By: Stephen D.
Richman, Esq., Senior Counsel-Kohrman, Jackson & Krantz
Effective last Friday, September 20, 2019, a new law (Ohio
Senate Bill 263, the Notary Public Modernization Act) went into effect which makes
significant changes for Ohio Notaries Public and those who wish to become
Notaries. While some may not assign preeminent importance to “notary law”, the
Ohio State Bar Association adds notable perspective by stating, “the bill ensures consistent standards
across the state and provides for the training and support they need to
confidently and accurately witness and authenticate all the affidavits and
oaths, property titles, grants, deeds, contracts, adoptions, advanced
directives and powers of attorney — the documents, which represent the most
important transactions in our lives and for our economy.”
1.
Who is in Charge? The Ohio Secretary of State’s office is now in charge and the place to go for anyone
applying for a new Notary commission or seeking to renew their commission.
Previously, Ohio’s county courts of common pleas governed the process.
2.
Non-attorney
applicants for new Ohio Notary
commissions will be required to obtain a criminal records check, complete a three
hour education program and take/pass a test. Those seeking to renew will need a
new (not more than six months old) criminal records check and need to complete
a one hour “refresher” educational program.
3.
New attorney
applicants will be required to
complete a three hour training program, but will not be required to obtain a
criminal records check or take a test.
4.
New Fees. Ohio Notaries may now charge
up to: (i) $5 for an in-person, paper notarization; (ii) $10 for electronic
notarizations that are not performed online; and (iii) $25 for a remote, online
notarization.
5.
“New” Forms/Rules.
a)
Jurats. (where one swears to or affirms the truthfulness
of the contents of a document). For jurats, the new law includes a new statutory jurat form; or, you can still draft your own, provided, however that it clearly
states that an oath or affirmation was administered.
b)
Acknowledgements. (verify
the identity of the signer and confirm that the signer signed a document). For acknowledgements, you can use the “statutory short forms of acknowledgment” in the existing statute, or, you can create your own, but the
new law requires that the acknowledgement: 1) contain the words “acknowledged
before me” or their substantial equivalent; and 2) clearly state that an oath
or affirmation was not administered.
6.
Online Notaries. Anyone who is a commissioned Ohio Notary may apply to be an online Notary. To become authorized you must: 1) Successfully complete a two hour
education program; 2) pass a test; 3) pay an authorized provider a fee of $250;
and 4) submit an application to the Secretary of State and pay an application
fee of $20.
The Ohio Society of
Notaries (http://ohionotaries.org/)
has
been approved by the Secretary of State as an Authorized Provider of Training
& Testing under the new law. To
find out more about their training offerings, or to get answers to your questions about
notary procedures, signing situations, or best practices; you can call their free
helplines at (614) 336-7878, (614) 348-3305, or Email them.
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