The Notary Commission and Legal Framework · 3 min read
Qualifications and the Commission Process
Under ORC 147.01(B), an applicant must show the Secretary of State that he or she meets every qualification below. The only exception is the recognition of notaries already commissioned in another state, covered in 1.4.
Qualificationsforanohionotarycommission(Orc147.01(B))
| Requirement | Rule | Exceptions |
|---|---|---|
| Age | Atleast18yearsold | None |
| Residency | LegalresidentofOhio | Anonresidentattorneyadmittedto |
| practiceinOhiowhoseprincipal | ||
| placeofbusinessorprimary | ||
| practiceisinOhio | ||
| Criminalrecordscheck | ReportcompletedwithintheprecedingsixmonthsunderORC | AttorneysadmittedinOhioand |
| 147022 showingnodisqualifyingoffense . , | peaceofficersdonotsubmitone | |
| Educationandtest | Completeaneducationprogramandpassatestgivenbyan | Attorneyscompletetheeducation |
| entityauthorizedbytheSecretaryofState(ORC147021) . | buttakenotest |
Ohio has no surety bond requirement. None of the qualifications in ORC 147.01 is a bond, and no bond is filed with the application or renewal. Errors and omissions insurance is optional and is purchased, if at all, for the notary's own protection.
Attorney and Non-Attorney Applicants
| Item | Non-Attorney | OhioAttorney |
|---|---|---|
| Criminalrecordscheck | Required nomorethan6 , | Notrequired |
| monthsold | ||
| Education | 3hours;$130providerfee | 3hours;$75providerfee |
| Test | Mustpass | Notrequired |
| SecretaryofStatefee | $15 | $15 |
| Term | 5yearsunlessrevoked | Continueswhiletheattorneyremainsqualifiedandingood |
| standing(see13) . | ||
| Advisingonthetypeofnotarial | Notpermitted(ORC147542(G)) . | Permitted |
| act |
Attorneys who were already commissioned before the education-and-testing requirement took effect are not required to complete the education program or pass the test (ORC 147.01(B)(4)(b)). Peace officers are exempt only from the criminal records check; they must complete the education program and pass the test like any other non-attorney.
The Criminal Records Check
Who: every applicant except an Ohio attorney or a peace officer (ORC 147.022(A)(1)). The check is run by the Bureau of Criminal Identification and Investigation (BCI), using the prescribed form and fingerprint impressions; the applicant pays BCI's fee.
Timing: the Secretary of State will not accept an application that includes a report more than six months old (ORC 147.022(A)(2)).
Standard: the report must show that the applicant has not been convicted of, or pleaded guilty or no contest to, a disqualifying offense as determined under ORC 9.79.
Privacy: the report is not a public record. Only the applicant (or a representative), the Secretary of State and staff, and a court or hearing officer in a commission-denial case may see it (ORC 147.022(D)).
Failure to follow through: the Secretary of State must deny the application if the applicant fails to complete and forward the BCI forms or fails to submit the completed report (ORC 147.022(E)).
Because the report must be no more than six months old when the application is filed, applicants should order the check with the notary application in mind and complete the education and test promptly. Providers advise requesting the check under the notary reason code tied to ORC 147.022; a report obtained for another purpose should not be relied on.
Education and Testing
Education and testing are provided by education and testing providers authorized by the Secretary of State, not by the Secretary of State directly (ORC 147.01(D); OAC 111:6-1-02). The Secretary of State may allow the program to be completed online (ORC 147.021(A)(2)). The curriculum set by OAC 111:6-1-02(C) is the official list of what applicants must learn and are tested on.
Compliant notarial acts and how to perform them; oaths and
Prohibited acts; unauthorized immigration-consultant acts and
affirmations; verifying identity; acknowledgments; jurats;
unauthorized practice of law; permitted fees; mandatory
depositions; signatures by mark; designated alternative
reporting; investigation and disciplinary processes.
signers; electronic notarizations.
| TestFeature | RuleorCommonPractice | |
|---|---|---|
| Format | Providers commonly give 30 multiple-choice questions; each provider must rotate multiple | |
| Passingscore Retakeafterafailure Secondfailure | testversionssonosingletestisincirculation(OAC111:6-1-02(F)) 1 Commonly80percent(24of30) withresultsgivenimmediately , Nosoonerthan30daysafterthelastexamandnolaterthansixmonths(OAC111:6-1-03) Theapplicantstartsoverwithanewapplicationandfee |
Applying, Taking the Oath, and Obtaining the Seal
Non-attorney, non-peace-officer applicants only; the report must be no more than six months old at filing.
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Three hours with an authorized provider. Attorneys complete the education only.
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Submitted to the Secretary of State with the $15 fee. The Secretary of State issues the commission.
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Before entering on the duties of office, the new notary must personally appear before a notary public or any officer authorized by law to administer oaths (ORC 147.01(G)).
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Required before the discharge of official duties (ORC 147.04). Only then may the notary perform a notarial act.
A commission alone is not enough to begin notarizing. The new notary must take the oath of office by personally appearing before a notary or other officer authorized to administer oaths, and must obtain a seal, before performing any notarial act. Seal requirements are covered in Section 4.
Term, Renewal, and Commission Changes
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