electronic journal is transmitted to a repository, the online notary public shall inform the secretary of state where the journal is located during this period” (ORC 147.65[F][2]).

2. Commission Resignation, Revocation, Nonrenewal: “Upon resignation, revocation, or expiration without renewal of an online notary public commission, the online notary public shall transmit the electronic journal to the secretary of state or to a repository approved by the secretary of state. This requirement does not apply to electronic journals that, as of the date of the resignation or expiration, were no longer kept in accordance with division (F) of section 147.65 of the Revised Code. If the electronic journal is transmitted to a repository, the online notary public shall inform the secretary of state where the journal is located during this period” (ORC 147.66[E][1][a]).

3. Death or Incompetence of Notary: “Upon death or adjudicated incompetence of a current or former notary public, the executor or administrator of the online notary public’s estate, the notary’s guardian, or any other person knowingly in possession of the online notary public’s electronic journal, shall transmit the journal to the secretary of state or to a repository approved by the secretary of state” (ORC 147.66[E][1][b]).

4. Access Instructions: “The online notary public, the notary’s personal representative or guardian, or the administrator or the executor of the notary’s estate shall provide access instructions to the secretary of state for any electronic journal maintained or stored by the online notary public, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the online notary public, if that person is in possession of such instructions” (ORC 147.66[E][2]).

5. Retention Period: “The secretary of state or repository receiving a journal transmitted under division (E)(1) of this section shall maintain the journal for a period of ten years” (ORC 147.66[E][3]).

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Maximum Fees

1. Notarial Acts: Ohio Notaries may charge up to $5 for any notarial act that is not an online notarization (ORC 147.08[A][1]).

2. Remote Notarial Acts: Ohio Notaries may charge up to $25 for an online notarization (ORC 147.08[A][2]).

3. Per Signature Basis Prohibited: The fees for notarial acts, electronic notarial acts, or online notarial acts may not be calculated on a per signature basis (ORC 147.08[C]).

4. Depositions: Fees for depositions should not exceed those that are usual and customary in a given community, unless higher fees were agreed upon ahead of time (ORC 2319.27).

Travel Fees

“[A] notary may charge a reasonable travel fee, as agreed to by the notary and principal prior to the notarial act” (ORC 147.08[D]).

Veterans’ Organizations

Representatives of veterans’ organizations who are specially commissioned to notarize papers submitted to the Veterans’ Administration under ORC 147.32 may not charge for their notarial services.

Rules for Fees

“The secretary of state may adopt rules under Chapter 119. of the Revised Code to increase the fees authorized under [ORC 147.08]” (ORC 147.08[E]).

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Notary Signing Agents

1. No Laws: Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Ohio.

2. Errors and Omissions Insurance: Effective January 1, 2017, statute requires every title insurance agent or agency and subcontractors – including Notary Signing Agents – to maintain an errors and omissions insurance policy in an amount determined by the Superintendent of Insurance in rule. A title insurance agent or agency may maintain insurance that covers subcontractors, including Notaries. If the agent or agency does not have coverage that extends to subcontractors, subcontractors must hold a $50,000 policy.

   1. General Requirement: “The superintendent shall require every title insurance agent or agency and any subcontractors to maintain an errors and omissions policy, in any amount exceeding minimum limits established by the superintendent, that includes but is not limited to coverage for the agent’s or agency’s delegation of any agent or agency function. The superintendent shall adopt rules under Chapter 119. of the Revised Code setting forth the minimum requirements for that coverage, including but not limited to the minimum amounts, terms, and conditions of the coverage” (ORC 3953.23[D]).

   2. Amount; Title Insurance Agents, Agencies: “All title insurance agents or agencies shall maintain an errors and omissions insurance policy that includes but is not limited to coverage for the agent’s or agency’s delegation of any agent or agency function to a third party. The policy must provide a minimum coverage amount of two hundred fifty thousand dollars” (OAR 3901-7-02[D][1]).

   3. Amount; Subcontractors: “(2) It is the title agent’s or agency’s responsibility to ensure that all subcontractors are covered under the agent’s or agency’s errors and omissions insurance policy or that any subcontractor not so covered maintains an errors and omissions policy with minimum coverage of fifty thousand dollars” (OAR 3901-7-02[D][2]).

Recording Requirements

1. Formatting Requirements: “Except as otherwise provided in divisions (B) and (C) of this section, an instrument or document presented for recording to the county recorder shall have been prepared in accordance with all of the following requirements:
   “(1) Legible print size not smaller than a font size of ten;
   “(2) Minimum paper size of eight and one-half inches by eleven inches;
   “(3) Maximum paper size of eight and one-half inches by fourteen inches;
   “(4) Black or blue ink only;
   “(5) No use of highlighting;
   “(6) Margins of one-inch width on each side of each page of the instrument or document;
   “(7) A margin of one-inch width across the bottom of each page of the instrument or document;
   “(8) A three-inch margin of blank space across the top of the first page of each instrument or document to accommodate any certification or indorsement of the county engineer, county auditor, or county recorder, as may be required by law, with the right half of that margin being reserved for the indorsement of the county recorder required by section 317.12 of the Revised Code; and
   “(9) A one and one-half-inch margin of blank space across the top of each of the remaining pages of the instrument or document to accommodate any certification or indorsement of the county engineer, county auditor, or county recorder, as may be required by law” (ORC 317.114[A]).

2. Additional Recording Fee: Any document that does not conform to the above requirements will be assessed an additional fee of $10 and a housing trust fund fee of $10 (ORC 317.114[B][1]). However, Notary stamps and seals and any signatures and initials that appear within the document are not required to satisfy the font size requirement and the recorder may not assess and collect any additional fees for these items.

3. Legible Signatures: “No instrument by which the title to real estate or personal property or any interest therein or lien thereon, is conveyed, created, encumbered, assigned, discharged, canceled or otherwise disposed of, shall be received for record or filing by the county recorder, if the signatures of the persons signing such instrument are illegibly written, unless the name of each person who in any capacity signed such instrument, and whose written signature is illegible, is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person. The recorder shall receive any such instrument for record or filing, although it does not comply with this paragraph, if the name of each such person appears elsewhere in the instrument legibly printed, typewritten, or stamped, or if there is written on or attached to the instrument, for record, an affidavit of some person having personal knowledge of the facts, which affidavit states the correct name of the person whose signature was illegibly written and whose name was not printed, typewritten, or stamped thereon” (ORC 317.11).

4. Legible Names: Whenever, in this section it is required that the name of a person be printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person, such signature shall be written upon the instrument directly preceding or above the printed, typewritten, or stamped name. Such printed, typewritten, or stamped name shall not be superimposed upon the signature so as to render either illegible. Any such instrument shall be entitled to be received for record or filing if the printed, typewritten, or stamped name and signature are deemed by the recorder to be so placed upon such instrument as to render the connection between the two apparent. Any instrument received and recorded or filed by a recorder is conclusively presumed to comply with the requirements of this section, which shall be in addition to the requirements imposed by any other law relating to the recording of instruments” (ORC 317.11).

5. Legible Reproduction: “Each instrument and its contents by which the title to real estate or personal property, or by which any interest in or lien on real estate or personal property, is conveyed, created, encumbered, assigned, discharged, canceled, or otherwise disposed of, and that is presented to the county recorder for recording or filing shall be of a quality that permits the legible reproduction of the instrument, and the contents of the instrument shall be sufficiently legible to permit their reproduction by photographic or microphotographic processes” (ORC 317.112[A]).

6. English Translations: “The county recorder shall not accept for recording a deed or other instrument in writing that is executed or certified in whole or in part in a language other than the English language unless it complies with the requirements of sections 317.11, 317.111 and 317.112 of the Revised Code and is accompanied by a complete English translation certified as provided in this section. The translator of the deed or other instrument in writing shall certify that the translation is accurate and that the translator is competent to perform the translation. The translator shall sign and acknowledge the translation of the deed or other instrument in writing before a judge of a court of record in this state, a clerk of a court of record in this state, a county auditor, a county engineer, or a notary public.
   “A certificate of the translator that is substantially in the following form satisfies the requirements of this section:
   CERTIFICATE OF TRANSLATOR
   The undersigned, _________________, hereby certifies that the document attached to this certificate and made a part of this certificate has been translated into English by the undersigned; that the translation is accurate; and that the undersigned is competent to perform the translation.
   _________________ (Signature of Translator)
   SSN: ____________
   State of Ohio
   County of ______________
   The foregoing certificate of translator has been acknowledged before me this ____ day of _________, _________.
   _________________ (Signature of Judge or Officer Taking the Acknowledgment)” (ORC 317.113)

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Acknowledgments in Ohio

Besides Notaries, the following officers in Ohio have authority to take the acknowledgment of a deed, mortgage, land contract or lease of any interest in real property (ORC 5301.01[A]):

1. Judge of a court of record;

2. Clerk of a court of record;

3. County auditor;

4. County engineer;

5. Mayor.

Veterans’ Affairs Commissioners: Representatives of congressionally chartered veterans’ organizations (American Legion, VFW, Disabled American Veterans, etc.) may be appointed as Ohio commissioners of veterans’ affairs, with a term of three years and power to affix a seal in notarizing documents used in connection with or before the veterans’ administration. They may not charge fees (ORC 147.32).

Notarial Acts Outside of Ohio

1. 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:
   “(A) A notary public authorized to perform notarial acts in the place in which the act is performed.
   “(B) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed.
   “(C) 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.
   “(D) 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:
   “(1) A merchant seaman of the United States;
   “(2) A member of the armed forces of the United States;
   “(3) Any other person serving with or accompanying the armed forces of The United States;
   “(E) Any other person authorized to perform notarial acts in the place in which the act is performed” (ORC 147.51).

2. Proof of Authority

   1. 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) to (D) 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 his authority is not required” (ORC 147.52[A]).

   2. 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.
      “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 his authority to perform the notarial act.
      “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 Acknowledgment Certificate

“The form of a 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:
“(A) The certificate is in a form prescribed by the laws or regulations of this state;
“(B) The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
“(C) The certificate contains the words ‘acknowledged before me,’ or their substantial equivalent” (ORC 147.54).

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Ohio Secretary of State

The Ohio Secretary of State issues apostilles and authentications for documents destined overseas (website, “Authentication and Apostilles”). If the document is destined for a country party to the 1961 Hague Apostille Convention, an apostille is attached. Documents destined to all other countries receive a gold seal certification.

Effect of Apostille

“An Apostille only certifies the origin of the public document to which it relates: it certifies the authenticity of the signature or seal of the person or authority that signed or sealed the public document and the capacity in which it was done. An Apostille does not certify the content of the public document to which it relates.  Apostilles are not grants of authority and do not give any additional weight to the content of underlying documents.  An Apostille may never be used for the recognition of a document in the country where that document was issued – Apostilles are strictly for use of public documents abroad.  Apostilles will not be issued for documents intended for use within the United States” (website, “Authentication and Apostilles”).

1. Address:
   Ohio Secretary of State
   Client Service Center
   180 Civic Center Dr.
   Columbus, Ohio 43215

2. Phone:
   614-728-9200 (central Ohio)
   877-767-3453 (toll free)

3. Procedure

   1. Mailed Requests

      1. Notarized Documents: To obtain either type of authenticating certificate, mail the notarized document(s) along with the appropriate fee(s).

      2. Cover Letter: An “Authentication Request Cover Letter” (downloadable from the website) must be included and indicate the country to which the document(s) will be sent. A daytime telephone number is required.

      3. Return Delivery” A prepaid addressed envelope or overnight delivery label is required for return of the document(s). Customers seeking expedited return of time-sensitive authenticated documents are encouraged to use FedEx for tracking and faster delivery times (website, “Authentication Request Cover Letter”).

      4. Processing Time: “Mailed documents are processed within two to three business days” (website, “Authentications and Apostilles, Submission Information”).

   2. In-Person Requests: “If timing does not permit mailing a request, please come to our Client Service Center for in person service” (website, “Authentications and Apostilles, Submission Information”).

4. Fees: The Secretary of State’s fee is $5 per authentication, whether by a “gold seal authentication” or an apostille. Payable by check or money order issued by a United States bank to “Ohio Secretary of State” (website, “Authentication and Apostilles, Frequently Asked Questions”).

5. School Records: “What steps need to be taken in order to have my school records authenticated? – If you need your school records authenticated for use in another country, then you should have someone sign the document in the presence of a notary public. The notary public will properly complete a notarial certificate and our office can authenticate the notary public’s signature” (website, “Authentications and Apostilles: Frequently Asked Questions”).

6. Birth, Death Records: “This office (i.e., Notary Commission) can only attach an apostille to a certified copy of a birth or death certificate that is issued by the custodian of the record. This office cannot accept a photocopy a photocopy or copy containing the notarized signature of the document custodian. Many foreign countries will not accept notarized copies of birth and death certificates. See ORC § 3701-5-02” (website, “Authentications and Apostilles, Types of Documents”).

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