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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in Ohio?

No, a notary public in the State of Ohio is not required to maintain a notary journal. However, if the notary public is performing online notarizations, they are required to maintain an online notary journal pursuant to Chapter 147.65 of the Ohio Revised Code

Recommended best practices for notary journals

Although the State of Ohio does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.

 

The following pieces of information are considered “best practice” to collect in a notary journal

  1. Date and time of each notarial act

  2. A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment) 

  3. The printed full name, signature and address of each person for whom a notarial act is performed.

  4. A description of the identification document, its serial or identification number and its date of issuance or expiration

  5. The fee charged for the notarial service

 

It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code. 

Journal entry requirements

  • (a) the date and time of the notarial act;

  • (b) a description of the record, including the date of the record if indicated, and the type of notarial act;

  • (c) the full name and address of each principal;

  • (d) the signature of each principal, except (i) transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed; and (ii) if the notarial act is performed using communication technology, the journal record must reference the storage location of the audio-video recording in lieu of the signature of the principal;

  • (e) if the identity of the principal is based on personal knowledge, a statement to that effect;

  • (f) if the identity of the principal is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential;

  • (g) if the notarial act is performed using an electronic notarization system or communication technology, or both, a notation identifying the system or technology, or both; and

  • (h) the fee, if any, charged by the notary public 

  • (MCA 1-5-618[3]).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Ohio?

Yes, notaries in the State of Ohio are authorized to perform remote online notarizations.

Do I have to record the Remote Online Notarization session?

Yes

“An online notary public shall … [c]reate and maintain pursuant to [ORC 147.65] a complete recording of the audio-video communication that is the basis for identification of a principal for each online notarization” (ORC 147.65[D][3]).

What is the retention period for RON recordings?

“Except as provided in division (E) of section 147.66 of the Revised Code, an electronic journal required under division (A) of this section and the audio-video recordings required by division (D)(3) of this section shall be maintained by the online notary public during the term of the online notary public’s authorization to perform online notarizations” (ORC 147.65[F][1]).

Do I have to log RON sessions in a journal?

Yes

“An online notary public shall maintain one or more electronic journals in which the online notary public records, in chronological order, all online notarizations that the online notary public performs” (ORC 147.65[A]).

Journal format

Electronic journal required

 

“The electronic journal shall enable access by a password or other secure means of authentication and be in a tamper-evident electronic format complying with the rules of the secretary of state adopted under section 147.62 of the Revised Code” (ORC 147.65[A]).

Journal entry requirements

  • “For every online notarization, the online notary public shall record the following information in the electronic journal:

  • (1) The date and time of the notarial act;

  • (2) The type of notarial act;

  • (3) The title or a description of the record being notarized, if any;

  • (4) The electronic signature of each principal;

  • (5) The printed full name and address of each principal;

  • (6) If identification of the principal is based on personal knowledge, a statement to that effect;

  • (7) If identification of the principal is based on satisfactory evidence of identity pursuant to division (E)(2) of section 147.64 of the Revised Code, a description of the evidence relied upon, including the date of issuance or expiration of any identification credential presented;

  • (8) If identification of the principal is based on a credible witness or witnesses, the name of the witness or witnesses;

  • (9) If the notarization was not performed at the online notary public’s business address, the address where the notarization was performed;

  • (10) A description of the online notarization system used;

  • (11) The fee, if any, charged by the notary;

  • (12) The name of the jurisdiction in which the principal was located at the time of the online notarization;

  • (13) The recording upon which the identification of the principal is based, as required under division (D)(3) of this section;

  • (14) Any other information required by the secretary of state” (ORC 147.65[B]).

Journal retention

“Except as provided in division (E) of section 147.66 of the Revised Code, an electronic journal required under division (A) of this section and the audio-video recordings required by division (D)(3) of this section shall be maintained by the online notary public during the term of the online notary public’s authorization to perform online notarizations” (ORC 147.65[F][1]).

RON recordings & journal upon death

  1. “(E) (1) (a) Upon resignation, revocation, or expiration without renewal of an online notary public commission, the online notary public shall transmit the electronic journal to the secretary of state or to a repository approved by the secretary of state. This requirement does not apply to electronic journals that, as of the date of the resignation or expiration, were no longer kept in accordance with division (F) of section 147.65 of the Revised Code. If the electronic journal is transmitted to a repository, the online notary public shall inform the secretary of state where the journal is located during this period. 

  2. (b) Upon death or adjudicated incompetence of a current or former notary public, the executor or administrator of the online notary public’s estate, the notary’s guardian, or any other person knowingly in possession of the online notary public’s electronic journal, shall transmit the journal to the secretary of state or to a repository approved by the secretary of state.

  3. (2) The online notary public, the notary’s personal representative or guardian, or the administrator or the executor of the notary’s estate shall provide access instructions to the secretary of state for any electronic journal maintained or stored by the online notary public, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the online notary public, if that person is in possession of such instructions.

  4. (3) The secretary of state or repository receiving a journal transmitted under division (E)(1) of this section shall maintain the journal for a period of ten years” (ORC 147.66[E]).

Reference Links

Helpful resources for Ohio Notaries

  1. Ohio Revised Code for Online Notarizations

  2. Ohio Notary Law

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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