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A concise review of key aspects of notary practices and regulations, focusing on ohio notary law. It covers essential topics such as the prohibitions for notaries, the validity and renewal of notary commissions, proper procedures for acknowledgements and affidavits, fee regulations, and penalties for non-compliance. The material is presented in a question-and-answer format, making it useful for exam preparation and quick reference. It also addresses electronic notarization and the importance of adhering to legal requirements to avoid penalties. A valuable resource for individuals preparing for a notary exam or seeking to understand the duties and responsibilities of a notary public.
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Can a Notary practice law? - A notary is specifically PROHIBITED from practicing law, unless he/she is already an attorney Are notaries commissioned for their specific county of residence? - NO. Notaries are commissioned for the entire state of Ohio but should still apply through their county of residency. When must an applicant take their notary exam? - Within 90 days of receiving test instructions. An applicant who fails to pass the exam may not file a new application for re-examinations sooner than... - 30 days Notary Public Commission is valid for how long? - 5 years. It must be renewed every five years unless you are an attorney. When should you make your application for renewal? - 90 days before your commission expires, it takes 3-4 for renewals to process. If your name changes during your commission can you still practice as a notary? - YES. You must indicate your name in which the commission is issued using (parentheses) on the document notarized. If you perform notary duties after your commission has expired what are you subject to? - Forfeit of $500, a $500 fine and ineligible for reappointment of a notary. If your commission is expired and you notarize something does the notarization still count? - YES, it is still valid. This is to protect citizens from improper notary practices.
What words must a notary seal contain? - 1. "State of Ohio" OR 2. "Notarial Seal" OR 3. "Notary Public" (Who, What, Where) What must the notary do if the seal does not contain the notary's name? - Print, type, or stamp his name and expiration date legibly on each document he notarizes. Define an acknowledgement - A formal DECLARATION by a person executing a document, made to an official authorized by law to take that acknowledgement (such as a notary), that "the person executed the document freely and voluntarily for the purpose set forth in the document" If the document has been acknowledged and certified by an official, can it be introduced in court without further proof of its proper execution? - YES. A notary seal is considered sufficient evidence for the authenticity of the signature. What's the process for gaining acknowledgement? - 1. A person brings a document to a notary and acknowledges to the notary that the signature is his/her own, signed freely, voluntarily and without duress
What's an oath? - A declaration by a person before an officer authorized by law to take oaths, that what the person has said or is about to say is true. OR as a promise that the person will faithfully perform certain acts How do you make it a "proper oath"? - It must be substantiated by an 'appeal to God to witness the sincerity of the statement.' What if I'm a godless heathen, do I still have to take the oath? - NO. Ohio law permits people to take an "Affirmation" rather than an oath for religious reasons What's an affirmation? - A solemn declaration before an officer promising the truth or to perform certain acts, but not accompanied by the whole God bit. Often a notary is called upon to administer an oath or affirmation in connection with the execution of an affidavit. So.. What is an affidavit? - A written statement of the facts, the truth of which is sworn to or affirmed before an authorized officer, and followed by the official statement of the officer saying that the affidavit was signed and sworn to in his/her presence. What's the process for certifying an affidavit? - 1. Identify the affiant (Dude giving you the affidavit)