Posted by sn/oh on 8/19/11 11:27am
Msg #394230

certifying documents in Ohio

I've been asked to certify a note by a company that I've never worked with before. I thought that in the State of Ohio we can only ack signatures not certify docs. I looked up on the SOS page and it said in 147.51 that our notarial acts include "attesting documents" which of course is certifying a document and not just the oath or ack of the document. Am I understanding it correctly? Thanks for your help.

Reply by sn/oh on 8/19/11 3:03pm
Msg #394271

It's unbelievable. I called all over the State, it seems, to get one question quickly answered and no one would assist. No one wants to interpret what 147.51 means concerning attesting documents. SOS said they couldn't answer specific questions. Ohio can be so vague with it's notary laws. I was even prepared to pay an attorney through the Bar Assoc but was told they do not answer 3-minute questions over the phone. Well, I'm sure if someone could have answered my question from this forum you would have. :-(

Reply by jnew on 8/19/11 3:30pm
Msg #394275

Please don't regard any suggestion I make as legal advice. You might want to check your state statutes under the notarial acts section and see how an attestation is defined and or used. This would provide you with sufficient understanding of the notarial act. My state shows examples of notarial language including the attestation of copies. As a practical matter, you might want to consult your client as to the language for your attestation if an example is not provided for you. My understanding is that you are on the hook for any language which you put in as a part of your notarial act certificate and that is why you are generally advised not to create a certificate on your own.

Reply by Roger_OH on 8/19/11 10:36pm
Msg #394331

Sorry, just getting onto NotRot tonight.

ORC 147.07 specifies what acts Ohio notaries can perform. Simply, we canot affix our seal to ANYTHING that does not have a signature on it. So "certifying" a note is not a notarial act, but notarizing the signature of someone else who is certifying it is OK.

I'm sorry you had difficulty getting assistance, and that is exactly why the Ohio Society of Notaries is there to help, 7 days a week. Get contact information at www.ohionotaries.org