Notary and Apostille Law: Ohio Laws

How to become a notary and what a notary can do.

Standards for online notarizations and online notaries public

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.

Every person holding an elected office may administer oaths of office to persons elected or appointed to offices of this state if those persons are elected or appointed to offices within the geographical limits of the elected officer's constituency, except that members of the general assembly may administer oaths of office to persons elected or appointed to any office under the constitution or laws of this state. Nothing in this section shall forbid the judge of a court established by the constitution of this state or a notary public commissioned in this state from administering an oath to any person.
When an oath of office is required to be certified in writing, the person taking the oath shall write the person's signature immediately under the text of the oath. The person administering the oath under authority of this section shall then write the administering person's signature, the title of the elected office that the administering person holds, and the date; and shall affix the seal of office if a seal is prescribed for, or has been adopted by, the administering person's office.

No county recorder, and no deputy or employee of the county recorder, shall take the acknowledgement of any instrument required to be filed or recorded in the county recorder's office.

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 is accompanied by a complete English translation certified as provided in this section.

It is the crime of perjury to knowingly make a false statement to a notary.

The clerk of the court of common pleas may administer oaths and take and certify affidavits, depositions, and acknowledgments of deeds, mortgages, powers of attorney, and other instruments in writing.

A notary public who becomes aware of abuse, neglect or exploitation of adult must report the abuse, neglect or exploitation to the Ohio Department of Job and Family Services.

All deeds, mortgages, land contracts, leases and memorandums of trust must be notarized.

Electronic Notarial Certificate Forms. Refers back to Oh. Rev. Code Sec. 147.55

This law made the following amendments to notary law:

Amends the definition of acknowledgment.
An 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.
It is important for a notary public to understand all requirements set forth in Chapter 147 related to notarial acts. Additional code sections should be referenced to understand prohibitions such as not performing a notarial act if it appears the person is mentally incapable of understanding the nature and effect of the document at the time of notarization. Further, section 147.53 states how to take an acknowledgment and section 147.54 provides information regarding the language required in an acknowledgment notarial certificate.
States a peace officer does not need to submit a criminal records report (BCI Report) when applying for a notary commission.
A peace officer must upload their Ohio Peace Officer Training Academy (OPOTA) Certificate in lieu of the BCI report when submitting a notary commission application and renewal application.
Removes language from ORC 147.542 stating an acknowledgment certificate shall state no oath or affirmation was given.
Adds a statutory short form of acknowledgment for a limited liability company.
Corrects error with language for the jurat certificate to require the name of the signer instead of their signature.
Removes notary requirements for a variety of motor vehicle title documents when a licensed motor vehicle dealer is a party to the transfer of that motor vehicle.
Removes the requirement that a power of attorney be notarized when a person grants that POA to a licensed motor vehicle dealer or the dealer’s agent for the transfer of motor vehicle title.

The Notary Public Modernization Act has passed. Most provisions effective 09/20/19; Certain provisions effective 03/20/19 and 07/01/19.

Noupe.com 8/8/19 The new law allows for electronic signatures.