OH Notary Laws and Regulations 2 — Questions and Answers
Question 1: Under ORC Chapter 147, which entity has the authority to revoke an Ohio notary's commission?
- The county court of common pleas
- The Ohio Secretary of State (Correct answer)
- The Governor alone
- The Ohio State Bar Association
Correct answer: The Ohio Secretary of State
The Ohio Secretary of State has the authority to revoke a notary's commission for cause.
Under ORC Chapter 147, the Secretary of State has the authority to revoke, suspend, or restrict the commission of any notary public who fails to comply with Ohio notary laws.
Question 2: Which Ohio statute primarily governs the duties and responsibilities of notaries public?
- ORC Chapter 100
- ORC Chapter 125
- ORC Chapter 147 (Correct answer)
- ORC Chapter 200
Correct answer: ORC Chapter 147
ORC Chapter 147 is the primary Ohio statute governing notaries public.
Ohio Revised Code Chapter 147 is the primary statutory authority governing notaries public, covering appointment, qualifications, bond requirements, authorized acts, prohibited conduct, fees, and disciplinary procedures.
Question 3: What is the legal consequence for an Ohio notary who notarizes a document knowing the signer is committing fraud?
- A written warning only
- Commission revocation and possible criminal charges (Correct answer)
- A small administrative fine
- Mandatory retraining
Correct answer: Commission revocation and possible criminal charges
Knowingly participating in fraud can result in commission revocation and criminal prosecution.
An Ohio notary who knowingly participates in fraud faces commission revocation by the Secretary of State and possible criminal charges. The notary's surety bond may also be used to compensate victims.
Question 4: Ohio law requires a notary public to keep a journal of notarial acts. What is the primary purpose?
- To calculate fees owed to the state
- To create a record for verification and protection against fraud (Correct answer)
- To track the notary's work hours
- To report to the IRS for tax purposes
Correct answer: To create a record for verification and protection against fraud
The journal serves as an official record for verification and fraud protection.
Ohio notary journal requirements create a verifiable record of all notarial acts performed. This protects both the notary and the public by providing evidence that proper procedures were followed.
Question 5: Under Ohio law, a notary public may charge a maximum fee of how much per notarial act?
- $1.50
- $2.00 (Correct answer)
- $5.00
- $10.00
Correct answer: $2.00
Ohio Revised Code sets the maximum notary fee at $2.00 per act.
Under ORC Section 147.08, Ohio notaries may charge a maximum fee of $2.00 per notarial act. The fee is optional and many notaries charge less or nothing.
Question 6: Can an Ohio notary refuse to perform a notarial act?
- No, they must notarize any document presented
- Yes, but only if the signer is not an Ohio resident
- Yes, if they have reasonable grounds to believe the act would be unlawful (Correct answer)
- No, refusal is grounds for commission revocation
Correct answer: Yes, if they have reasonable grounds to believe the act would be unlawful
An Ohio notary may and should refuse if they have reasonable grounds to believe the act would be unlawful.
Ohio notaries are required to refuse under certain circumstances: if the signer cannot be properly identified, appears coerced or lacks mental capacity, if the notary has a disqualifying interest, or if fraud is suspected.
OH Notary Laws and Regulations 2
Under ORC Chapter 147, which entity has the authority to revoke an Ohio notary's commission?