Notarial Certificates and Seal Flashcards

According to Ohio law, which of the following is NOT a mandatory element of a notary's official seal?

Answer: The notary's commission expiration date

Ohio Revised Code 147.04 specifies the required elements of a notary seal. It must contain the Ohio coat of arms, the words 'Notary Public' or similar, and the notary's name. While the commission expiration date must be included in the notarial certificate, it is not required to be part of the actual seal itself.

A notary in Ohio completes a notarization and affixes their seal. The notary's name is part of the seal impression. Which other element related to the notary's identity must be included in the notarial certificate?

Answer: The notary's signature exactly as it appears on their commission

Ohio Revised Code 147.542(F) requires that a notarial certificate include the signature of the notary, exactly as shown on the commission, and the notary's printed name below the signature or stamp. Even if the name is on the seal, the signature is a separate and mandatory component of the certificate.

An Ohio notary is presented with a document that does not have pre-printed notarial certificate wording. The signer needs to swear to the truthfulness of the document's contents. Which type of certificate must the notary attach?

Answer: A jurat certificate

A jurat is the notarial act where the signer takes an oath or affirmation regarding the truthfulness of the document's contents and signs in the notary's presence. The jurat certificate contains wording such as 'Sworn to and subscribed before me'. An acknowledgment, by contrast, is a declaration that the signature is the signer's own, without an oath about the document's content.

A notary public in Ohio uses a seal embosser that creates a raised impression on a document. The impression is clear but may not photocopy well. What is the best practice for the notary to ensure the seal is legible on all copies?

Answer: Use a seal impression inker or affix a second, inked seal.

Ohio law permits either an ink stamp or an embosser. However, because an embossed seal may not be photographically reproducible, it is a common and recommended practice to use a seal impression inker to darken the impression or to use an ink stamp in conjunction with the embosser to ensure legibility on copies.

Which of the following statements accurately describes the requirements for a notarial certificate in Ohio?

Answer: If the original certificate is incorrect, the notary must provide a correct one at no charge.

Ohio Revised Code 147.542(B) explicitly states that if a notarial certificate incorrectly indicates the type of notarization performed, the notary public must provide a correct certificate at no charge. The certificate can be attached separately, and the notary cannot choose the certificate type for the signer unless they are an attorney. The commission expiration date is required for all non-attorney notaries.

A document requires a jurat. The signer brings the document to an Ohio notary, but it has already been signed. What must the notary do to properly complete the notarial certificate?

Answer: Require the signer to sign the document again in the notary's presence after administering the oath.

For a jurat, Ohio law requires that the signer signs the document in the presence of the notary after an oath or affirmation is administered. If the document is already signed, the signer must sign it again in the notary's presence to fulfill the requirements of the jurat.