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Ohio Notary 65 Study Guide Questions
How should a person indicates his/her name has changed since commissioning to be a notary? - โ โ New Name, formerly Old Name
Whom does the notary notify if he/she changes his/her address? - โ โ * The Notary Commission Clerk in Columbus, Ohio
- If moving out of county, the Clerk of Courts in new county of residence
How many members of the Bar of the State of Ohio make up the Judges Committee on Notaries Public? - โ โ No fewer than 10
How often should the Judges Committee on Notaries Public meet to determine applicants' qualifications? - โ โ At least once a month
How much time does the Committee have to report approvals to one of the Judges of this Court? - โ โ 7 days
What happens if an applicant, after filing an application for examination, fails to appear for said examination within thirty (30) days after applying? - โ โ The Committee shall notify said applicant, by mail, that unless said applicant appears for
examination within the next succeeding thirty (30) days, after the notice, then said application will be cancelled, and no part of the fee shall be returned.
What is authentication? - โ โ When papers are to be used outside of the state, an authentication is usually required. This is a declaration by the Clerk of Courts of the Common Pleas that the notary public is properly commissioned under the law at the time of notarizing the instrument. The authentication is forwarded with the papers to the foreign jurisdiction.
Describe the seal of a notary: - โ โ * Coat of arms of the state of Ohio within a circle one inch (1") in diameter
Surrounded by the words "notary public," "notarial seal," or words to that effect
The name of the notary public
The words "State of Ohio"
True / False:
The seal may be of either a type that will stamp ink or one that will emboss it. - โ โ True
If the notary's name does not appear on the seal, what should he/she do? - โ โ Have his/her name printed, typewritten, or stamped in legible printed letters near his/her signature on each document he/she signs
of witnesses and punish them for refusing to testify. - โ โ True
Who are required to serve and return all process issued by notaries in the taking of depositions? - โ โ Sheriffs and constables
What fee is the max fee allowed for taking and certifying one signature on an affidavit? - โ โ $1.
What fee is the max fee allowed for taking and acknowledging of automobile titles, deeds, mortgages, liens, powers of attorney, and other instruments in writing? - โ โ $2.
Penalty for a notary for performing notarial acts after their commission has expired: - โ โ * Forfeiture of not more than $
- Ineligibility for reappointment.
Penalty for a notary for receiving excessive fees: - โ โ * Removal from office by the Court of Common Pleas of the county of residence
- Ineligible for reappointment
What happens if a notary dishonestly or unfaithfully discharges any of the duties as a notary? - โ โ * Removal from office by the Court of Common Pleas of the county of residence
- Ineligible for reappointment to the office of notary public
Penalty for a notary that certifies an affidavit without administering the appropriate oath or affirmation to the person? - โ โ * Removal from office by the Court of Common Pleas of the county of residence
- Ineligible for reappointment to the office of notary public for 3 years
Who signs a memorandum of trust? - โ โ Settlor and trustee
What is an oath? - โ โ A declaration by a person before an office authorized by law, such as a notary public, to take oaths that what he has said or is about to say is true or a promise that he will faithfully perform certain acts
An Ohio notary is a public officer of: - โ โ The State of Ohio
An Ohio notary is commissioned by: - โ โ The Secretary of the State
How many persons may the Secretary of State appoint and commission as notaries? - โ โ As many as he/she deems necessary
What should the applicant provide for the Secretary of State in order to be appointed? - โ โ A certificate from a judge that he is of good moral character, a citizen of the county in which
A person cannot take an oath without this religious affirmation.
He/she is permitted to substitute an affirmation which eliminates the appeal to God.
What is an affidavit? - โ โ A written statement of facts, the truth of which is sworn to before a person authorized to administer oaths, and followed by an official statement of the person taking the oath that the affidavit was signed and sworn to, or affirmed, in his presence
What are the 3 steps needed for certifying an affidavit? - โ โ 1. Administer an oath or affirmation to the affiant (the person giving the affidavit) whereby the affiant is asked to state that the facts set forth in the affidavit are true.
- Have the affiant sign the affidavit in the presence of the Notary
- Complete and execute the certification on the instrument, below the signature of the affiant.
True / False:
The signer of an affidavit can acknowledge the signature in the presence of the notary. - โ โ False:
The affidavit itself must be signed in the presence of the notary.
What is an acknowledgement? - โ โ A formal declaration by a person executing a document, made to an official authorized by law to take an acknowledgment (such as a Notary Public), that the person executed the document freely and voluntarily for the purpose set forth in the document.
What are the steps in an acknowledgement? - โ โ 1. Signer acknowledges to the Notary that the signature is his/her own and that he/she signed the instrument voluntarily and without duress.
- The Notary must either know the person seeking notarial services or obtain satisfactory evidence that he/she is the person described in, and who executed, the document.
- The Notary then signs his/her own name certifying that the document was acknowledged in his/her presence.
True / False:
A person must provide identification for a notary to certify the identification of the person desiring it. - โ โ True:
Unless the notary personally knows the individual or a third person known to the notary introduces the individual
Why are acknowledgements so important? - โ โ In court, papers that have been acknowledged before a Notary Public
A notary may not take an acknowledgement of a relative at any time. - โ โ False:
He can as long as he himself has no interest in the transaction.
True / False:
A notary may act as a witness and notarize the same instrument. - โ โ True
True / False:
A notary may not take an acknowledgement of a person who cannot sign his name. - โ โ False:
They can sign their name with an "X," in the presence of two witnesses, one of whom may be the notary.
What might invalidate an acknowledgement? - โ โ Not showing the official capacity of the person taking it (Notary Public) and the state in which he/she is commissioned.
When might a notary acknowledge a blank document? - โ โ Never
What is required to acknowledge a deed or mortgage? - โ โ Signature in the presence of one witness, upon the same sheet on which the instrument is written
When do leases require acknowledgement? - โ โ When they are for a term of more than three years
Who needs to sign a deed? - โ โ The grantor (person relinquishing ownership)
Who needs to sign a mortgage? - โ โ The mortgager (or borrower giving security)
Who needs to sign a lease? - โ โ The lessor (or landlord)
True / False:
If the grantor or mortgagor is married, the spouse must also sign and acknowledge the instrument. - โ โ True, but not necessarily at the same time as the spouse.
How is a power of attorney handled differently from a deed, mortgage, or lease? - โ โ It is not handled differently. All must be signed, witnessed, and acknowledged.
What is a Bill of Exchange of Draft? - โ โ An unconditional order in writing signed by one person and addressed to another, requiring the person to whom it is addressed to pay on demand or at a fixed date a sum of money to order, or to the bearer.
When is a notice of dishonor made? - โ โ When the holder of bill, exchange or note presents it properly to the Maker, Drawer or Acceptor on the day it falls due, and the payments is refused, the instrument is said to be "dishonored."
