Information
on Becoming a Notary and Information Governing Notaries
Becoming
a Notary
NEW COMMISSION
Any person who is 18 years
of age or older and is a resident of Guernsey County may apply to become
a Notary Public through the Guernsey County Common Pleas Court.
You will be required to take
a simple exam before your application will be approved by the Judge and
submitted to the Governor through the Notary Public Commission. The appropriate
sections of the Ohio Revised Code, Title 147, which govern Notaries Public,
and are used as this Court's study information, are available here or
may be obtained at the Clerk of Court's office. There is also a Notary
Public Handbook, published by the Columbus Bar Association, available
for purchase for the price of $5.
When you are ready, you come
to the Clerk of Court's office (second floor of the Courthouse) to take
your test. It will be graded immediately. When you pass the test, a commission
fee of $15 is required to submit with your application to the Notary Commission/Secretary
of State. It is preferred you pay this by check, made payable to Notary
Commission/SOS. Once you receive your commission in the mail, you must
bring it in person to the Clerk of Court's office, to be filed with an
additional $5 recording fee (cash or check) payable to the Clerk of Courts.
RENEWAL OF COMMISSION
Not more than 30 days before
your expiration date, you must go to the Clerk of Court's office to fill
out and sign the appropriate renewal form and pay the $15 commission fee
(cash or check made payable to Notary Commission/SOS). Once again, when
you receive your commission in the mail, you must personally come to the
Clerk of Court's office to record it with the $5 recording fee to the
Clerk of Court.
REMEMBER - YOU CANNOT NOTARIZE
ANYTHING ONCE YOUR COMMISSION HAS EXPIRED UNTIL IT IS PROPERLY RENEWED
AND RECORDED WITH THE CLERK OF COURTS.
STATE
OF OHIO COMMISSION CLERK FOR THE
GOVERNOR SECTIONS
OF REVISED CODE OF OHIO GOVERNING NOTARIES PUBLIC
APPOINTMENT OF NOTARIES
PUBLIC
SECTION 147.01. The governor
may appoint and commission as notaries public as many persons as he considers
necessary, who are citizens of this stale and are of the age of eighteen
or over. A notary public, shall be appointed and commissioned as a notary
public for the State. The governor may revoke a commission issued to a
notary public upon presentation of satisfactory evidence of official misconduct
or incapacity.
CERTIFICATE OF QUALIFICATIONS
SECTION 147.02. Before the
appointment of notary public is made the applicant shall produce to the
governor a certificate from a Judge of the Court of Common Pleas, Court
of Appeals, or Supreme Court, that he is of good moral character, a citizen
of the county in which he resides, and if it is the fact, that the applicant
is an attorney at law qualified and admitted to practice in this state,
and possessed of sufficient qualifications and ability to discharge the
duties of die office of notary public. No Judge shall issue such certificate
until he is satisfied from his personal knowledge that the applicant possesses
the qualifications necessary to a proper discharge of the duties of the
office, or until the applicant has passed an examination under such rules
and regulations as the Judge may prescribe. If the applicant is admitted
to the practice of law in this state, this fact shall also be certified
by the Judge in his certification.
TERMS OF OFFICE
SECTION 147.03. Each notary
public, except a citizen of this state admitted to the practice of law
by the Ohio Supreme Court, shall hold his office for the term of five
years unless the commission is revoked. Before entering upon the duties
of his office, he shall take and subscribe an oath to be indorsed on his
commission.
A citizen of this state admitted
to the practice of law by file Ohio Supreme Court shall hold his office
as notary public as long as such citizen is a resident of this state,
is in good standing before the Ohio Supreme Court, and the commission
is not revoked. Before entering upon the duties of his office he shall
deposit with the Secretary of State the certificate provided for in Section
147.02 of the Revised Code and shall take and subscribe an oath to be
indorsed on his commission.
A notary public who violates
the oath required by this section shall be removed from office by the
Court of Common Pleas of the county in which he resides, upon complaint
filed and substantiated in such court, and the court shall thereupon certify
such removal to the governor. The person so removed shall be ineligible
for reappointment to the office of notary public.
Each citizen of this state
holding office as a notary public on October 24, 1961, shall continue
in such office until the expiration of his term and he shall thereafter
hold office pursuant to this section.
SEAL AND REGISTER
SECTION 147.04. Before entering
upon the discharge of his duties, a notary public shall provide himself
with the seal of a notary public. The seal shall consist of the coal of
arms of the state within a circle one inch in diameter and shall be surrounded
by the words "notary public", "notarial seal" or words
to that effect. The name of the notary public and the words "State
of Ohio". The seal may be either a type that will stamp ink onto
a document or one that will emboss it. The name of the notary public may,
instead of appearing on the seal be printed, typewritten, or stamped in
legible, printed letters near his signature on each document signed by
him. A notary public shall also provide himself with an official register
in which shall be recorded a copy of every certificate of protest and
copy of note, which seal and record shall be exempt from execution. Upon
the death, expiration of term without reappointment, or removal from office
of any notary public his official register shall be deposited in the office
of County Recorder of the county in which he resides.
COMMISSION TO BE
RECORDED
SECTION 147.05. Before entering
upon the duties of his office, a notary public shall leave his commission
with the oath indorsed thereon with the Clerk of the Court of Common Pleas
of the county in which he resides. The commission shall be recorded by
the Clerk in a book kept for that purpose. The Clerk shall indorse on
tile margin of the record and on the back of the commission the time he
received it for record and make a proper index to all commissions recorded
by him. For recording and indexing such commission, the fee of the Clerk
shall be as provided for in division (5) of section 2303.20 of the Revised
Code.
CERTIFIED COPY OF
COMMISSION AS EVIDENCE
SECTION 147.06. Upon application,
the Clerk of the Court of Common Pleas shall make a certified copy, of
a commission and the endorsements thereon, under the seal of the court.
which certified copy shall be prima-facie evidence of the matters and
facts therein contained. For each certified copy of a commission the Clerk
shall he entitled to receive a fee of two dollars.
POWERS OF NOTARIES
PUBLIC
SECTION 147.07. A notary public
may, throughout the state, administer oaths required or authorized by
law, take and certify depositions take and certify acknowledgments of
deeds, mortgages, liens, powers of attorney and other instruments of writing,
and receive, make and record notarial protests. In taking depositions,
he shall have the power that is by law vested in judges of county courts
to compel the attendance of witnesses and punish them for refusing to
testify. Sheriffs and constables are required to serve and return all
process issued by notaries public in the taking of depositions.
FEE OF NOTARIES PUBLIC
SECTION 147.08. A notary public
is entitled to the following fees:
(A) For the protest of a bill
of exchange or promissory note one dollar and actual necessary expenses
in going beyond the corporate limits of a municipal corporation to make
presentment or demand.
(B) For recording an instrument
required to be recorded by a notary public, ten cents for each one hundred
words.
(C) For taking and certifying
acknowledgments of deeds, mortgages, liens, powers of attorney, and other
instruments of writing and for taking and certifying depositions, and
affidavits, administering oaths, and other official services, the same
fees as are allowed by law to judges of county Courts for like services.
PROTESTS ARE EVIDENCE
SECTION 147.09. The instrument
of protest of a notary public appointed and qualified under the laws of
this state or of any other state or territory of the United States, accompanying
a bill of exchange or promissory note, which has been protested by such
notary public for nonacceptance or for nonpayment constitutes prima facie
evidence of the facts therein certified. Such instrument may be contradicted
by other evidence.
NOTARY PUBLIC ACTING
AFTER COMMISSION EXPIRES
SECTION 147.10. No notary
public shall do or perform any act as a notary public knowing that his
term of office has expired.
FORFEITURE
SECTION 147.11. A person
appointed notary public who performs any act as such after the expiration
of his term of office, knowing that his term has expired, shall forfeit
not more then five hundred dollars, to be recovered by an action in the
name of the state. Such act shall render such person ineligible for reappointment.
ACTS DONE BY NOTARY
PUBLIC AFTER TERM VALID
SECTION 147.12. An official
act done by a notary public after the expiration of his term is as valid
as if done during his term of office.
REMOVAL FOR RECEIVING
EXCESS FEES
SECTION 147.13. A notary public
who charges or receives for an act or service done or rendered by him
a fee greater than the amount prescribed by law, or who dishonestly or
unfaithfully discharges any of his duties as notary public, shall be removed
from his office by the Court of Common Pleas of the county in which he
resides, upon complaint filed and substantiated in such court and the
court shall thereupon certify such removal to the governor, the person
so removed shall be ineligible for reappointment to the office of notary
public.
REMOVAL FROM OFFICE
FOR CERTIFYING AFFIDAVIT WITHOUT ADMINISTERING OATH
SECTION 147.14. No notary
public shall certify to the affidavit of a person without administering
the oath or affirmation to such person. A notary public who violates his
section shall be removed from office by the Court of Common Pleas of the
county in which the conviction was had. The court shall thereupon certify
such removal to the governor. The person so removed shall be ineligible
to reappointment for a period of three years.
FEES FOR COMMISSIONS
SECTION 147.37. Each person
receiving a commission as notary public, except a citizen of this slate
admitted to the practice of law by the Ohio Supreme Court, shall pay a
fee of FIFTEEN dollars.
FEES FOR DUPLICATE
COMMISSIONS
SECTION 147.371, Upon receipt
of a fee of two dollars and an affidavit that the original commission
has been lost or destroyed a duplicate commission as notary public shall
be issued by the governor.
PENALTIES
SECTION 147.99. (A) Whoever
violates section 147.10 of the Revised Code shall be fined not more than
five hundred dollars.
(B) Whoever violates section
147.14 of the Revised Code shall be fined not more than one hundred dollars
or imprisoned not more than thirty days or both. |
