Ohio Notary Laws are updating – Effective April 3, 2023!
Ohio Senate Bill 131 will go into effect on April 3, 2023, and will create a new element with a person’s ability to become an Ohio Notary!
This new aspect of qualification allows for any notary public, in any other state, who meets these minimum requirements:
Has had their commission for at least one year in the other state, and
Is in good standing within their own jurisdiction, and
Has completed all the required training for their current state, and
Has completed the 3-hour training course & passed the exam for Ohio, and
Does not have any disqualifying offenses.
Now, what does that mean for you? It appears that many Notaries are reading this and going “oh man yes!” without realizing there are still some limits to this aspect. What it DOES NOT MEAN is that you could become an Ohio Notary Public and perform notarizations while in your home state. Example: Jim is a notary in California, California does not allow remote online notarization yet. Jim obtains his Ohio Notary Public Commission and gets certified to perform RONs for Ohio. YES: If Jim is traveling to Ohio and will be physically in Ohio; he would be permitted to perform RON transactions under Ohio Notary Public Laws. NO: If Jim is at home in California and wants to do a RON transaction – he cannot do this as he must be physically located within the Ohio Borders to serve as an Ohio Notary Public. I, personally, love this new law because in about a year or two I plan to move to Florida. I will live in Florida for about 8 months within a year, and then spend my summers in Ohio. After I have lived in Florida for a year, with a Florida commission, I will now be able to obtain my Ohio Notary Commission for when I’m in Ohio. I will not lose my business just because I am “on the move”. This will be extremely helpful if you reside right on the Ohio border in a connecting State. Kentucky, Pennsylvania, Michigan, New York, or Indiana! You probably get text messages for signings; however, since they are “across the geographical limits” you must turn them away. Now, if you obtain this dual commission in Ohio, you can say Yes! Another way this could work for you as a notary is to promote the fact that you are dual commissioned. Now, you and I both know that having a dual commission is not “really” something that will help you be a better Notary Public. However, when you “pitch” to your prospective client base it makes you “sound” like you are more qualified than any other Notary Public that walks through their door. In this business, every little aspect helps when reaching out to new clients. The next area that they changed was within House Bill 567, Effective April 6, 2023. They updated the definition of an acknowledgement. The new definition is: a declaration by an individual before a Notary Public that the individual has signed a record for the purpose stated in the record, and if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. Should a Peace Office decide to become an Ohio Notary, they no longer need to have a background check performed. They can simply submit their OPADA Certificate to replace this requirement in the application process. The other big change is with Vehicle Titles. Previously, every title had to be notarized by the Seller with an oath given. Now, if the vehicle is being sold to a Licensed Motor Vehicle Dealer, the seller does not need to have the title, or a power of attorney notarized. This does not change private party sales, or sales to a junk yard. These title transfers must still be Notarized by the Seller, with an oath given by the Notary, and all the lines must be completed prior to notarization. This includes the Name of the Buyer, the Buyer’s Physical Address, The Amount Which Was Paid for the Vehicle, The Odometer Reading of the Vehicle, and the other miscellaneous items that require a check mark on the appropriate answer. If you believe that you would like to become an Ohio Notary Public, after the April 3rd date, you will want to get started with your background check. This will require you to download the fingerprint card from the Ohio Attorney General’s website (https://www.ohioattorneygeneral.gov/Files/Forms/Forms-for-BCI-Criminal-Records-and-Background-Chec/Background-Check-Forms/BCI-fingerprint-card), then meet with a local fingerprinting agency/training notary public in your area. After you have your ink fingerprints completed, mail the form to Ohio. This background check must be completed within 6months of your application to become an Ohio Notary Public. On April 3rd (or after) you can obtain the required training and exam at www.cyberizeitcourses.com. This training program has a state mandated fee of $130.00. This training program is self-paced and fully online. You can attend it from anywhere and complete the educational requirements for the Ohio Notary Commission. Should you want to obtain your Remote Online Notarization Commission for the State of Ohio. This is a second educational course, and the state mandated fee for it is $250.00. This course also is fully online and is only available through one vendor (per Ohio’s current law). This course can be purchased at https://www.becomeanohionotary.com/?pg=semwebCatalog&panel=showSWOD&seminarid=10423. Again, a friendly reminder, no matter what type of Ohio Notary Public Commission you have you MUST be physically located in the geographic region of Ohio to perform services as an Ohio Notary Public.
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