Ohio Notary Exam Preparation Flashcards

Questions and Answers

Where did I take my notary test in Ohio?

Dayton, Ohio (Montgomery County)

What are the qualifications to be a notary in Ohio? (Select all that apply)

At least 16 years of age

Qualifed/registered to vote (correct)

Resident of Ohio

American citizen (correct)

An Ohio notary is a public officer of?

The State of Ohio

Who commissions an Ohio notary?

The Secretary of the State Signup and view all the answers

How many persons may the Secretary of State appoint as notaries?

As many as he/she deems necessary Signup and view all the answers

What should the notary applicant provide to the Secretary of State?

A certificate from a judge that he is of good moral character and other qualifications Signup and view all the answers

What is the term length for a notary?

5 years Signup and view all the answers

What is the term length for a notary if he/she is an attorney?

Valid as long as they are a resident of Ohio Signup and view all the answers

What are the consequences of violating the oath of office for a notary?

Removed from office and ineligible for reappointment Signup and view all the answers

Describe the seal of a notary.

Coat of arms of Ohio within a circle, surrounded by 'notary public' and the notary's name Signup and view all the answers

The seal may be of either a type that will stamp ink or one that will emboss it.

True Signup and view all the answers

If the notary's name does not appear on the seal, what should be done?

Have their name printed or stamped near the signature on each document Signup and view all the answers

What else does a notary need to discharge his/her duties?

An official register (journal) Signup and view all the answers

What happens to the official register upon death or removal of a notary?

It is deposited in the office of the county recorder Signup and view all the answers

What goes into the official register (journal)?

A copy of every certificate of protest and record of actions Signup and view all the answers

Where is the notary's commission recorded?

In a book in the office of the Clerk of the Court of Common Pleas Signup and view all the answers

What are the four powers of a notary public?

Administer oaths, take and certify documents, acknowledgements, and record notarial protests Signup and view all the answers

In taking depositions, a notary has the power vested in judges to compel attendance.

True Signup and view all the answers

Who serves and returns all process issued by notaries in depositions?

Sheriffs and constables Signup and view all the answers

What is the maximum fee allowed for taking and certifying one signature on an affidavit?

$1.50 Signup and view all the answers

What is the maximum fee allowed for taking and acknowledging automobile titles, deeds, and other instruments?

$2.00 Signup and view all the answers

What is the penalty for a notary performing acts after their commission has expired?

Forfeiture of up to $500 and ineligibility for reappointment Signup and view all the answers

What is the penalty for a notary receiving excessive fees?

Removal from office and ineligibility for reappointment Signup and view all the answers

What happens if a notary dishonestly discharges their duties?

Removal from office and ineligibility for reappointment Signup and view all the answers

What is the penalty for a notary certifying an affidavit without the appropriate oath?

Removal from office and ineligible for reappointment for 3 years Signup and view all the answers

Who signs a memorandum of trust?

Settlor and trustee Signup and view all the answers

What is an oath?

A declaration before a legally authorized officer that a statement is true Signup and view all the answers

What must accompany an oath for it to be valid?

An appeal to God and an outward act like raising a hand Signup and view all the answers

A person cannot take an oath without a religious affirmation.

False Signup and view all the answers

What is an affidavit?

A written statement sworn to before an authorized person Signup and view all the answers

What are the 3 steps needed for certifying an affidavit?

Administer an oath, have the affiant sign in the presence of the notary, and complete the certification. Signup and view all the answers

The signer of an affidavit can acknowledge their signature in the presence of the notary.

False Signup and view all the answers

What is an acknowledgement?

A formal declaration by a person executing a document in front of a notary Signup and view all the answers

What are the steps in an acknowledgement?

Signer acknowledges the signature, notary verifies identity, notary certifies the document. Signup and view all the answers

A person must provide identification for a notary to certify it.

True Signup and view all the answers

Why are acknowledgements so important?

They need not be proven in court as the notary's certification is sufficient. Signup and view all the answers

A notary may notarize his/her own signature.

False Signup and view all the answers

A notary may not take an acknowledgement to an instrument in which that notary has an interest.

True Signup and view all the answers

An Ohio notary may notarize an instrument only while in Ohio.

True Signup and view all the answers

A notary may take an acknowledgement regarding matters or property outside Ohio.

True Signup and view all the answers

A notary may not take an acknowledgement of a relative.

False Signup and view all the answers

A notary may act as a witness and notarize the same instrument.

True Signup and view all the answers

A notary may not take an acknowledgement of a person who cannot sign their name.

False Signup and view all the answers

What might invalidate an acknowledgement?

Not showing the official capacity of the notary and state of commission Signup and view all the answers

When might a notary acknowledge a blank document?

Never Signup and view all the answers

What is required to acknowledge a deed or mortgage?

Signature in the presence of one witness Signup and view all the answers

When do leases require acknowledgement?

When they are for a term of more than three years Signup and view all the answers

Who needs to sign a deed?

The grantor Signup and view all the answers

Who needs to sign a mortgage?

The mortgager (borrower) Signup and view all the answers

Who needs to sign a lease?

The lessor (landlord) Signup and view all the answers

If the grantor or mortgagor is married, the spouse must also sign and acknowledge the instrument.

True Signup and view all the answers

How is a power of attorney handled differently from a deed?

It is not handled differently. Signup and view all the answers

What is a Bill of Exchange of Draft?

An order requiring payment on demand or at a fixed date. Signup and view all the answers

When is a notice of dishonor made?

When payment is refused upon proper presentation of a bill. Signup and view all the answers

After how many days will a drawer be discharged from liability for an instrument?

One Signup and view all the answers

What is a notarial protest?

A declaration by a notary that payment was refused on a bill. Signup and view all the answers

What are the steps to protest negotiable instruments?

Present instrument for acceptance, notary demands payment, gives notice of dishonor, fills out Certificate of Protest. Signup and view all the answers

Courts allow a protest form to be used in cases involving Ohio negotiable instruments.

True Signup and view all the answers

How should a person indicate their name has changed since commissioning as a notary?

New Name, formerly Old Name Signup and view all the answers

Whom does the notary notify if the address changes?

The Notary Commission Clerk in Columbus, Ohio Signup and view all the answers

How many members of the Bar of the State of Ohio make up the Judges Committee on Notaries Public?

No fewer than 10 Signup and view all the answers

How often should the Judges Committee on Notaries Public meet?

At least once a month Signup and view all the answers

How much time does the Committee have to report approvals to judges?

7 days Signup and view all the answers

What happens if an applicant fails to appear for examination within thirty days?

Their application will be cancelled and fees will not be returned. Signup and view all the answers

What is authentication?

A declaration by the Clerk of Courts stating the notary's proper commission. Signup and view all the answers

Study Notes

Notary Exam Overview

The notary exam consists of 45 questions and requires applicants to fill out a blank title with information from the seller, buyer, and notary.
The use of an official notary stamp on the title is mandatory after completing the test.

Qualifications for Notaries in Ohio

Must be a U.S. citizen and at least 18 years old.
Must be registered to vote in the county of residence.

Notary Public Information

Notaries are public officers of the State of Ohio.
Commissioned by the Secretary of State.
The Secretary of State may appoint as many notaries as deemed necessary.

Application Requirements

Applicants must provide a certificate of good moral character from a judge.
Must demonstrate knowledge of qualifications and pass an examination.

Term Length

Standard commission term for a notary is 5 years.
For attorneys, the commission is valid as long as they reside or operate business within Ohio.

Violations and Consequences

Violations can lead to removal from office and ineligibility for reappointment.
Specific penalties include forfeitures and consequences for excessive fees or unethical duties.

Notary Seal Requirements

The seal must feature the Ohio coat of arms, the notary's name, and the words "notary public" and "State of Ohio."
The seal can either stamp ink or emboss.

Official Register Duties

Notaries must maintain an official journal for their notarial acts.
Upon death or removal, the journal is to be deposited with the county recorder.

Notarial Powers

Notaries have the authority to administer oaths, certify documents, acknowledge legal instruments, and receive notarial protests.

Affidavits and Acknowledgments

An affidavit is a sworn written statement before a notary, requiring proper execution steps.
Acknowledgments ensure documents are signed willingly and without duress, requiring identification unless personally known by the notary.

Restrictions & Conduct

Notaries cannot notarize their own signature or those of relatives without a conflict of interest.
All notarial acts must occur within Ohio's boundaries.

Handling of Documents

A deed, mortgage, or lease requires the signature of the requisite parties in the presence of a witness.
The spouse of a grantor or mortgagor must also acknowledge an instrument if married.

Negotiable Instruments

A bill of exchange or draft requires specific procedures for dishonor, involving a notary protest.

Changes in Information

Notaries must notify the commission clerk of any name or address changes.
New name documentation must indicate the previous name.

Notary Committee and Procedures

The Judges Committee overseeing notaries consists of no fewer than 10 members.
The committee meets monthly to evaluate applicants and must report approvals within 7 days.

Authentication and Out-of-State Use

Authentication is necessary for documents used outside of Ohio, confirming the notary's commission status.

Fees for Notarial Services

Maximum fees permitted include $1.50 for certifying signatures on affidavits and $2.00 for other documents like titles and deeds.

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Description

Prepare for your Ohio notary exam with these informative flashcards. Covering essential details like test structure and documentation requirements, this study tool will boost your confidence. Whether you're in Montgomery County or elsewhere in Ohio, this guide is tailored for your success.