Ohio Notary Prohibited Acts and Conflicts 1 Flashcards

An Ohio notary is the grantor on a deed transferring their own property to a buyer. May the notary notarize the buyer's signature on that same deed?

Answer: No, because the notary has a direct financial interest in the transaction

Ohio law prohibits a notary from performing a notarial act in a transaction in which they have a direct financial interest. Being the grantor on the deed creates exactly such an interest, regardless of whose signature is being notarized.

An Ohio notary receives a document for notarization that contains several blank fields intended to be filled in later. What must the notary do?

Answer: Refuse to notarize until all blanks are completed

Notarizing a document with incomplete blanks is a prohibited act in Ohio. Blank spaces could be filled in after the fact, altering the document's meaning — the notary must refuse until every required field is filled.

An Ohio notary charges a signer $25 for a single notarial act. The current Ohio statutory maximum fee for one notarial act is $5. Which statement is correct?

Answer: The notary has violated Ohio law by overcharging

Ohio Revised Code sets a statutory maximum fee per notarial act. Charging above that amount — regardless of any private agreement — violates Ohio law and is a prohibited act that can result in commission revocation.

An Ohio notary advertises to the public that they can prepare immigration forms and provide legal advice about immigration matters. This is prohibited primarily because:

Answer: Preparing legal documents and giving legal advice constitutes the unauthorized practice of law

Ohio prohibits notaries from practicing law without a license. Drafting legal documents or advising clients on legal matters — including immigration — constitutes unauthorized practice of law, which is separately illegal and grounds for notary discipline.

A signer calls an Ohio notary and asks the notary to notarize an affidavit over the phone because the signer cannot come in person. The notary personally knows the signer's voice and identity. May the notary proceed?

Answer: No, the signer must appear in person before the notary at the time of notarization

Ohio law requires that a signer personally appear before the notary — either physically or, where authorized, via approved audio-video technology — at the time the notarial act is performed. A phone call does not satisfy the personal appearance requirement.

An Ohio notary is the sole owner of a business and is asked to notarize a contract to which that business is a party. The notary should:

Answer: Refuse, because the notary has a direct financial interest as the business owner

As sole owner, the notary and the business are financially indistinguishable — the notary has a direct financial interest in any contract the business enters. Performing the notarization in this situation is a prohibited conflict of interest under Ohio law.