Ohio Notary Law Changes 9/20/19

Posted By: Kelsey D

Ohio Notary Law Changes 9/20/19 - 09/24/19 12:43 PM

Among the recent changes to this statute, a notarial certificate is now required that identifies whether the notarial act was an acknowledgement or a jurat. There's a disconnect between what the statute requires and the sample certificates provided. The model language that they provide for the acknowledgment certificate in the ORC 147.55 looks like this…

State of ............................
County of ...........................
The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging).
(Signature of person taking acknowledgment)
(Title or rank)

However, the new requirement in ORC 147.52(D)(1) says this…

"An acknowledgment certificate shall clearly state that no oath or affirmation was administered to the signer with regard to the notarial act."

I don’t see how the model language that they provide clearly states that no oath or affirmation was administered. Right?!

We have some title agents who recommend that we add this statement to the certificate, "This is an acknowledgment clause; no oath or affirmation was administered to the signer(s).” Others have said that the certificate is adequate as is. And some others have no idea what we're talking about as they were completely unaware of the new rules.

So what are others doing?
Posted By: rlcarey

Re: Ohio Notary Law Changes 9/20/19 - 09/24/19 01:10 PM

I might be missing something, but I don't show that 147.52 was modified as of 09/20/19 - however many other sections were changed to address online notarial acts. Do you have a link to the current law that you are referring too, as I don't show a 147.52(D)(1) anywhere.
Posted By: Kelsey D

Re: Ohio Notary Law Changes 9/20/19 - 09/24/19 02:46 PM

My bad. That should read ORC 147.542(D)(1).
Posted By: rlcarey

Re: Ohio Notary Law Changes 9/20/19 - 09/24/19 03:15 PM

I agree - there seems to be a mismatch between that citation, the specific requirements listed in 147.542(g) and the statutory short form acknowledgements in 147.55. But I would think that 147.55 overrides that section.

If you have access to your State Banker's Association, you might want to run this by their attorneys to see if they have an insight.
Posted By: Kelsey D

Re: Ohio Notary Law Changes 9/20/19 - 09/24/19 05:15 PM

Good suggestion. Thank you, Randy.