OH Notary Notary Misconduct and Disciplinary Actions 2 — Questions and Answers
Question 1: What must a notary do upon receiving notice that their commission has been revoked by the Ohio Secretary of State?
- Cease all notarial acts immediately (Correct answer)
- Continue notarizing until the appeal is resolved
- Submit a written protest within 10 days
- Transfer journal to another notary
Correct answer: Cease all notarial acts immediately
Once a commission is revoked, the notary must immediately stop performing all notarial acts.
Question 2: Which of the following is NOT a basis for disciplinary action against an Ohio notary?
- Charging fees below the statutory maximum (Correct answer)
- Willful neglect in performing notarial duties
- Misrepresentation on the notary application
- Unauthorized practice of law
Correct answer: Charging fees below the statutory maximum
Charging fees below the maximum is permitted; only exceeding the maximum fee is a violation.
Question 3: A notary who knowingly notarizes a forged signature can be charged with what crime in Ohio?
- Forgery or complicity to forgery (Correct answer)
- Trespassing
- Disorderly conduct
- Contempt of court
Correct answer: Forgery or complicity to forgery
Knowingly notarizing a forged signature makes the notary complicit in forgery under Ohio criminal law.
Question 4: How can a person file a complaint against an Ohio notary?
- Submit a complaint to the Ohio Secretary of State's office (Correct answer)
- File directly with the county probate court
- Report to the Ohio Bar Association
- Contact the local county recorder
Correct answer: Submit a complaint to the Ohio Secretary of State's office
Complaints against Ohio notaries are filed with the Ohio Secretary of State, which oversees notary commissions.
Question 5: Which misconduct involves a notary certifying they witnessed a signature that they did not actually witness?
- False certification (Correct answer)
- Negligent notarization
- Unauthorized notarization
- Constructive fraud
Correct answer: False certification
Certifying a false statement in a notarial certificate is false certification and a serious violation.
Question 6: What is the effect of a notarization performed by someone whose Ohio notary commission has expired?
- The notarization is invalid (Correct answer)
- The notarization is valid if the signer was present
- The notarization is valid for 30 days after expiration
- The notarization requires re-execution only if challenged
Correct answer: The notarization is invalid
A person without a valid commission has no authority to notarize, making any such act invalid.
OH Notary Notary Misconduct and Disciplinary Actions 2
What must a notary do upon receiving notice that their commission has been revoked by the Ohio Secretary of State?