Effective: September 20, 2019
Latest Legislation: Senate Bill 263 - 132nd General Assembly
(A)(1) Except as provided in division (A)(3) of this section, an online notary public has the authority to perform any notarial act as an online notarization.
(2) An electronic document notarized through an online notarization shall be considered an original document.
(3) An online notary public shall not take or certify a deposition as an online notarization.
(B) A notary public of this state who has been authorized by the secretary of state to perform online notarizations may perform online notarizations only if both of the following conditions are met:
(1) The online notary public is a resident of this state.
(2) The online notary public is located within the geographical boundaries of this state at the time of the online notarization.
(C)(1) A notary public may perform an online notarization by means of audio-video communication in compliance with this act and any other rules adopted by the secretary of state for any principal who is located within the territory of the United States.
(2) A notary public may perform an online notarization for a principal located outside the territory of the United States only if both of the following conditions are met:
(a) The act is not known by the notary public to be prohibited in the jurisdiction in which the principal is physically located at the time of the act.
(b) The record meets any of the following:
(i) Is part of, or pertains to, a matter that is to be filed with or is before a court, governmental entity, or other entity located in the territorial jurisdiction of the United States;
(ii) Involves real or personal property located in the territorial jurisdiction of the United States;
(iii) Is part of, or pertains to, a transaction substantially connected with the United States.
(D) If an online notarization requires a principal to appear before an online notary public, the principal shall appear in person before the notary public and the principal and the notary public shall each sign the record with an electronic signature.
(E)(1) In performing an online notarization, a notary public shall determine from personal knowledge or satisfactory evidence of identity as described in division (E)(2) of this section that the principal appearing before the notary by means of live audio-video communication is the individual that he or she purports to be.
(2) A notary public has satisfactory evidence of identity if the notary can identify the individual who appears in person before the notary by means of audio-video communication based on either of the following:
(a) All of the following:
(i) Remote presentation by the principal of a government-issued identification credential, including a passport or driver's license, that contains the signature and photograph of the principal;
(ii) Credential analysis of the identification credentials provided;
(iii) Identity proofing of the principal.
(b) Verification by one or more credible witnesses who appear in person before the notary and who can be identified by either personal knowledge or all of the following:
(i) Presentation of a government-issued identification credential, including a passport or driver's license, that contains the signature and photograph of the witness;
(ii) Credential analysis of the identification credentials provided;
(iii) Identity proofing of the witness.
(F) The secretary of state shall include in rules adopted under section 147.62 of the Revised Code modified forms of notarial certificates for any notarial act that is an online notarization.
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.