Term
| Notary Public definition and requirements |
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Definition
A public offiver of the state created by statue. Must be:
- a citizen
- 18 or older
- qualified/registered to vote in county that he resides
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Term
| Appointment by Secretary of State |
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Definition
The Secretary of State may appoint and commission as many Notary Publics as necessary as along as they meet mandated requirements |
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Term
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Definition
| You must apply for notary in the county in which you reside |
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Term
| Certificate of Qualifications (Montgomery County) |
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Definition
| A committee of lawyers require each applicant to complete a written form of application, under oath, and a passing grade on an exam. The judge will then review and give approval |
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Term
| Certificate of Qualifications (Law) |
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Definition
| Applicant must provide Secretary of State a certificate of good moral character from a judge. |
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Term
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Definition
- hold office for five years unless revoked
- must take an oath before taking office
- Violators of oath will be revoked and never reinstated
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Term
| Penalty of Receiving Excess Fees |
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Definition
| If you charge too much for services, then you will be removed from office and will not be eligible for reappointment |
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Term
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Definition
| Before taking office, the notary public will leave the commission with an oath endorsed with the clerk of courts. The commission will be recorded by the clerk in a book. The clerk will endorse on the back of the commission . The cost is $15 |
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Term
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Definition
Before performing duties, notary must have a seal.
- The seal will have the coat of arms of the State with a one-inch diameter circle surrounded by the words "notary public," "notorial seal," or something to that effect
- the name of the notary
- the words "State of Ohio."
- It can stamp or emboss
- notary should have a register of what has been notarized
- You must turn in your seal to the office of the ocunty recorder upon death, expiration without renewal or removal of office
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Term
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Definition
If name changed:
"Mary Smith, formerly Robbins" |
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Term
| Change of County of Residence |
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Definition
Changes of address (especially county), notify
- Clerk of Courts in new county
- Notary Commission Clerk in Columbus
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Term
| Penalty for acts after commission expires |
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Definition
| If you know your term has expired and still notarize, you will be fined a maximum of $500 and will not be eligible for notary public office again |
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Term
| Authentication (proof of notary public commission) |
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Definition
| When papers are used outside of the state, an authentication is usually required. This is simply a written declaration by the Clerk of Common Please Courts that the notary is propertly comissioned under law at the time of notarizing the instrument. The papers are sent to the foreign jurisdiction |
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Term
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Definition
| Anywhere within the physicial boundaries of the state of commission. Witness of signature, take acknowledgment and make ceritification must all take place in Ohio |
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Term
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Definition
| An oath is a declaration by a person before an officer authorized by law to take oaths (ie notaries) that what he has said or is about to say is true or a promise to fulfill certain acts ("sworn into office") |
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Term
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Definition
- Substantiated by an appeal to God
- Outward act of demonstrating appeal
- raising right hand
- placing right hand on Bible
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Term
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Definition
| An oath minus the appeal to God. "Do you affirm to tell the truth?" "I do." |
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Term
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Definition
| A written statment of facts, the truth of which is sworn to before a person authorize to administer oaths (ie notary) 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 |
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Term
| Consequence of not administering oath before signing of affidavit |
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Definition
- removed from office and unable to reappointment for three years
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Term
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Definition
| the written testimony of a witness taken under oath |
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Term
| A deposition can be used in trial if: |
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Definition
- the witness does not reside in, or is absent from the county where the trial is held;
- the witness has since died, is imprisoned at the time of the trial, or is unable to attend by reason of age or infirmity
See book for more info about situation that will never occur for me |
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Term
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Definition
When a witness (1) disobeys the subpoena by failing to appear; (2) unlawfully refuses to answer a question put to him, or (3) refuses to sign his name to a deposition, then:
he is in contempt of the notary public, who has the power to have the witness brought before him by the sheriff or confined in a jail until he agrees to answer or sign. Can refuse to answer by personal privilege (attorney, doctor, spouse, clergy)
Notary can be charged for false imprisonment for this as the judge is the final rule if the information is wrong? |
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Term
| Acknowledgments definition |
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Definition
Ohio law requires that signatures to certain legal instruments, in order to be recorded in the County Recorder's office, must be acknowledged by (1) brining the unsigned instrument ot the notary and signing in his presence or (2) he may sign the instrument before bringing it to the notary and acknowledging that the signiture is his and that he signed it voluntarily without duress. |
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