Ohio Notary Exam Study Guide

Ohio Notary Study Guide * I took my notary test in Dayton, Ohio (Montgomery County). * This quizlet was the one that prepared me the most. * The actual test is 45 questions. Then you fill out a blank copy of a title, where the seller enters their info, where the buyer enters their info and mileage, and then where the notary fills in their info. * Don't forget to use the stamp provided to put the notary stamp on the title at the end of the test. Good Luck! Qualifications to be a notary in Ohio: * American citizen * At least 18 years of age * Qualified/registered to vote at every election in county of residence An Ohio notary is a public officer of: The State of Ohio An Ohio notary is commissioned by: The Secretary of the State How many persons may the Secretary of State appoint and commission as notaries? As many as he/she deems necessary What should the applicant provide for the Secretary of State in order to be appointed? A certificate from a judge that he is of good moral character, a citizen of the county in which he resides, knowledge that the applicant has necessary qualifications or has passed an examination. In larger counties, committees of lawyers aid in determining this and present to a judge (Ex- Montgomery County requires: written form of application, under oath, and a passing grade on an exam. If requirements are fulfilled, the committee presents to a judge for approval) Term length for a notary: 5 years Term length for a notary if he/she is an attorney: Valid as long as they are a resident of Ohio or their principal place of business is in Ohio Consequences of violating the oath of office: * Removed from office by the Court of Common Pleas of the county in which he resides. * The person so removed shall be ineligible for reappointment. Describe the seal of a notary: * 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. True If the notary's name does not appear on the seal, what should he/she do? Have his/her name printed, typewritten, or stamped in legible printed letters near his/her signature on each document he/she signs What else does a notary need to discharge his/her duties? An official register (journal) What happens to the official register upon death, removal, etc.? It is deposited in the office of the county recorder of the county in which he/she resides. What goes into the official register (journal)? A copy of every certificate of protest and copy of note, which seal and record shall be exempt from execution Where is the notary's commission recorded? A book in the office of the Clerk of the Court of Common Pleas, of the county of residence. What are the four powers of a notary public? 1. Administer oaths 2. Take and certify documents 3. Take and certify acknowledgements of deeds, mortgages, liens, powers of attorney, and other instruments of writing 4. Receive, make, and record notarial protests True / False: In taking depositions, he/she shall have the power which is by law True 1/4 vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify. Who are required to serve and return all process issued by notaries in the taking of depositions? Sheriffs and constables What fee is the max fee allowed for taking and certifying one signature on an affidavit? $1.50 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? $2.00 Penalty for a notary for performing notarial acts after their commission has expired: * Forfeiture of not more than $500 * Ineligibility for reappointment. Penalty for a notary for receiving excessive fees: * 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? * Removal from office by the Court of Common Pleas of the county of residence * Ineligible for reappointment to the office of notary public * Removal from office by the Court of Common Pleas of the county Penalty for a notary that certifies an affidavit without administering of residence the appropriate oath or affirmation to the person? * Ineligible for reappointment to the office of notary public for 3 years Who signs a memorandum of trust? Settlor and trustee What is an oath? 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 appeal to God to witness the sincerity of the statement What must accompany an oath for it to be a proper and legal oath? * Accompanied by some outward act demonstrating this appeal, such as raising the right hand or placing it on the Bible. True / False: A person cannot take an oath without this religious affirmation. False: He/she is permitted to substitute an affirmation which eliminates the appeal to God. What is an affidavit? 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? 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. 2. Have the affiant sign the affidavit in the presence of the Notary 3. 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. False: The affidavit itself must be signed in the presence of the notary. What is an acknowledgement? 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? 1. Signer acknowledges to the Notary that the signature is his/her own and that he/she signed the instrument voluntarily and without duress. 2. 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. 2/4 3. 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. True: Unless the notary personally knows the individual or a third person known to the notary introduces the individual Why are acknowledgements so important? In court, papers that have been acknowledged before a Notary Public need not be proven. The notary's certification is considered sufficient to show the authenticity of the signature. True / False: A notary may notarize his/her own signature. False True / False: A notary may not take an acknowledgement to an instrument in which that notary has an interest. True True / False: An Ohio notary may notarize an instrument only when within the boundaries of the state of Ohio. True: All three act, witnessing, acknowledgement, and certification, must all take place in the physical boundaries of Ohio. True / False: A notary may take an acknowledgement regarding matters or property outside the state of Ohio. True: It can regard matters of property outside of Ohio, but all three notarial acts, witnessing, acknowledgement, and certification, must all take place in the physical boundaries of Ohio. True / False: A notary may not take an acknowledgement of a relative at any time. 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. True True / False: A notary may not take an acknowledgement of a person who cannot sign his name. 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? 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? Never What is required to acknowledge a deed or mortgage? Signature in the presence of one witness, upon the same sheet on which the instrument is written When do leases require acknowledgement? When they are for a term of more than three years Who needs to sign a deed? The grantor (person relinquishing ownership) Who needs to sign a mortgage? The mortgager (or borrower giving security) Who needs to sign a lease? The lessor (or landlord) True / False: If the grantor or mortgagor is married, the spouse must also sign and acknowledge the instrument. 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? It is not handled differently. All must be signed, witnessed, and acknowledged. What is a Bill of Exchange of Draft? 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? 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." After how many days will a Drawer be discharged from all liability on the instrument, if he has not received a notice of dishonor? One What is a notarial protest? A solemn declaration under the hand and seal of a Notary Public stating that he/she, at a certain time, presented the bill or note for 3/4 payment or acceptance, that it was refused and that the notice of the dishonor was given to the Drawers and Endorsers. What are the steps to protest negotiable instruments? 1. The holder presents the instrument for acceptance or payment and is refused 2. He gives the instrument to a notary, who again formally makes demand for its payment or acceptance 3. If payment or acceptance is again refused, the notary gives notice of the dishonor to the Drawers and Endorsers immediately 4. Notary fills out the formal Certificate of Protest and attaches the bill or note to it. True / False: Courts allow a protest form to be used in cases involving Ohio negotiable instruments. True How should a person indicates his/her name has changed since commissioning to be a notary? New Name, formerly Old Name Whom does the notary notify if he/she changes his/her address? * 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? No fewer than 10 How often should the Judges Committee on Notaries Public meet to determine applicants' qualifications? At least once a month How much time does the Committee have to report approvals to one of the Judges of this Court? 7 days The Committee shall notify said applicant, by mail, that unless What happens if an applicant, after filing an application for examsaid applicant appears for examination within the next succeeding ination, fails to appear for said examination within thirty (30) days thirty (30) days, after the notice, then said application will be after applying? cancelled, and no part of the fee shall be returned. What is authentication? 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. 4/4