Columbus, Ohio – For many Ohioans, utilizing a notary public has been a common procedure, whether finalizing the purchase of a home, setting up a trust, or securing powers of attorney. In a bid to streamline legal processes and address emerging questions, Ohio is implementing new notary laws effective April 3. These updates promise major clarifications and modifications affecting the qualifications and operations of notaries across the state.
The forthcoming amendments make it clear that only Ohio residents and non-resident attorneys licensed in Ohio are eligible to apply for an Ohio notary commission. This move aims to resolve ongoing uncertainties surrounding the reciprocity of notary commissions subsequent to legislative changes in 2023. Additionally, the rules detailing the types of identification a notary can request from an individual have been specified more clearly, enhancing the reliability of notarial acts.
Under the new regulations, a notary is deemed to have “satisfactory evidence” of an individual’s identity if they can provide a passport, driver’s license, government-issued nondriver identification card, or any similar government-issued ID that includes a photograph or signature of the person. Moreover, such identification should be current or have expired no more than three years prior to the notarial act.
The changes also extend to the authentication process; a notary can verify an identity through a credible witness known personally to them, or based on the identity proof standards revised in the new law. Furthermore, a notary retains the authority to refuse a service if the provided identification does not meet their satisfaction criteria.
Another integral component of the new legislation is the adjustment of fees related to notarial services. The cap on charges for online notarizations has been raised from $25 to $30. Notaries can now also impose a technology fee, up to a maximum of $10, for using an online notarization system. This fee can be levied irrespective of whether the notarial act is completed, accommodating scenarios where a signer may fail the identification verification online.
Moreover, individuals whose notary public commissions have been revoked by the Secretary of State will no longer be eligible for reappointment as notaries. This provision emphasizes the increased strictness and accountability being introduced into the system.
The alterations in Ohio’s notary public laws reflect a concerted effort to enhance the efficiency and integrity of notarization in the state. As such, it is crucial for all practicing Ohio notaries to acquaint themselves with these changes to ensure they operate within the legal framework and maintain compliance with the new requirements.
Nichole Y. Shafer, a licensed attorney practicing at Schroeder Law LTD in Putnam County, specializes in business, real estate, estate planning, and agriculture law. With her extensive knowledge and experience in legal matters specific to Northwest Ohio, Shafer advises all legal professionals and notaries to review and adapt to these changes carefully. While this article provides an overview of the legislative updates, Shafer reminds readers to seek personalized legal advice tailored to their specific circumstances.
For additional information on how these changes might impact your proceedings, or for more detailed legal advice, interested parties should consider consulting a licensed legal professional.
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