OH Notary key terms
OH Notary · Get comfortable with the vocabulary.
- Notary Public
- Related: Notary Commission, Notarial Act
A public officer commissioned by the State of Ohio to perform authorized notarial acts, such as acknowledgments, jurats, oaths, and affirmations, and to certify that those acts were properly performed.
- Notary Commission
- Related: Commission Term, Ohio Secretary of State
The formal authorization issued by the Ohio Secretary of State that grants a person the legal power to act as a notary public, subject to the state's notary statutes and rules.
- Commission Term
- Related: Notary Commission, Commission Revocation
The length of time an Ohio notary commission remains valid before renewal is required; under current Ohio law, a notary commission is issued for a five-year term.
- Ohio Secretary of State
- Related: Notary Commission, Notary Qualifications
The state official responsible for receiving notary applications, issuing and renewing commissions, maintaining notary records, and enforcing Ohio's notary laws.
- Notary Bond
- Related: Notary Commission, Civil Liability
A surety bond that an Ohio notary must obtain and maintain as a condition of holding a commission; it provides a source of compensation for members of the public harmed by a notary's improper official acts.
- Notary Qualifications
- Related: Notary Commission, Ohio Secretary of State
The statutory requirements a person must satisfy to be commissioned in Ohio, including age, residency or qualifying legal practice, and absence of disqualifying criminal convictions.
- Statewide Jurisdiction
- Related: Notary Commission, Venue
The authority of an Ohio notary to perform notarial acts anywhere within the state's boundaries, rather than only in the county where the notary lives or works.
- Notary Seal
- Related: Notarial Certificate, Electronic Notarization
The official stamp or embossing device a notary uses on notarial certificates; Ohio law specifies the information it must contain and requires its use on notarized documents.
- Electronic Notarization
- Related: Remote Online Notarization, Notary Seal
Performing a notarial act on an electronic document using an electronic signature and electronic seal in compliance with Ohio's notary statutes and applicable technology standards.
- Remote Online Notarization
- Related: Electronic Notarization, Personal Appearance
A notarial act in which the signer appears before the notary through real-time audio-video communication instead of being physically present; Ohio allows registered notaries to perform these acts.
- Notarial Act
- Related: Acknowledgment, Jurat, Oath
Any official act that Ohio law authorizes a notary public to perform, including taking acknowledgments, administering oaths and affirmations, executing jurats, and certifying copies.
- Acknowledgment
- Related: Personal Appearance, Satisfactory Evidence of Identity
A notarial act in which the signer personally appears before the notary, is identified, and states that the signature on the document is genuine and was made voluntarily for the document's intended purpose.
- Jurat
- Related: Oath, Affidavit, Notarial Certificate
A notarial certificate stating that the signer personally appeared before the notary, signed the document in the notary's presence, and swore or affirmed to the truth of its contents.
- Oath
- Related: Affirmation, Jurat
A solemn spoken promise, administered by a notary, to tell the truth or to perform a duty faithfully, carrying legal and moral consequences for the person making it.
- Affirmation
- Related: Oath, Jurat
A solemn spoken promise equivalent to an oath but made without swearing to a deity, used when a signer objects to oaths or prefers a nonreligious form of commitment.
- Affidavit
- Related: Jurat, Oath
A written statement of facts made by a person called the affiant, signed voluntarily and sworn or affirmed before a notary, typically evidenced by a jurat.
- Notarial Certificate
- Related: Venue, Notary Seal
The portion of a document, completed and signed by the notary, that describes the notarial act performed, the date, the venue, and the notary's signature and seal.
- Venue
- Related: Notarial Certificate, Statewide Jurisdiction
The geographic location-usually the state and county-where the notarial act is performed, shown at the beginning of a notarial certificate to identify the notary's authority.
- Personal Appearance
- Related: Remote Online Notarization, Satisfactory Evidence of Identity
The requirement that the signer be physically present before the notary when the notarial act occurs, unless the act is performed through an authorized remote online process.
- Satisfactory Evidence of Identity
- Related: Credible Witness, Personal Knowledge, Personal Appearance
Reliable proof of a signer's identity presented to the notary, such as a current government-issued photo identification, the notary's personal knowledge, or a credible witness's sworn statement.
- Credible Witness
- Related: Satisfactory Evidence of Identity, Oath
A person who personally knows the signer and, under oath or affirmation, vouches for the signer's identity to the notary when the signer lacks acceptable documentary identification.
- Personal Knowledge
- Related: Satisfactory Evidence of Identity, Credible Witness
The notary's familiarity with a signer gained through sufficient prior interaction and association to establish identity with reasonable certainty, without relying solely on documents.
- Copy Certification
- Related: Notarial Act, Notarial Certificate
A notarial act in which the notary examines an original document and certifies that a copy submitted is a true and accurate reproduction of that original.
- Signature by Mark
- Related: Jurat, Acknowledgment
A method used when a signer cannot write their name; the signer makes a mark, and the notarial certificate usually must include additional witnesses and specific language.
- Notary Journal
- Related: Record Retention, Notarial Act
A record in which a notary documents each notarial act performed, including the date, the signer's identity, and the type of act; Ohio law requires notaries to maintain such records.
- Duty to Verify Identity
- Related: Satisfactory Evidence of Identity, Personal Appearance
The notary's responsibility to confirm that the person appearing is the individual named in the document before performing any notarial act, using satisfactory evidence.
- Duty to Determine Willingness
- Related: Personal Appearance, Acknowledgment
The notary's responsibility to observe the signer and confirm that the signer is acting voluntarily, appears competent, and is not being coerced or deceived.
- Record Retention
- Related: Notary Journal, Notary Commission
The obligation to keep notary journal entries and related records for the period required by Ohio law and to make them available to authorized persons or authorities upon lawful request.
- Change of Information Reporting
- Related: Ohio Secretary of State, Notary Commission
A notary's duty to notify the Ohio Secretary of State when certain commission information changes, such as a legal name or address, within the time required by statute.
- Unauthorized Practice of Law
- Related: Notary Misconduct, Notario Publico Prohibition
Providing legal advice, selecting documents, or explaining the legal effect of a document by a notary who is not licensed to practice law; prohibited even when related to a notarial act.
- Self-Notarization
- Related: Conflict of Interest, Notary Misconduct
The prohibited practice of a notary performing a notarial act on a document in which the notary is a signer or has a direct beneficial interest, because it compromises impartiality.
- Conflict of Interest
- Related: Self-Notarization, Unauthorized Practice of Law
A circumstance in which a notary's personal, family, or financial interest in a transaction could bias the notarial act; the notary should avoid such situations to preserve impartiality.
- Notary Misconduct
- Related: Commission Revocation, Civil Liability
A violation of Ohio notary law or rules, including improper notarization, false certificates, or failure to follow required procedures, which may lead to discipline and criminal penalties.
- Civil Liability
- Related: Notary Bond, Notary Misconduct
A notary's legal exposure to a lawsuit by a person who suffers financial harm because the notary negligently or improperly performed a notarial act.
- Commission Revocation
- Related: Notary Misconduct, Ohio Secretary of State
The Secretary of State's formal cancellation of a notary's commission for cause, such as fraud, misconduct, or failure to meet statutory requirements, ending the notary's authority.
- Notario Publico Prohibition
- Related: Unauthorized Practice of Law, Notary Misconduct
A restriction on advertising that falsely implies a notary has legal expertise or authority to practice law; using titles like 'notario publico' to suggest such authority is misleading.
- Notary Fee
- Related: Notarial Act, Notary Misconduct
The charge a notary may collect for performing a notarial act, limited by Ohio statute; a notary may not demand or receive more than the allowed amount for the act.