OH Notary cheat sheet
OH Notary · Keep the key ideas within reach.
Ohio Notary Law and Statutory Requirements
Ohio notaries public are commissioned by the Secretary of State under Ohio Revised Code Chapter 147; the commission authorizes notarial acts anywhere in Ohio.
A commission runs for five years, and the expiration date must be printed on the notary's seal or stamp.
The minimum age to hold an Ohio notary commission is 18.
The required seal must contain the notary's name as commissioned, the words "Notary Public," "State of Ohio," and the commission expiration date.
Ohio notaries public are statutorily authorized to solemnize marriages, in addition to administering oaths, taking acknowledgments, and executing jurats.
The Secretary of State may deny, suspend, or revoke a commission for misconduct or for violations of notary statutes.
Authority is statewide: an Ohio notary is not restricted to the county of residence or place of business.
A notarial act performed after the commission's expiration date is invalid, because the person's authority as a notary has ended.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, the notary identifies the signer by satisfactory evidence, and the signer acknowledges signing voluntarily; the signer may have signed before appearing.
Jurat: the notary administers an oath or affirmation, and the signer signs the document in the notary's physical presence.
Satisfactory evidence of identity means the notary's personal knowledge of the signer, or a government-issued identification document bearing the signer's photograph and signature.
A complete certificate carries the notary's signature, the date of the act, the notary's commissioned name, the commission expiration date, and the seal.
Ohio certificates customarily state the venue as "State of Ohio, County of ____," identifying where the act took place.
An oath invokes a supreme being; an affirmation is a solemn promise without that invocation; both impose the same legal obligation on the signer.
The signer must be physically present before the notary, except that a registered online notary may act through approved audio-video technology.
A notary may decline any notarial act, and must decline when identity, willingness, competence, or presence cannot be established.
Duties, Responsibilities, and Recordkeeping
For each act the journal records the date and time, the type of act, the signer's name and address, the identification presented, and the signer's signature.
The notarial journal must be retained for at least five years after the last recorded act and protected from unauthorized use.
The notary signs each certificate with the name exactly as it appears on the commission.
The official stamp must be applied in ink, remain legible, and be capable of photographic reproduction.
The notary is responsible for seal security; no other person may use the seal, and loss or theft should be reported to the Secretary of State.
A notary may charge a fee for a notarial act, but not more than the maximum fee set by Ohio statute.
Every required element of the certificate must be completed before the notary signs and seals; a certificate is never signed while incomplete.
The notary personally tracks the commission expiration date and stops performing notarial acts when the commission lapses.
Prohibited Acts, Ethics, and Liability
A notary may not notarize the notary's own signature, or a document in which the notary is a party or holds a beneficial interest.
A notary may not perform an act for a signer who is not physically present, except a registered online notary using approved technology.
Notaries may not explain a document's legal effect, advise which document to use, or draft legal instruments; doing so may be unauthorized practice of law.
A notary may not certify a copy of a public record or a vital record such as a birth, death, or marriage certificate.
A notary must not sign or seal a certificate on a document containing blank spaces the signer intends to complete later.
A notary may not use the title "Notary Public" in advertising to promote, sell, or endorse products, services, or a business.
False statements on a notarial certificate expose the notary to criminal penalties, commission revocation, and civil liability.
The notary must refuse the act when the signer appears coerced, intoxicated, confused, or otherwise unable to understand the transaction.
Notarizing without the required identification or personal appearance can invalidate the document and result in discipline.