Notary Resources and Frequently Asked Questions

Submission Requirements

Commission, Renewal, and Remote Online Notary Authorization applications must be submitted online at notary.ohiosos.gov. Use Chrome, Firefox, or Safari for the best experience.

Notary Public Jurisdiction

• An Ohio notary public has statewide jurisdiction to perform notarial acts.

• Notaries must be physically located in Ohio when performing traditional or remote online notarizations.

• Performing notarial acts outside Ohio may result in revocation of the commission.

Remote Online Notarizations

Notaries may not perform remote online notarizations (RON) unless authorized by the Secretary of State. RON must be completed on a platform that meets O.A.C. 111:6-1-05 requirements, including:

• Two-way, live audio-video communication.

• Credential analysis of the signer’s identification.

• Identity proofing of the signer.

• Credential analysis and identity proofing performed by a reputable third party that can provide reasonable evidence to the online notary.

The notary must be physically in Ohio during the notarization; the signer may be outside Ohio.

All RON acts must be logged in an electronic journal.

Traditional vs. Electronic Notarizations

Please note that a personal appearance is always required for both traditional and electronic notarizations.

Benefits of and Requirements for Keeping a Journal

For traditional notarizations, Ohio law does not require a journal; however, the Secretary of State strongly recommends logging every notarial act as a best practice.

For Remote Online Notarizations, Ohio law requires all RON acts to be recorded in an electronic journal. Per R.C. 147.65(B)(1)–(14), this electronic journal must include the following information for each online notarization:

• Date and time of the notarial act

• Type of notarial act

• Title or description of the record (if any)

• Electronic signature of each principal

• Printed full name and address of each principal

• If based on personal knowledge, a statement to that effect

• If based on satisfactory evidence, a description of the evidence relied upon, including the issuance/expiration date of any ID presented

• If based on a credible witness, the witness’s name(s)

• If not performed at the notary’s business address, the location of the notarization

• Description of the online notarization system used

• Fee charged (if any)

• Jurisdiction where the principal was located

• The recording used to identify the principal, as required under division (D)(3)

• Any other information required by the Secretary of State

How to Properly Perform a Notarial Act

1. Notary’s location. The notary must be in Ohio at the time of the notarization (includes RON).

2. Appearance. The signer must appear before the notary.

   • In person for traditional and electronic notarizations.

   • Real-time two-way audio-video meeting (Ohio Administrative Code 111:6-1-05) for RON.

3. Verify the document. Review the document to ensure the notarial certificate language is present and no required fields are blank.

4. Identify the signer (R.C. 147.50). Identify by personal knowledge or satisfactory evidence.

   • Satisfactory Evidence

     • Inspect an acceptable government-issued ID (passport, driver license, or government-issued ID with a photo or signature).

     • ID must be current or not expired for more than 3 years.

     • A notary may request additional information to establish identity.

   • Personal Knowledge

     • The signer is personally known to the notary through sufficient dealings to provide reasonable certainty of identity.

     • Require an oath/affirmation from a credible witness who appears before the notary and is personally known to the notary or identified with acceptable ID.

     • Note: A witness is not credible if they have a conflict of interest (e.g., direct financial interest or are a party to the transaction).

   • Phone identification is not allowed. A signer cannot be identified over the phone. Doing so may result in disciplinary action.

5. Determine the ability and willingness to sign. Do not proceed if the signer appears mentally incapable, under undue influence, or subject to coercion (R.C. 147.141 (A)(10) and (14)).

6. Complete the act and certificate. If the document has a certificate, confirm whether it is an acknowledgment or jurat. If it does not, the signer must choose acknowledgment or jurat, and the notary then attaches the correct certificate.

   • Acknowledgment:

     • The signer appears and acknowledges their signature.

     • The notary need not witness the signing.

   • Jurat (R.C. 147.011 (C)(1), (2)):

     • The signer appears, is administered an oath or affirmation, and signs in the notary’s presence.

     • Example oath/affirmation:

       • “Do you solemnly swear that the statements in this document are true, so help you God?”

       • “Do you affirm, under penalty of perjury, that the statements in this document are true?”

Notarial Certificate Wording Requirements:

• Acknowledgment: includes “Acknowledged before me” (or substantial equivalent).

• Jurat: includes “Sworn to and subscribed before me” (or substantial equivalent).

Notarial Seal Requirements

1. The coat of arms of Ohio (¾ inch to 1 inch diameter).

2. The words “Notary Public” and “State of Ohio.”

Collect allowable fees.

• Traditional and electronic acts: up to $5 per notarial act; a reasonable travel fee is allowed if agreed before the act (R.C. 147.08, R.C. 147.141).

• Remote online acts: up to $30 per notarial act, plus a technology fee up to $10 per online notarization session (chargeable even if the act is not completed).

Notarial Certificate Examples

Acknowledgment

Jurat

How to Notarize for a Representative Signer

A representative signer is a person signing on behalf of another person or business (e.g., under a power of attorney). When notarizing a document with a representative signer:

1. The representative signer appears before the notary.

2. Verify the document is complete (no blanks).

3. Verify the signer’s identity and authority (Ohio law does not require the notary to judge the legal validity of the POA).

4. Complete the notarial act.

   • Acknowledgment: The representative signer acknowledges their signature.

   • Jurat: administer an oath/affirmation and witness the signature.

5. Complete the certificate using representative capacity language. For example:

   • Acknowledgment: “The foregoing instrument was acknowledged before me on (DATE) by Jane Doe, attorney in fact for John Smith.”

   • Jurat: “Sworn to and subscribed before me on (DATE) by Jane Doe, attorney in fact for John Smith.”

Note: The signature format on the document must state the signer and the principal (“Jane Doe, attorney in fact for John Smith, principal.”).

Important: Certificates of Title

Certificates of Title generate a high volume of complaints and investigations.

• Do not notarize any section of a title if any information is missing.

• If a title presented to the BMV is incomplete, the BMV may file a complaint.

• Common fraud risks:

  • The signer does not appear in person.

  • The notary does not identify the signer.

  • The title is not in the seller’s name.

Process for Notarizing an Ohio Certificate of Title

A “casual sale” is a transfer by someone other than a licensed dealer (see R.C. 4517.01 (O)). Casual sales require notarization.

Step 1: Assignment of Ownership (Seller)

Required fields (all must be completed before notarization):

1. Selling price

2. Date of sale/delivery

3. Consent form (if minor)

4. Buyer’s legal name and address

5. Odometer reading

6. Appropriate box checked

• This section requires a jurat: the seller must swear/affirm that the information is true and correct.

• Missing information = improper notarization and may lead to disciplinary action.

Step 2: Application for Certificate of Title (Buyer)

May not be notarized until Step 1 is completed and notarized.

Required fields:

1. Acceptance of odometer certification

2. Name and address

3. Purchase price and other required financial information

4. Vehicle information

5. Lienholder information (if applicable)

6. Consent form (if minor)

• This section requires a jurat: the buyer must swear/affirm that the information is true and correct.

• Missing information = improper notarization and may lead to disciplinary action (see R.C. 4505.06, R.C. 4505.07, and R.C. 147.141).

Prohibited Acts

• Ohio Revised Code 147.141 (summary)

Notaries must not:

• Perform a notarial act on a document executed by the notary or notarize their own signature.

• Take their own deposition.

• Act when there is a conflict of interest.

• Certify that a document is an original or a true copy of another record.

• Notarize if the signature isn’t exactly as it appears on the commission.

• Use a signature stamp unless the notary has a qualifying physical disability and has filed notice with the Secretary of State (with a stamp sample).

• Sign a blank acknowledgment/jurat form for later use.

• Take an acknowledgment or oath/affirmation from someone adjudicated mentally incompetent when the act requires exercising a removed right.

• Notarize when the person appears mentally incapable of understanding the document.

• Alter a written instrument after it’s signed or alter a notarial certificate after completion.

• Notarize a signature on a document that is incomplete or blank.

• Proceed if the signer appears unduly influenced or coerced.

• Use an acknowledgment in place of an oath/affirmation when one is required, or execute a jurat without administering an oath/affirmation.

• Determine the validity of a POA or other representative-capacity instrument (unless the notary is an Ohio-licensed attorney).

• Charge fees above the amounts prescribed by law.

Conflict of interest includes:

• A direct financial or other interest in the transaction (beyond allowable fees).

• Being named as a party to the transaction (e.g., grantor, grantee, trustee, beneficiary, lessor/lessee).

Refusing a Notarization

Notaries are public officers and should perform lawful notarial acts. However, refusal is required when:

• The signer does not appear before the notary.

• The signer cannot be identified.

• The signer refuses to swear/affirm when a jurat is required.

• The signer appears mentally incapable or is under coercion.

• The document is blank or incomplete.

• The document lacks a proper notarial certificate, and the signer will not allow the notary to attach a correct certificate.

• The notary has a conflict of interest.

• The notary does not have their seal available.

• The notary knows the transaction is fraudulent.

• The signer asks the notary to certify a copy of a vital record.

• The notary is unavailable (e.g., holiday, illness, or required travel outside scope).

Notaries may not refuse based on:

• Personal bias (nationality, religion, race, age, lifestyle, gender, disability).

• The purpose or content of the document (notarization does not equal endorsement).

• Multiple edits/changes (ensure the signer initials all changes before notarization; no changes after completion).

• The notary’s inability to read/understand the document.

Employers may set rules for notarial services performed within the scope of employment, but may not restrict the notary’s services outside the workplace.