Prohibited Acts and Conflicts Flashcards

An Ohio notary who is not an attorney is asked by a client to select the appropriate notarial certificate for a document. Which of the following actions is the notary permitted to take?

Answer: Explain the different types of notarial acts and allow the signer to choose.

Ohio notaries who are not attorneys are prohibited from the unauthorized practice of law, which includes selecting a notarial certificate on behalf of a signer. However, the notary can describe the different types of notarial acts (e.g., acknowledgment, jurat) and the corresponding certificates, enabling the signer to make their own informed choice. Advising for or selecting a specific certificate constitutes giving legal advice, which is a prohibited act.

A notary public in Ohio is also a licensed real estate agent. The notary is handling a transaction where they will earn a sales commission. The notary is asked to notarize the seller's signature on the deed. According to Ohio law, what must the notary do?

Answer: Refuse to notarize the signature due to a conflict of interest.

Ohio Revised Code 147.141 prohibits a notary from performing a notarial act if they have a conflict of interest. A conflict of interest is defined as having a direct financial or other interest in the transaction. Earning a sales commission on the property sale constitutes a direct financial interest, thus disqualifying the notary from notarizing documents for that specific transaction.

Which of the following acts is explicitly prohibited for an Ohio notary public under the Ohio Revised Code?

Answer: Using a name or initial in a notarial certificate that is different from the name on their commission.

Ohio Revised Code 147.141(A)(6) specifically prohibits a notary from using a name or initial in signing certificates other than the one by which the notary is commissioned. This ensures clarity and traceability for the notarial act. While notarizing for relatives is discouraged if there's an interest, it's not explicitly prohibited if no conflict exists. Charging agreed-upon travel fees and keeping a recommended (but not required) journal are permissible.

A signer brings a document to an Ohio notary and appears to be confused, unable to explain the purpose of the document, and seems pressured by a family member who is present. According to Ohio law, the notary should:

Answer: Refuse to perform the notarization.

Ohio Revised Code 147.141 prohibits a notary from notarizing a signature if it appears the person is mentally incapable of understanding the nature and effect of the document or if the signer appears to be under undue influence or coercion. The notary's primary duty is to ensure the signer is acting willingly and knowingly. In this scenario, the appropriate and required action is to refuse the notarization.

An Ohio notary who is not an attorney advertises their services in a local community newsletter. Which of the following statements in the advertisement would be a prohibited act?

Answer: "Expert in Immigration Paperwork and Processing"

Ohio Revised Code 147.142 explicitly prohibits a notary who is not an attorney from representing or advertising themselves as an immigration consultant or an expert in immigration matters. This is to prevent the unauthorized practice of law and protect the public from receiving unqualified legal advice on complex immigration issues.

Under what specific circumstance may an Ohio notary use a facsimile signature stamp instead of a handwritten signature on a notarial certificate?

Answer: When the notary has a physical disability and has provided written notice to the Secretary of State.

Ohio Revised Code 147.141(A)(7) provides a specific exception for using a signature stamp. A notary may use one only if they have a physical disability that limits their ability to make a written signature AND they have first submitted written notice, with an example of the stamp, to the Secretary of State's office. Using a stamp for convenience or other reasons is a prohibited act.