OH Notary - Ohio Notary Performing Notarial Acts 2 — Questions and Answers
Question 1: When performing an acknowledgment, the notary must verify that the signer:
- Has read the entire document
- Voluntarily signed or is about to sign the document and acknowledges it as their act (Correct answer)
- Agrees with all terms in the document
- Has consulted with an attorney
Correct answer: Voluntarily signed or is about to sign the document and acknowledges it as their act
For an acknowledgment, the notary verifies voluntary execution and acknowledgment as their act.
The notary verifies identity, confirms voluntary signing, and that the signer acknowledges the signature as their own act. The notary does not need to verify that the signer read or agreed with the document.
Question 2: An Ohio notary is asked to certify a copy of a birth certificate. The notary should:
- Certify it as they would any other document
- Refuse, as vital records can only be certified by the issuing agency (Correct answer)
- Charge an additional fee for vital records
- Certify it only if the original is presented
Correct answer: Refuse, as vital records can only be certified by the issuing agency
Ohio notaries cannot certify copies of vital records.
Ohio notaries cannot certify copies of birth, death, or marriage certificates. Only the issuing government agency has that authority.
Question 3: Before administering an oath in Ohio, the notary must:
- Require the person to kneel
- Ask the person to raise their right hand or otherwise indicate they are taking a solemn pledge (Correct answer)
- Obtain a court order
- Verify the person has a valid Ohio driver's license
Correct answer: Ask the person to raise their right hand or otherwise indicate they are taking a solemn pledge
The notary should have the person raise their right hand or otherwise solemnly indicate they are taking an oath.
The notary typically asks the person to raise their right hand as they swear or affirm. The key requirement is that the person understands they are making a solemn pledge under penalty of perjury.
Question 4: An Ohio notary performing a jurat must ensure the signer:
- Signs before appearing before the notary
- Signs in the notary's presence and takes an oath or affirmation (Correct answer)
- Only provides their signature on the certificate
- Provides two forms of identification
Correct answer: Signs in the notary's presence and takes an oath or affirmation
For a jurat, the signer must sign in the notary's presence and take an oath.
A jurat requires two elements: the signer must sign in the notary's physical presence, and the notary must administer an oath about the document's truthfulness. Unlike an acknowledgment, the document cannot be pre-signed.
Question 5: An Ohio notary may take a deposition by:
- Recording verbal testimony without any oath
- Administering an oath and recording sworn testimony (Correct answer)
- Asking questions and writing down answers
- Only if they are also a court reporter
Correct answer: Administering an oath and recording sworn testimony
Ohio notaries may take depositions by administering an oath and certifying sworn testimony.
Ohio notaries can take depositions by administering an oath to the deponent and certifying the testimony was given under oath. A court reporter typically handles the transcription.
Question 6: When performing a notarial act on a document with multiple signers, the notary must:
- Have all signers present at the same time
- Verify the identity of each signer individually (Correct answer)
- Use a single journal entry for all signers
- Only verify the first signer
Correct answer: Verify the identity of each signer individually
Each signer must be individually identified, though they need not appear simultaneously.
Each signer must be individually identified through acceptable ID or personal knowledge. All signers do not need to appear at the same time. Create separate journal entries or clearly note each signer's information.
When performing an acknowledgment, the notary must verify that the signer: