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Ohio Laws on Notaries Public

Ohio laws on notaries public can be found in Chapter 147, Title 1 of Ohio Revised Code.  Pursuant to ORC Ann. 147.01, in order for a person to qualify to be appointed and commissioned as a notary public, the person must satisfy both of the following:

  • The person has attained the age of eighteen years.
  • One of the following applies:

(a) The person is a legal resident of this state who is not an attorney admitted to the practice of law in this state by the Ohio Supreme Court.

(b) The person is a legal resident of this state who is an attorney admitted to the practice of law in this state by the Ohio Supreme Court.

(c) The person is not a legal resident of this state, is an attorney admitted to the practice of law in this state by the Ohio Supreme Court, and has the person’s principal place of business or the person’s primary practice in this state.

ORC Ann. 147.02 provides that before the appointment of a notary public is made, the applicant should produce to the secretary of state a certificate from a judge or justice of the court of common pleas, court of appeals, or Supreme Court that contains the following:

  • A statement that the applicant is of good moral character;
  • If the applicant is not an attorney admitted to the practice of law in this state by the Ohio Supreme Court, a statement that the applicant is a citizen of the county in which the applicant resides;
  • If the applicant is an attorney admitted to the practice of law in this state by the Ohio Supreme Court, a statement that the applicant is possessed of sufficient qualifications and ability to discharge the duties of the office of notary public.

Each notary public, except an attorney admitted to the practice of law in this state by the Ohio Supreme Court, should hold office for the term of five years unless the commission is revoked.

An attorney admitted to the practice of law in this state by the Ohio Supreme Court should hold office as a notary public as long as the attorney is a resident of this state or has the attorney’s principal place of business or primary practice in this state, the attorney is in good standing before the Ohio Supreme Court, and the commission is not revoked.

Before entering upon the duties of office, a notary public should take and subscribe an oath to be endorsed on the notary public’s commission.

A notary public who violates the oath of office will be removed from office by the court of common pleas of the county in which the notary public resides, upon complaint filed and substantiated in the court, and the court, upon removing a notary public from office, should certify the removal to the secretary of state.  The person so removed will be ineligible for reappointment to the office of notary public.

ORC Ann. 147.04 provides that before entering upon the discharge of his/her duties, a notary public should provide himself with a seal of a notary public.

Before entering upon the duties of the office of notary public, a notary public should leave the notary public’s commission with the oath endorsed on the commission with the clerk of the court of common pleas of the county in which the notary public resides.

Upon application, the clerk of the court of common pleas should make a certified copy of a notary public commission and the endorsements on the commission, under the seal of the court.  The certified copy is prima-facie evidence of the matters and facts contained in it.  For each certified copy of a notary public commission, the clerk is entitled to receive a fee of two dollars.

ORC Ann. 147.07 provides that a notary public may, throughout the state:

  • administer oaths required or authorized by law,
  • take and certify depositions,
  • take and certify acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and
  • receive, make, and record notarial protests.

In taking depositions, s/he has the power that is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify. Also, sheriffs and constables are required to serve and return all process issued by notaries public in the taking of depositions.

A person appointed notary public who performs any act as such after the expiration of the person’s term of office or after the person resigns the person’s commission, knowing that the person’s term has expired or that the person has resigned, should forfeit not more than five hundred dollars, to be recovered by an action in the name of the state. Such act will render the person ineligible for reappointment.

Pursuant to ORC Ann. 147.13, a notary public who charges or receives for an act or service done or rendered by the notary public a fee greater than the amount prescribed by law, or who dishonestly or unfaithfully discharges any official duties as notary public, will be removed from office by the court of common pleas of the county in which the notary public resides, upon complaint filed and substantiated in the court.  The court will certify the removal to the secretary of state.  Also, the person so removed will be ineligible for reappointment to the office of notary public.

ORC Ann. 147.14 provides that no notary public should certify to the affidavit of a person without administering the appropriate oath or affirmation to the person.  Further, a notary public who violates this will be removed from office by the court of common pleas of the county in which a conviction for a violation of this is had.  The court will also certify the removal to the secretary of state.  The person so removed will be ineligible to reappointment for a period of three years.


Inside Ohio Laws on Notaries Public