OH Notary - Ohio Notary Signer Identification Requirements Questions and Answers — Questions and Answers
Question 1: A signer appears before an Ohio notary with a government-issued identification card that expired two years ago. According to Ohio law, what is the notary's proper course of action?
- Reject the identification as it is expired.
- Accept the identification as satisfactory evidence of identity. (Correct answer)
- Require the signer to present a second, non-expired form of ID.
- Proceed with the notarization but make a note in the journal that the ID was expired.
Correct answer: Accept the identification as satisfactory evidence of identity.
Ohio Revised Code 147.50(B)(1) allows a notary to accept a government-issued identification card, even if it is expired, as long as it has not been expired for more than three years before the notarial act.
Question 2: Which of the following is NOT an acceptable method for an Ohio notary to identify a signer?
- Personal knowledge of the signer.
- Inspection of a valid Canadian driver's license with a photograph.
- Verification on oath of a single credible witness who is personally known to the notary.
- Reviewing a birth certificate and a Social Security card presented by the signer. (Correct answer)
Correct answer: Reviewing a birth certificate and a Social Security card presented by the signer.
Ohio law requires satisfactory evidence of identity, which includes government-issued identification with a signature or photograph, or the use of a credible witness. A birth certificate and Social Security card do not contain a photograph and are not considered primary forms of government-issued photo identification for notarial purposes.
Question 3: A man requires a document to be notarized but has recently lost his wallet and has no form of identification. He brings his wife to the notarization, and the notary knows the wife personally. How can the notary legally identify the signer?
- The notary cannot proceed as the signer has no identification.
- The wife can present her ID and vouch for her husband's identity.
- The wife can serve as a credible witness, taking an oath or affirmation to verify her husband's identity because she is personally known to the notary. (Correct answer)
- The notary can accept a sworn written statement from the husband attesting to his own identity.
Correct answer: The wife can serve as a credible witness, taking an oath or affirmation to verify her husband's identity because she is personally known to the notary.
According to Ohio Revised Code 147.50(B)(2), a notary can identify a signer through the verification on oath or affirmation of a credible witness who personally appears before the notary and is personally known to the notary.
Question 4: Under Ohio law, a notary has 'personal knowledge' of a signer's identity if:
- The signer is a well-known public figure.
- The signer has been introduced to the notary by a mutual friend.
- The person is known to the notary through dealings sufficient to provide reasonable certainty of their identity. (Correct answer)
- The signer provides a notarized statement from another individual confirming their identity.
Correct answer: The person is known to the notary through dealings sufficient to provide reasonable certainty of their identity.
Ohio Revised Code 147.50(A) defines personal knowledge as the notary knowing the person through dealings sufficient to provide reasonable certainty that the person has the identity they claim.
Question 5: A credible witness is used to identify a signer who lacks proper ID. Which of the following conditions must be met for the witness to be considered 'credible' in Ohio?
- The witness must be related to the signer.
- The witness must not have a financial or other interest in the transaction. (Correct answer)
- The witness must be an attorney or another notary public.
- The witness must have known the signer for at least five years.
Correct answer: The witness must not have a financial or other interest in the transaction.
Ohio Revised Code 147.50(B)(2) states that a witness is not credible if they have a conflict of interest regarding the transaction, which includes having a direct financial or other interest.
Question 6: When identifying a signer using a credible witness who is NOT personally known to the notary, the notary must identify the witness through what means?
- A sworn statement from the witness.
- Two forms of non-photo identification.
- A passport, driver's license, or other government-issued ID card that is current or expired not more than three years.
- A phone call to a third party to verify the witness's identity. (Correct answer)
Correct answer: A phone call to a third party to verify the witness's identity.
Ohio Revised Code 147.50(B)(2) specifies that if the credible witness is not personally known to the notary, the notary must identify the witness using a passport, driver's license, or other government-issued nondriver identification card, which can be current or expired not more than three years.
A signer appears before an Ohio notary with a government-issued identification card that expired two years ago.
According to Ohio law, what is the notary's proper course of action?