Secretary of State - Notary Commission Requirements - Notary Commission Education and Testing Requirements.


Published: 2019-09-22

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(A) An authorized education and testing provider, as described in sections 147.021 and 147.63 of the Revised Code, must be approved by the secretary of state. A potential authorized education and testing provider must submit a request to be approved as an authorized provider to the secretary of state and must respond to the secretary of states request for information.

(B) The secretary of state shall provide information on its official website to inform applicants of the authorized providers names and contact information.

(C) Curriculum for notary commission education shall include, but is not limited to, all of the following:

(1) The terms of a notary commission;

(2) Requirements to update and renew a commission;

(3) Reporting requirement if a notary public is convicted or pleads guilty or no contest to a disqualifying offense;

(4) Geographic jurisdiction of a notary public;

(5) Maintaining a notarial journal;

(6) Requirements for a notary seal;

(7) What constitutes a notarial act that complies with applicable Ohio law and administrative rules;

(8) How to perform a compliant notarial act, including examples involving commonly notarized documents;

(9) Administration of an oath or affirmation;

(10) Verifying the identity of the principal;

(11) The taking of an acknowledgment;

(12) The administration of a jurat;

(13) The manner of taking depositions;

(14) Signatures by mark;

(15) Method to notarize a document signed by a designated alternative signer;

(16) Overview and examples of prohibited acts;

(17) Explanation of electronic notarizations;

(18) What constitutes unauthorized immigration consultant acts and the unauthorized practice of law by a notary;

(19) The fees a notary public is permitted to charge;

(20) Mandatory reporting that is required of a notary;

(21) The conditions under which a commission may be revoked; and

(22) Investigation and disciplinary processes.

(D) Curriculum for online notary authorizations education shall include but not be limited to all notarial rules, procedures and ethical obligations pertaining to online notarizations under sections 147.60 to 147.66 of the Revised Code.

(E) Curriculum for continuing education for commissions and online authorizations shall include, but not be limited to, any updates to Ohio notary law or the administrative rules.

(F) Applicants for a notary commission who are required to successfully pass a test pursuant to sections 147.021 and 147.63 of the Revised Code must be tested on all of topics listed in paragraphs (C) and (D) of this rule. An authorized education and testing provider must offer multiple curriculum tests so that there is not one uniform test in circulation.

(G) An authorized education and testing provider must seek approval from the secretary of state prior to providing education and testing services to applicants. The secretary of state may request documentation to ensure the authorized provider has met the standards. An authorized provider must notify the secretary of state of material modifications to its educational program and testing at least ten days prior to such modifications, and implement such modifications only upon receiving the approval of the secretary of state.

(H) An authorized provider must electronically share data related to an applicants education completion and testing results with the secretary of state, upon request of the secretary of state.