Ohio Notaries, it's time to take note! New state Notary laws take effect on April 3, bringing important updates to your responsibilities and fees you may charge. Let's look at the key updates you need to know.
Ohio Notary commission eligibility clarifications
The new law clarifies that only Ohio residents and non-resident attorneys admitted to practice law in Ohio can apply for an Ohio Notary commission. The new law struck down a 2023 law that authorized individuals with Notary commissions from other states who met certain requirements, as specified, to become an Ohio Notary under the Ohio Occupational License Reciprocity Act.
Signer identification requirements
The new law provides additional clarification regarding what type of signer identification Notaries can ask for, including:
Satisfactory Evidence: Under the new law, Ohio Notaries may use the following forms of “satisfactory evidence” of identity to verify the identity of document signers:
- A passport, driver's license, government-issued nondriver identification card, or other form of government-issued identification with the signature or photograph of the individual, which is current or expired not more than three years before the performance of the notarial act, and is satisfactory to the Notary.
- The oath or affirmation of a credible witness who personally appears before the Notary and is personally known to the Notary, or whom the Notary can identify on the basis of a passport, driver's license, or other government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act. The credible witness cannot have a direct financial or other interest in the notarized transaction and cannot be named as a party in the transaction.
Additional Identification: The new law permits Ohio Notaries to request additional information or identification credentials from a signer if the Notary has any doubts about a signer’s identity. Ohio Notaries may decline a notarization request if they are not fully satisfied with the provided identification, protecting themselves and the integrity of the notarization process.
In-person oath requirement for Ohio commissions
The new law now requires Notaries to take their oath of office in person before a Notary Public or any other officer authorized by law to administer oaths. This ensures a more formalized and accountable process for commissioning Notaries.
Online notarization fees
For Notaries offering remote online notarization (RON) services, there are some changes to the fees you may charge:
- Increased maximum RON fee: The maximum fee you can charge for an online notarization is increasing from $25 to $30.
- New technology fee: You'll now be allowed to charge an additional technology fee of up to $10 when performing an online notarization. This acknowledges the costs associated with providing secure online services.
New jurat requirements
An Ohio Notary executing a jurat must certify the following:
- The signer appeared before the Notary;
- The Notary administered an oath or affirmation to the signer that the statement in the jurat is true and correct; and
- The signer signed the document in the Notary's presence.
What this means for Ohio Notaries
These changes are designed to enhance the security and professionalism of notarizations in Ohio. Be sure to:
- Familiarize yourself with the new in-person oath requirement.
- Review the updated identification requirements and understand your authority to request additional information.
- Update your fee schedule if you perform remote online notarizations.
Watch for official announcements from the Ohio Secretary of State and updates from the National Notary Association for detailed guidance and implementation dates. NNA members can also contact the Notary Hotline if you have questions.