Oklahoma Notary cheat sheet

An Oklahoma notary public is commissioned by the Secretary of State and holds office for a term of four years; the commission is not tied to a county of residence but the notary must be a legal resident of Oklahoma or maintain a principal place of business in the state.

A notary may not perform notarial acts before the commission is issued and the oath of office is filed; the official bond and oath are filed with the county clerk of the notary's county of residence.

Personal appearance is required: the principal signer must appear before the notary at the time of the notarial act. Oklahoma does not authorize notarization by phone, email, or mail alone.

The notary must verify identity of the signer, typically by personal knowledge or by a government-issued photo ID, and must record the method used in the notarial record.

A notary must not notarize a document in which the notary is a party, has a direct beneficial interest, or is named as a grantee, beneficiary, or assignee; this is a conflict of interest bar.

A notary public may perform the following notarial acts: acknowledgments, jurats (verification on oath or affirmation), oaths and affirmations, copy certifications, and signature witnessing where authorized by law.

The notary must sign and date the notarial certificate at the time of the act, state the commission expiration date, and apply the official seal or stamp.

A notary who changes name or address must notify the Secretary of State and the county clerk within the time required by statute; failure to update may invalidate later acts.

A notary may not use the title or seal to advertise, endorse products, or imply official state endorsement; the seal is for notarial acts only.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily; the signer need not sign in the notary's presence if already signed.

A jurat (verification upon oath or affirmation) certifies that the signer personally appeared, was identified, signed in the notary's presence, and swore or affirmed the truth of the contents.

The notary must positively identify the signer; acceptable methods include personal knowledge, a government-issued photo ID, or a credible witness who personally knows the signer and is identified by the notary.

The notary should ask the signer: 'Do you acknowledge that you signed this document voluntarily for the purposes stated?' and record the answer for an acknowledgment.

For a jurat, the notary administers the oath or affirmation before the signer signs; administering the oath after signing is improper.

The notary must determine that the signer appears competent and is not under duress; if the signer appears confused, coerced, or intoxicated, the notary should decline the act.

The notary must compare the signature on the document with the signature on the ID or with the notary's personal knowledge of the signer's signature.

A notary may not notarize a signature on a document written in a language the notary cannot read unless the notary can identify the signer and the certificate is in English; the notary certifies identity, not content.

If the signer cannot sign, the notary may follow statutory procedures for a signature by mark or by an authorized representative, documenting the method in the certificate.

Every notarial certificate must contain: the venue (state and county), the date of the act, the name of the person whose signature is notarized, the notary's signature, the notary's printed name, the commission expiration date, and the official seal or stamp.

The certificate must state the type of act performed (acknowledgment, jurat, oath, affirmation, copy certification) and the capacity of the signer if signing as a representative.

The notary's seal must include the notary's name, the words 'Notary Public,' the state of Oklahoma, the commission number, and the commission expiration date; the seal must be legible and photographically reproducible.

A journal of notarial acts is required in Oklahoma; the notary records the date, time, type of act, name and address of the signer, identification method, and signature of the signer.

The notary journal is the notary's property and must be retained for the period required by statute; it must be made available to the Secretary of State upon request.

The notary must not alter a completed certificate; if an error is made, the notary should correct it by a new certificate or by a dated notation, never by erasure or correction fluid.

The notary's official seal may be applied only when performing a notarial act; it must not be used on blank documents or documents the notary has not witnessed or verified.

The certificate should be attached to or placed on the same document as the signature being notarized; loose certificates are acceptable only if securely attached and clearly associated with the document.

Oklahoma notaries are governed by the Oklahoma Statutes, primarily Title 49 (Notaries Public), and rules of the Secretary of State; the Secretary of State appoints and commissions notaries.

Grounds for discipline or revocation include: performing a notarial act without required personal appearance, failing to require identification, notarizing with a conflict of interest, and making false certificates.

A notary who violates the notary statutes may be subject to criminal penalties, civil liability, and revocation of the commission by the Secretary of State.

The notary must not charge fees in excess of the statutory maximum; Oklahoma law sets a maximum fee per notarial act, and the notary must disclose any fee.

A notary may not delegate notarial authority; the notary's commission is personal and cannot be exercised by an employee or agent who is not commissioned.

The notary must not provide legal advice or explain the legal effect of a document; the notary's role is limited to verifying identity and administering oaths.

A notary may not notarize a document that the notary knows is fraudulent or that the notary has reason to believe is being executed under false pretenses.

If a notary is asked to perform an act outside the scope of the commission or the law, the notary must decline and may refer the party to an attorney or the Secretary of State.

A notary who resigns or whose commission expires must return the seal and journal to the Secretary of State or otherwise dispose of them as required by statute.