OHIO REVISED CODE TITLE 1. STATE GOVERNMENT CHAPTER 147. NOTARIES PUBLIC

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1 OHIO REVISED CODE TITLE 1. STATE GOVERNMENT CHAPTER 147. NOTARIES PUBLIC Appointment and commission of notaries public. (A) The secretary of state may appoint and commission as notaries public as many persons who meet the qualifications of division (B) of this section as the secretary of state considers necessary. (B) In order for a person to qualify to be appointed and commissioned as a notary public, the person must satisfy both of the following: (1) The person has attained the age of eighteen years. (2) One of the following applies: (a) The person is a legal resident of this state who is not an attorney admitted to the practice of law in this state by the Ohio supreme court. (b) The person is a legal resident of this state who is an attorney admitted to the practice of law in this state by the Ohio supreme court. (c) The person is not a legal resident of this state, is an attorney admitted to the practice of law in this state by the Ohio supreme court, and has the person s principal place of business or the person s primary practice in this state. (C) A notary public shall be appointed and commissioned as a notary public for the state. The secretary of state may revoke a commission issued to a notary public upon presentation of satisfactory evidence of official misconduct or incapacity. HISTORY: RS 110; S&C 872; 76 v 36; 80 v 212; 82 v 16, 17; 93 v 33, 405; GC 119; 119 v 738; 124 v 76; Bureau of Code Revision, ; 128 v 235 (Eff ); 135 v S 1 (Eff ); 137 v H 154 (Eff ); 144 v S 284 (Eff ); 149 v H 94. Eff ; 150 v H 95, 1, eff Certificate of qualification (A) Before the appointment of a notary public is made, the applicant shall produce to the secretary of state a certificate from a judge or justice of the court of common pleas, court of appeals, or supreme court that contains the following: (1) A statement that the applicant is of good moral character; (2) If the applicant is not an attorney admitted to the practice of law in this state by the Ohio supreme court, a statement that the applicant is a citizen of the county in which the applicant resides; (3) If the applicant is an attorney admitted to the practice of law in this state by the Ohio supreme court, a statement that the applicant is possessed of sufficient qualifications and ability to discharge the duties of the office of notary public. (B) No judge or justice shall issue a certificate required by division of this section until the judge or justice is satisfied from personal knowledge that the applicant possesses the qualifications necessary to a proper discharge of the duties of the office or until the applicant has passed an examination under any rules that the judge or justice may prescribe. (C) If the applicant is a citizen of this state who is an attorney admitted to the practice of law in this state by the Ohio supreme court, the judge or justice also shall certify this fact in the certification required by division of this section. (D) If the applicant is not a citizen of this state but is an attorney who is admitted to the practice of law in this state by the Ohio supreme court and whose principal place of business or primary practice is in this state, the judge or justice also shall certify these Revised 10/4/2017-1

2 facts in the certification required by division of this section. For the purposes of sections , , , and of the Revised Code, the county in which an attorney who is not a citizen of this state and who is a notary public has the attorney s principal place of business or the attorney s primary practice shall be deemed the county in which the attorney resides. HISTORY: RS 110; S&C 872; 76 v 36; 80 v 212; 82 v 16, 17; 93 v 33, 405; GC 120; 103 v 405; 119 v 738; Bureau of Code Revision, ; 144 v S 284 (Eff ); 149 v H 94. Eff Term of office; oath; removal for violating oath. Each notary public, except an attorney admitted to the practice of law in this state by the Ohio supreme court, shall hold office for the term of five years unless the commission is revoked. An attorney admitted to the practice of law in this state by the Ohio supreme court shall hold office as a notary public as long as the attorney is a resident of this state or has the attorney s principal place of business or primary practice in this state, the attorney is in good standing before the Ohio supreme court, and the commission is not revoked. Before entering upon the duties of office, a notary public shall take and subscribe an oath to be endorsed on the notary public s commission. A notary public who violates the oath of office required by this section shall be removed from office by the court of common pleas of the county in which the notary public resides, upon complaint filed and substantiated in the court, and the court, upon removing a notary public from office, shall certify the removal to the secretary of state. The person so removed shall be ineligible for reappointment to the office of notary public. HISTORY: RS 112; S&C 873; 55 v 13, 2; 80 v 212, 213; 93 v 405; GC 122; 103 v 528; 119 v 738; Bureau of Code Revision, ; 129 v 1542 (Eff ); 130 v 152 (Eff ); 144 v S 284 (Eff ); 149 v H 94. Eff Seal and register. Before entering upon the discharge of his duties, a notary public shall provide himself with a seal of a notary public. The seal shall consist of the coat of arms of the state within a circle one inch in diameter and shall be surrounded by the words notary public, notarial seal, or words to that effect, the name of the notary public and the words State of Ohio. The seal may be of either a type that will stamp ink onto a document or one that will emboss it. The name of the notary public may, instead of appearing on the seal, be printed, typewritten, or stamped in legible, printed letters near his signature on each document signed by him. A notary public shall also provide himself with an official register in which shall be recorded a copy of every certificate of protest and copy of note, which seal and record shall be exempt from execution. Upon the death, expiration of term without reappointment, or removal from office of any notary public, his official register shall be deposited in the office of the county recorder of the county in which he resides. HISTORY: RS 113; S&C 876; 50 v 222, 3; 80 v 212, 213; 93 v 405; GC 123; 113 v 56; 119 v 738; Bureau of Code Revision, ; 128 v 235 (Eff ); 132 v H 164 (Eff ); 135 v H 166 (Eff ); 137 v H 154. Eff Commission to be recorded; fee. (A) Before entering upon the duties of the office of notary public, a notary public shall leave the notary public s commission with the oath endorsed on the commission with the clerk of the court of common pleas of the county in which the notary public resides. The clerk shall record the commission in a book kept for that purpose. The clerk shall endorse on the margin of the record and on the back of the commission the time that the clerk received the commission for record and make a proper index to all commissions Revised 10/4/2017-2

3 so recorded. For recording and indexing a commission, the fee of the clerk shall be as provided in division (R) of section of the Revised Code. (B) The secretary of state shall maintain a record of the commissions of each notary public appointed and commissioned by the secretary of state under this chapter and make a proper index to that record. The governor s office shall transfer to the secretary of state s office, on or after the effective date of this amendment, the record of notaries public formerly kept by the governor s office under section of the Revised Code. The secretary of state s office shall maintain that record together with the record and index of commissions of notaries public required by this division. HISTORY: RS 114, 115, 117; S&C 873; 55 v 13, 3, 4, 6; 93 v 406; GC 124; 119 v 738; Bureau of Code Revision, ; 129 v 1201 (Eff ); 137 v H 154 (Eff ); 144 v H 405 (Eff ); 149 v H 94. Eff Certified copy of commission as evidence; fees. Upon application, the clerk of the court of common pleas shall make a certified copy of a notary public commission and the endorsements on the commission, under the seal of the court. The certified copy shall be prima-facie evidence of the matters and facts contained in it. For each certified copy of a notary public commission, the clerk shall be entitled to receive a fee of two dollars. HISTORY: RS 116, 117; S&C 873; 55 v 13, 5, 6; GC 125; Bureau of Code Revision, ; 130 v 153 (Eff ); 149 v H 94. Eff Powers; jurisdiction. A notary public may, throughout the state, administer oaths required or authorized by law, take and certify depositions, take and certify acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and receive, make, and record notarial protests. In taking depositions, he shall have the power that is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify. Sheriffs and constables are required to serve and return all process issued by notaries public in the taking of depositions. HISTORY: RS 118, 119; S&C 873; S&S 499; 55 v 13, 8; 63 v 161, 9; 85 v 87; 91 v 34; 93 v 406; GC 126; 119 v 738; Bureau of Code Revision, ; 129 v 582 (620) (Eff ); 137 v H 154. Eff Fees. A notary public is entitled to the following fees: (A) For the protest of a bill of exchange or promissory note, one dollar and actual necessary expenses in going beyond the corporate limits of a municipal corporation to make presentment or demand; (B) For recording an instrument required to be recorded by a notary public, ten cents for each one hundred words; (C) For taking and certifying acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and for taking and certifying depositions, administering oaths, and other official services, the same fees as are allowed by section of the Revised Code or by law to clerks of the courts of common pleas for like services; (D) For taking and certifying an affidavit, one dollar and fifty cents. HISTORY: RS 119; S&S 499; S&C 873; 63 v 161, 9; 85 v 87; GC 127; Bureau of Code Revision, ; 129 v 582(620) (Eff ); 141 v H 158 (Eff ); 145 v H 687. Eff Revised 10/4/2017-3

4 Protests are evidence. The instrument of protest of a notary public appointed and qualified under the laws of this state or of any other state or territory of the United States, accompanying a bill of exchange or promissory note, which has been protested by such notary public for nonacceptance or for nonpayment constitutes prima-facie evidence of the facts therein certified. Such instrument may be contradicted by other evidence. HISTORY: RS 120; S&C 874; 55 v 13, 10; GC 128; Bureau of Code Revision. Eff Notary public acting after commission expires. No notary public shall do or perform any act as a notary public knowing that his term of office has expired. HISTORY: RS 6914; S&C 875; 55 v 13, 17; GC 12926; Bureau of Code Revision. Eff Forfeiture. A person appointed notary public who performs any act as such after expiration of his term of office, knowing that his term has expired, shall forfeit not more than five hundred dollars, to be recovered by an action in the name of the state. Such act shall render such person ineligible for reappointment. HISTORY: RS 122; S&C 875; 55 v 13, 17; 80 v 212, 213; GC 130; Bureau of Code Revision. Eff Acts done by notary public after term valid. An official act done by a notary public after the expiration of his term of office is as valid as if done during his term of office. HISTORY: RS 121; S&C 875; 55 v 13, 16; GC 129; Bureau of Code Revision. Eff Removal for receiving excess fees. A notary public who charges or receives for an act or service done or rendered by the notary public a fee greater than the amount prescribed by law, or who dishonestly or unfaithfully discharges any official duties as notary public, shall be removed from office by the court of common pleas of the county in which the notary public resides, upon complaint filed and substantiated in the court. The court shall certify the removal to the secretary of state. The person so removed shall be ineligible for reappointment to the office of notary public. HISTORY: RS 123; S&C 874; 55 v 13, 11; GC 131; Bureau of Code Revision, ; 149 v H 94. Eff Removal from office for certifying affidavit without administering oath. No notary public shall certify to the affidavit of a person without administering the appropriate oath or affirmation to the person. A notary public who violates this section shall be removed from office by the court of common pleas of the county in which a conviction for a violation of this section is had. The court shall certify the removal to the secretary of state. The person so removed shall be ineligible to reappointment for a period of three years. HISTORY: GC 131-1; 104 v 6; Bureau of Code Revision, ; 149 v H 94. Eff Fees for commissions. Each person receiving a commission as notary public, including an attorney admitted to the practice of law in this state by the Ohio supreme court, shall pay a fee of fifteen dollars to the secretary of state. Revised 10/4/2017-4

5 HISTORY: RS 126; S&C 875; 55 v 13, 14; GC 137; Bureau of Code Revision, ; 130 v 154 (Eff ); 137 v H 154 (Eff ); 144 v S 284 (Eff ); 149 v H 94. Eff ; 150 v H 95, 1, eff Duplicate commissions. Upon receipt of a fee of two dollars and an affidavit that the original commission of a notary public has been lost or destroyed, a duplicate commission as notary public shall be issued by the secretary of state. HISTORY: 130 v 154 (Eff ); 149 v H 94. Eff Prior notarial acts by armed forces officers valid. Any acknowledgment or proof of execution of a deed, mortgage, lease, power of attorney, or other instrument that was taken, and any other notarial act that was performed, by a commissioned officer in active service with the armed forces of the United States for a person who was a member of the armed forces of the United States, for a person who was accompanying the armed forces of the United States, or for a person who was a dependent of either such category of persons, and that was taken or performed between January 1, 1941, and January 1, 1973, in conformity with the provisions of a prior statute that then was in effect is as valid as if the acknowledgment, proof of execution, or other notarial act was performed in conformity with the provisions of sections to of the Revised Code. HISTORY: GC ; 120 v 62; Bureau of Code Revision, ; 142 v H 502. Eff Manner of taking depositions. Depositions taken in pursuance of section and to of The Revised Code by a person described in division of section of the Revised Code shall be taken on written interrogatories, on a written notice being given by the party desiring to take such depositions, which notice shall contain the names of the parties plaintiff and defendant, the court or tribunal in which the action is pending the number of the regiment or battalion to which the witness belongs and the names of the witnesses. The notice shall be served upon the adverse party or his agent or attorney of record or left at his usual place of abode with a copy of the interrogatories at least twenty days prior to the taking of such depositions. If the party on whom such notice is served desires to file cross interrogatories a copy of the them shall be served on the adverse party or his agent or attorney of record or left at his usual place of abode within six days after the notice of taking depositions has been served and the party giving the notice to take depositions, shall forward with his notice and interrogatories the cross-interrogatories so served on him; and neither party, by himself, or his agent or attorney, shall be present at the time of taking such depositions. HISTORY: GC 14863; 60 v 26; Bureau of Code Revision, ; 142 v H 502. Eff UNIFORM RECOGNITION OF ACKNOWLEDGMENTS ACT Notarial acts. For the purposes of sections to of the Revised Code, notarial acts means acts which the laws and regulations of this state authorize notaries public of this state to perform, including the administration of oaths and affirmations, taking proof of execution and acknowledgment of instruments, and attesting documents. Notarial acts may be performed outside this state for use in this state with the same Revised 10/4/2017-5

6 effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments, in addition to any other persons authorized by the laws and regulations of this state: (A) A notary public authorized to perform notarial acts in the place in which the act is performed. (B) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed. (C) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States department of state to perform notarial acts in the place in which the notarial act which is performed. (D) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial acts is performed for one of the following or his dependents: (1) A merchant seaman of the United States; (2) A member of the armed forces of the United States; (3) Any other person serving with or accompanying the armed forces of The United States; (E) Any other person authorized to perform notarial acts in the place in which the act is performed. HISTORY: 135 v H 47. Eff Notarial acts by authorized person. (A) If the notarial act is performed by any of the persons described in divisions (A) to (D) of section of the Revised Code, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required. (B) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if: (1) Either a foreign service officer of the United States residing in the country in which the act is performed or a diplomatic or consular officer of the foreign country residing in the United States certifies that a person holding that office is authorized to perform the act. (2) The official seal of the person performing the notarial act is affixed to the document; or (3) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information. If the notarial act is performed by a person other than one described in divisions (A) and (B) of this section, there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person and to his authority to perform the notarial act. The signature and title of the person performing the act are prima-facie evidence that he is a person with the designated title and that the signature is genuine. HISTORY: 135 v H 47 (Eff ); 136 v H 1. Eff Taking an acknowledgment. The person taking an acknowledgment shall certify that: Revised 10/4/2017-6

7 (A) The person acknowledging appeared before him and acknowledged he executed the instrument; (B) The person acknowledging was known to the person taking the acknowledgment, or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument. HISTORY: 135 v H 47. Eff Recognized certificate of acknowledgment. The form of a certificate of acknowledgment used by a person whose authority is recognized under section of the Revised Code shall be accepted in this state if: (A) The certificate is in a form prescribed by the laws or regulations of this state; (B) The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or (C) The certificate contains the words acknowledged before me, or their substantial equivalent. HISTORY: 135 v H 47 (Eff ); 136 v H 1. Eff Acknowledged before me defined. The words acknowledged before me means that: (A) The person acknowledging appeared before the person taking the acknowledgment, including by visually appearing through the use of any electronic communications devices approved by the secretary of state; (B) The person acknowledging acknowledged executing the instrument, including through the use of an electronic signature from technology approved by the secretary of state; (C) In the case of: (1) A natural person, the person executed the instrument for the purposes therein stated; (2) A corporation, the officer or agent acknowledged holding the position or title set forth in the instrument and certificate, the officer or agent signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated; (3) A partnership, the partner or agent acknowledged signing the instrument on behalf of the partnership by proper authority and the partner or agent executed the instrument as the act of the partnership for the purposes therein stated; (4) A person acknowledging as principal by an attorney in fact, the attorney in fact executed the instrument by proper authority as the act of the principal for the purposes therein stated; (5) A person acknowledging as a public officer, trustee, administrator, guardian, or other representative, the person signed the instrument by proper authority and the person executed the instrument in the capacity and for the purposes therein stated; and (D) The person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate. HISTORY: 136 v H 1. Eff ; 2017 HB , Eff 9/29/ Acknowledgment by electronic communications device. (A) A notary public, otherwise commissioned and appointed under this chapter, may use an electronic communications device, including a web site application, approved by the secretary of state to satisfy the acknowledgment requirements under sections Revised 10/4/2017-7

8 to of the Revised Code and to electronically sign as the notary public. A notary public shall not use an electronic communications device to meet these requirements for a notarial act that is a deposition. (B) The secretary of state shall establish standards for approving an electronic communications device that may be used by a notary public. The office of information technology in the department of administrative services shall provide assistance to the secretary relating to the equipment, security, and technological aspects of the standards established. HISTORY: 2017 HB , Eff 9/29/ Commission as electronic notary public; registration. (A) Before a currently commissioned and appointed notary public may use an electronic communications device to satisfy the acknowledgment requirements under sections to of the Revised Code, the notary public shall submit a registration form established by the secretary of state to be commissioned as an electronic notary public. The secretary may establish a reasonable fee, not to exceed five dollars, for submitting and processing the registration form. The registration form shall include all of the following information and be transmitted electronically to the secretary of state: (1) The notary public s full legal name and official notary public name; (2) A description of the technology the notary public will use to create an electronic signature in performing official acts; (3) Certification of compliance with electronic notary public standards developed in accordance with division (B) of section of the Revised Code; (4) The electronic mail address of the notary public; (5) The signature of the notary public applying to use the electronic signature described in the form; (6) Any decrypting instructions, codes, keys, or software that allow the registration to be read; and (7) Any other information the secretary of state may require. (B) The secretary of state may deny a registration for an electronic notary public if any of the required information is missing or incorrect on the registration form, or if the technology the notary public identifies as being the technology the notary public will use is not approved by the secretary. (C) An electronic notary public s term shall expire and may be renewed at the same time the notary public s commission expires under section of the Revised Code. (D) Nothing in division (A) of this section shall be construed to prevent a registered and commissioned electronic notary public from using updated technology during the term of the notary public s commission. If the notary public uses updated technology, the notary public shall notify the secretary of state electronically within ninety days of installation or use of the updated technology and provide a brief description of that technology. HISTORY: 2017 HB , Eff 9/29/ Forms of acknowledgment The forms of acknowledgment set forth in this section may be used and are sufficient for their respective purposes under any section of the Revised Code. The forms shall be known as statutory short forms of acknowledgment and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms. Revised 10/4/2017-8

9 (A) For an individual acting in his own right: State of... County of... The foregoing instrument was acknowledged before me this [date] by [name of person acknowledged.] [Signature of person taking acknowledgment] [Title or rank] [Serial number, if any] (B) For a corporation: State of... County of... The foregoing instrument was acknowledged before me this [date] by [name of officer or agent] [title of officer or agent] of [name of corporation acknowledging] a [state or place of incorporation] corporation on behalf of the corporation. [Signature of person taking acknowledgment] [Title or rank] [Serial number, if any] (C) For a partnership: State of... County of... The foregoing instrument was acknowledged before me this [date] by [name of acknowledging partner or agent], partner [or agent] on behalf of [name of partnership], a partnership. [Signature of person taking acknowledgment] [Title or rank] [Serial number, if any] (D) For an individual acting as principal by an attorney in fact: State of... County of... The foregoing instrument was acknowledged before me this [date] by [name of attorney in fact] as attorney in fact on behalf of [name of principal]. [Signature of person taking acknowledgment] [Title or rank] [Serial number, if any] (E) By any public officer, trustee or personal representative: State of... County of... The foregoing instrument was acknowledged before me this [date] by [name and title of position]. [Signature of person taking acknowledgment] [Title or rank] [Serial number if any] HISTORY: 135 v H 47. Eff Notarial acts performed prior to January 1, A notarial act performed prior to January 1, 1973 is not affected by sections to of the Revised Code. These sections provide an additional method of proving notarial acts and do not diminish or invalidate the recognition accorded to notarial acts by Revised 10/4/2017-9

10 other laws or regulations of this state. HISTORY: 135 v H 47. Eff Uniformity of the law. Sections to of the Revised Code shall be so interpreted as to make uniform the laws of those states which enact it. HISTORY: 135 v H 47. Eff Uniform recognition of acknowledgments act. Sections to of the Revised Code may be cited as the Uniform Recognition of Acknowledgments Act. HISTORY: 135 v H 47. Eff Penalties. (A) Whoever violates section of the Revised Code shall be fined not more than five hundred dollars. (B) Whoever violates section of the Revised Code shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both. HISTORY: Bureau of Code Revision. Eff TITLE 53. REAL PROPERTY CHAPTER CONVEYANCES, ENCUMBRANCES Validity of instruments. No instrument conveying real estate, or any interest therein, and of record in the office of the county recorder of the county within this state in which such real estate is situated shall be deemed defective nor shall the validity of such conveyance be affected because: (A) The dower interest of the spouse of any grantor was not specifically released but such spouse executed said instrument in the manner provided in section of the Revised Code. (B) The officer taking the acknowledgment of such instrument having an official seal did not affix such seal to the certificate of acknowledgment. (C) The certificate of acknowledgment is not on the same sheet of paper as the instrument. (D) The executor, administrator, guardian, assignee, or trustee making such instrument signed or acknowledged the same individually instead of in his representative or official capacity. HISTORY: 128 v 120. Eff Acknowledgment of deed, mortgage, land contract, lease or memorandum of trust. (A) A deed, mortgage, land contract as referred to in division (A) (2) (b) of section of the Revised Code, or lease of any interest in real property and a memorandum of trust as described in division of section [ ] of the Revised Code shall be signed by the grantor, mortgagor, vendor, or lessor in the case of a deed, mortgage, land contract, or lease or shall be signed by the settlor and trustee in the case of a memorandum of trust. The signing shall be acknowledged by the grantor, mortgagor, vendor, or lessor, or by the settlor and trustee, before a judge or clerk of a court of record in this state, or a county auditor, county engineer, notary public, or mayor, who shall Revised 10/4/

11 certify the acknowledgement and subscribe the official s name to the certificate of the acknowledgement. (B) (1) If a deed, mortgage, land contract as referred to in division (A) (2) (b) of section of the Revised Code, lease of any interest in real property, or a memorandum of trust as described in division of section [ ] of the Revised Code was executed prior to February 1, 2002, and was not acknowledged in the presence of, or was not attested by, two witnesses as required by this section prior to that date, both of the following apply: (a) The instrument is deemed properly executed and is presumed to be valid unless the signature of the grantor, mortgagor, vendor, or lessor in the case of a deed, mortgage, land contract, or lease or of the settlor and trustee in the case of a memorandum of trust was obtained by fraud. (b) The recording of the instrument in the office of the county recorder of the county in which the subject property is situated is constructive notice of the instrument to all persons, including without limitation, a subsequent purchaser in good faith or any other subsequent holder of an interest in the property, regardless of whether the instrument was recorded prior to, on, or after February 1, (2) Division (B) (1) of this section does not affect any accrued substantive rights or vested rights that came into existence prior to February 1, HISTORY: RS 4106; S&C 458, 694; 29 v 346; 32 v 10; 80 v 79; 84 v 132; GC 8510; 120 v 229; Bureau of Code Revision, ; 127 v 1039 (1108) (Eff ); 129 v 999 (Eff ); 145 v S 114 (Eff ); 149 v H 279. (Eff ); H 135 (Eff ). TITLE XIII. COMMERCIAL TRANSACTIONS OHIO UNIFORM COMMERCIAL CODE CHAPTER UNIFORM ELECTRONIC TRANSACTIONS ACT Notary, acknowledgment, verification or oath requirement. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. HISTORY: 148 v H 488. Eff Ohio Electronic and Online Notarization Standards Established by the Ohio Secretary of State September 29, 2017 The following standards have been established pursuant to Ohio Revised Code Section (B). A currently commissioned and appointed notary public must submit a registration form to be commissioned as an electronic notary public pursuant to Ohio Revised Code Section Following acceptance of the registration form, an electronic notary must follow these standards as well as to adhere to the law set forth in Ohio Revised Code Chapter 147. I. Definitions a. Credential analysis means a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the Revised 10/4/

12 review of data sources. b. Electronic document means any electronic record or file that can be signed with a digital certificate or an electronic notarization system. c. Electronic journal means a chronological record of notarizations maintained by a notary public in an electronic format. d. Electronic notarial act means a notarial act performed using an official electronic signature and seal on an electronic document, by an individual registered as an electronic notary public pursuant to Ohio Revised Code Section (A). e. Electronic notarization system means a set of applications, programs, hardware, software, or technology designed to enable an electronic notary to perform electronic notarial acts. This term includes an electronic communications device authorized by Ohio Revised Code Section (A). f. Electronic Signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record. g. Exclusive control means accessible by and attributable solely to the electronic notary to the exclusion of all other persons and entities, either through being in the direct physical custody of the electronic notary or through being secured with one or more biometric password, token or other authentication technologies. h. Dynamic knowledge-based authentication means an identity assessment that is based on a set of questions formulated from public or private data sources for which the signer has not provided a prior answer. i. Online notarization means the performance of an electronic notarial act by means of an electronic communications device that includes two-way live audio and video conference technology and meets the requirements of these Standards. j. Real time means the actual span of uninterrupted time during which all parts of an electronic notarial act occur. k. Remote presentation means the transmission of a quality image of a governmentissued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis. II. Electronic Signature and Seal a. An electronic notary shall sign each electronic document requiring notarization with an electronic signature. b. An electronic notary signature shall be: i. Attributed or uniquely linked to the electronic notary; ii. Capable of independent verification; iii. Retained under the electronic notary s exclusive control; and iv. Linked to the electronic document to which it relates in such a manner that any subsequent change of the electronic document is detectable. c. The notary s official seal shall consist of the following as text in the electronic document near the electronic notary s signature or as a graphic image attached to or logically associated with the signature: i. The electronic notary s name as shown on the notary s electronic notary commission; ii. The electronic notary s commission number; iii. The words Electronic Notary Public ; Revised 10/4/

13 iv. The words State of Ohio ; and v. The electronic notary s commission expiration date. III. Online Notarizations a. Online notarizations must occur with the use of an electronic communications device which has two-way live audio and video conference technology and that meets the requirements of these Standards. b. The electronic notary shall use at least one of the following methods to identify the signer for an online notarization: i. Personal knowledge of the signer. ii. A signer s successful completion of a dynamic knowledge- based authentication assessment and the performance of at least one of the following actions by the notarial officer: 1. Credential analysis by remote presentation of the signer s valid and unexpired form of government-issued identification bearing the signer s photograph. 2. Comparing the information displayed on a high resolution image of a credential described above with information provided to the notarial officer by the signer or by the signer s completion of a dynamic knowledge-based authentication assessment. c. The electronic notarization system used must meet the following criteria for establishing personal appearance: i. The persons communicating must simultaneously see and speak to one another; ii. The signal transmission must be live, real time; iii. The signal transmission must be secure from interception or access by anyone other than the persons communicating; and iv. The technology must provide sufficient audio clarity and video resolution to enable the notary to communicate with the signer and utilize the signer identification methods described in Section III(b). IV. Electronic Journal a. An electronic notary shall keep, maintain and protect an electronic journal of all electronic notarial acts for a period of at least five years from the date of the transaction. The electronic journal must include the following: i. The date and time of the notarial act; ii. The type of notarial act; iii. The type, title, or a description of the document or proceeding; iv. The printed name and address of each person seeking an electronic notarization; v. The type of identification used to establish identity of each person seeking electronic notarization; and vi. The fee, if any, charged for the notarial act. b. Any system used to store the electronic journal must also: i. Allow entries to be made, viewed, printed out and copied by an electronic notary only after access is obtained by at least one factor of authentication such as a password, biometric verification, token, or other form of authentication. ii. Not allow a record to be deleted or altered in content or sequence by the electronic notary or any other person after a record of the electronic notarization is entered and stored. iii. Have a backup system in place to provide a duplicate electronic journal of notarial acts as a precaution in the event of loss of the original record. Revised 10/4/

14 c. When not in use, the electronic journal shall be kept under the exclusive control of the electronic notary, and shall not be used by any other electronic notary nor surrendered to an employer upon termination of employment. d. The electronic journal may be examined and copied without restriction by a law enforcement officer in the course of an official investigation or subpoenaed by court order. e. Any electronic notarization system used to perform an online notarization must store a video of the notarization session, showing both the notary and the signer as the document is notarized. f. The video of the notarization session may be released if subpoenaed by court order. Revised 10/4/