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November 3, 2010

Notary Public – Ohio odd rules

Ohio Notary odd rules and practices

If you are interested in oddities of notary laws in various states, rules for Ohio Notaries can sometimes be odd.  Here are some odd Ohio Notary rules / Ohio Notary Laws.

Here are a few examples.

(1) Signature by X
Many states allow signature by mark where the signer signs with an X. This is generally for very elderly signers who can’t sign their name properly. In California and many other states, two signing witnesses are required for this act. If you are an Ohio Notary, you can use a specially worded acknowledgment called a “Signature by mark acknowledgment”. I think this wording is helpful, because it helps to remind the notary what this odd procedure entails. Notaries do signatures by mark very infrequently and most don’t even know how to do it. The wording is:

State of Ohio
County of __________________

On the ____ day of ____, _______, before me, the undersigned notary public, personally appeared __________, personally known to me or proven on the basis of satisfactory evidence to be the person who made and acknowledged his/her mark on the within instrument in my presence, and in the presence of the two persons indicated below who have signed the within instrument as witnesses, one of whom, ________________________, also wrote the name of the signer by mark near the mark.

Witness my hand and official seal

_____________________ (Seal of Ohio Notary)

(2) Attorney in Fact Acknowledgment
An Ohio notary public can also use the form called an Attorney-in-fact acknowledgment individual. This particular form has he/she, his/her, etc., and is meant for an individual signer, not a duo, or multiple signers.

(3) Corporate Acknowledgment
There is also a corporate acknowledgment that Ohio notaries can use which documents the corporate position of the signer. I inserted the term (capacity), meaning the person’s job title. Here is the official Ohio notary verbiage¬† / Ohio notary wording:

State of Ohio
County of ____________

On__________, 20__, before me, the undersigned notary public, personally appeared _____________,
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the instrument as the ___________________ (capacity) of _____________ (name of corporation), a corporation, and acknowledged to me that such a corporation executed the within instrument pursuant to its by-laws, or a resolution of its board of directors, and that the seal that is affixed to the within instrument is the corporate seal of the said corporation. Witness my hand and official seal.

_________________________ (Seal of Ohio Notary )

(4) The term of office
An Ohio Notary Term of Office is five years. This is roughly the national average for number of years of a notary commission.

(5) An Ohio notary can take depositions
— can transcribe a testimony in a law suit in court.

(6) Credible Witnesses in Ohio
A credible witness can identify a signer for an Ohio Notary. However, no oath is necessary for the credible witness. Many other states require the credible witness to raise their hand and swear under oath to the identity of the signer.

You might also like:

Credible Witnesses when ID and docs have different names

Become an Ohio Notary public

Can a notary be a witness?

Ohio Notary Stories from the Edge

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November 1, 2010

Michigan Notary Public odd rules and issues

Michigan Notary Public oddities and issues

Notary Bond
A prospective Michigan Notary must have a $10,000 bond. But, the odd part is that they must purchase and file this bond within 90 days prior to submitting their Michigan Notary commission application paperwork. This bond must be filed with their local county clerk and an oath of office must be administered as part of the procedure. There is a $10 fee to record the new Michigan Notary’s Oath.

Birthday
The Michigan Notary’s term of office ends on their birthday. Their term is between six and seven years. It begins upon the date specified by the state, and ends on the Notary’s birthday roughly six and a half years later.
Here is the Michigan Notary code: A Notary public may reside in, move to, and perform notarial acts anywhere in this state from the date of appointment until the date of the Notary’s birthday occuring not less than six years and not more than seven years after the date of his or her appointment unless the appointment is cancelled.

Unique Forms
Michigan Notaries can use specialized forms for Notary acts that most other states don’t have. There is an acknowledgment for copartnership. There is another acknowledgment for limited partnership. There is also a corporate acknowledgment to notarize the president of a corporation. There is an acknowledgment for a limited liability company, an acknowledgment for a public officer, and an acknowledgment for a trustee, personal representative, corporation (for any agent or officer), partnership, or attorney in fact; public officer, trustee, or personal representative.

Maintenance of Records
A person, or the personal representative of a person who is deceased, who performed a notarial act, while commissioned as a Notary Public under this act shall maintain all the records of that notarial act for at least five years after the date of that notarial act.

Remote Places
Michigan notaries on the upper peninsula will find that there are only a handful of mobile notaries in this territory which spans hundreds of miles. Notaries in U.P. might be asked to travel more than one hundred miles on a regular basis. Lets hope you get paid for mileage.

You might also like:

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Information about various notary procedures
http://blog.123notary.com/?p=2268

How to complain about a notary public
http://blog.123notary.com/?p=2179

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