Effective: September 20, 2019
Latest Legislation: Senate Bill 263 - 132nd General Assembly
(A) A notary public shall not do any of the following:
(1) Perform a notarial act with regard to a record or document executed by the notary;
(2) Notarize the notary's own signature;
(3) Take the notary's own deposition;
(4) Perform a notarial act if the notary has a conflict of interest with regard to the transaction in question;
(5) Certify that a document is either of the following:
(a) An original document;
(b) A true copy of another record.
(6) Use a name or initial in signing certificates other than that by which the notary public is commissioned;
(7) Sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits the notary's ability to make a written signature and unless the notary has first submitted written notice to the secretary of state with an example of the facsimile signature stamp;
(8) Affix the notary's signature to a blank form of an affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment;
(9) Take the acknowledgment of, or administer an oath or affirmation to, a person who the notary public knows to have been adjudicated mentally incompetent by a court of competent jurisdiction, if the acknowledgment or oath or affirmation necessitates the exercise of a right that has been removed;
(10) Notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization;
(11) Alter anything in a written instrument after it has been signed by anyone;
(12) Amend or alter a notarial certificate after the notarization is complete;
(13) Notarize a signature on a document if the document is incomplete or blank;
(14) Notarize a signature on a document if it appears that the signer may be unduly influenced or coerced so as to be restricted from or compromised in exercising the person's own free will when signing the document;
(15) Take an acknowledgment of execution in lieu of an oath or affirmation if an oath or affirmation is required;
(16) Determine the validity of a power of attorney document or any other form designating a representative capacity, such as trustee, authorized officer, agent, personal representative, or guardian, unless that notary is an attorney licensed to practice law in this state.
(B) Division (A)(5) of this section shall not be construed as prohibiting a notary from notarizing the signature of a holder of a document on a written statement certifying that the document is a true copy of an original document.
(C) As used in this section, "conflict of interest" means either of the following:
(1) The notary has a direct financial or other interest in the transaction in question, excluding the fees authorized under this chapter.
(2) The notary is named, individually or as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, lessor, or lessee, or as a party in some other capacity to the transaction.
Structure Ohio Revised Code
Chapter 147 | Notaries Public and Commissioners
Section 147.01 | Appointment and Commission of Notaries Public - Notary Public for State.
Section 147.011 | Definitions.
Section 147.021 | Education and Testing.
Section 147.022 | Criminal Records Check.
Section 147.03 | Term of Office - Oath - Removal for Violating Oath.
Section 147.031 | Renewal of Commission.
Section 147.032 | Investigations; Penalties.
Section 147.041 | Persons Commissioned Prior to September 20, 2019.
Section 147.051 | Database of Notaries.
Section 147.06 | Certified Copy of Commission as Evidence - Fee.
Section 147.07 | Powers - Jurisdiction.
Section 147.10 | Notary Public Acting After Commission Expires.
Section 147.12 | Acts Done by Notary Public After Term Valid.
Section 147.13 | Removal for Receiving Excess Fees.
Section 147.14 | Removal From Office for Certifying Affidavit Without Administering Oath.
Section 147.141 | Prohibited Acts.
Section 147.142 | Advertisement as Immigration Consultant; Other Prohibited Acts.
Section 147.37 | Fees for Commissions.
Section 147.371 | Duplicate Commission.
Section 147.39 | Prior Notarial Acts by Armed Forces Officers Valid.
Section 147.40 | Manner of Taking Depositions.
Section 147.51 | Notarial Acts.
Section 147.52 | Notarial Acts by Authorized Person.
Section 147.53 | Taking an Acknowledgment.
Section 147.54 | Recognized Certificate of Acknowledgment.
Section 147.541 | Acknowledged Before Me Defined.
Section 147.542 | Notarial Certificates.
Section 147.55 | Statutory Short Forms of Acknowledgment.
Section 147.56 | Notarial Act Performed Prior to January 1, 1974.
Section 147.57 | Uniformity of the Law.
Section 147.58 | Uniform Recognition of Acknowledgments Act.
Section 147.59 | Designated Alternative Signer.
Section 147.591 | Electronic Documents.
Section 147.61 | Applicability.
Section 147.62 | Standards for Online Notarizations and Online Notaries Public.
Section 147.63 | Application to Be Authorized as Online Notary Public.
Section 147.631 | Online Notary Course Fees.
Section 147.64 | Authority of Online Notary Public.
Section 147.65 | Electronic Journals.