Ohio Notary Public Exam Study Guide, Exams of Law

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Does the person being Notarized have to personally appear before the notary in order to be notarized? ---------- Correct Answer ---------- Yes Which of the following does not qualify to be appointed as a notary public in Ohio? A Ohio resident who is 19 years old B Ohio resident (age 24) who is admitted to practice law in Ohio C An Illinois resident (age 27) who has relatives in Ohio D A Michigan resident who is an attorney admitted to practice in Ohio and has his principal office in Ohio --------- Correct Answer ----------- C In order for a person to qualify to be appointed and commissioned as a notary public, he must be ___ years of age or older. --------- Correct Answer ----------- A 18 Who appoints and commissions notaries public in Ohio? A Chief Judge of the Ohio Supreme Court B Chief Court Administrator C Secretary of State D County Commissioners --------- Correct Answer ----------- C Once a document is signed, can a notary change anything? --------- Correct Answer ----- ----- No. Can a notary certify that a document is either and original or true copy? --------- Correct Answer ---------- No. If you believe a signer has been coerced, should you notarize the document? --------- Correct Answer ---------- No. Which of the following choices is not correct? Before being appointed a notary public, applicant must provide to the secretary of state a certificate from any of the following: A Judge of an Ohio court of common please B Court of appeals C Supreme court D Mayor's court --------- Correct Answer ----------- D Mayor's court The term of office of a notary is ___ years. A 3 B 4 C 5 D 7 --------- Correct Answer ----------- C 5

The term of office of a notary who is an attorney admitted to practice law in Ohio is ______ years. A 3 B 4 C 5 D None of the above --------- Correct Answer ----------- D None of the above - An attorney admitted to practice law in Ohio holds office as long as attorney is a resident of Ohio or has his principal place of business or primary practice in Ohio, he is in good standing before the Ohio supreme court, and the commission is not revoked. A notary who violates his oath is removed by the court of common pleas in the county in which he resides is ineligible for appointment for ___ years: A 1 B 2 C 5 D None of the above --------- Correct Answer ----------- D None of the above He is never eligible for reappointment If a notary legally changes his name or address after being commissioned, notary public must notify the secretary of state and the appropriate clerk of courts within ____ days after the change. A 5 B 10 C 20 D 30 --------- Correct Answer ----------- D 30 The fee for a certified copy of a notary public commission is ____. A $ B $ C $ D $10 --------- Correct Answer ----------- A $ When can a designated alternative signer be used ---------- Correct Answer ---------- When an individual's physical characteristics limit their ability to sign a document. Can you Notarize you own signature, or take your own disposition? ---------- Correct Answer ---------- No Notarize a document where the notary has an interest in? ---------- Correct Answer ------- --- No it is a conflict of interest When is an instrument said to be "dishonored?" ---------- Correct Answer ---------- When the holder of the bill, exchange or note is presented properly to the Maker, Drawer or Acceptor on the day it falls due and the payment is refused.

How does the holder of a bill get payment after an instrument is "dishonored." ---------- Correct Answer ---------- A "notice of dishonor" must be given to the drawer or endorser. The contract made by the drawer and endorser holds each liable for payment or acceptance after the "presentment for acceptance" only if he receives what and by when? ---------- Correct Answer ---------- - Has to receive the "notice of dishonor"

• Must receive it within one day after the dishonor How should a person indicates his/her name has changed since commissioning to be a notary? --------- Correct Answer ---------- New Name, formerly Old Name Whom does the notary notify if he/she changes his/her address? --------- Correct Answer ---------- * The Notary Commission Clerk in Columbus, Ohio

• If moving out of county, the Clerk of Courts in new county of residence How many members of the Bar of the State of Ohio make up the Judges Committee on Notaries Public? --------- Correct Answer ---------- No fewer than 10 How often should the Judges Committee on Notaries Public meet to determine applicants' qualifications? --------- Correct Answer ---------- At least once a month How much time does the Committee have to report approvals to one of the Judges of this Court? --------- Correct Answer ---------- 7 days What happens if an applicant, after filing an application for examination, fails to appear for said examination within thirty (30) days after applying? --------- Correct Answer -------- -- The Committee shall notify said applicant, by mail, that unless said applicant appears for examination within the next succeeding thirty (30) days, after the notice, then said application will be cancelled, and no part of the fee shall be returned. What 4 ways can the "notice of dishonor" be given to the drawer or endorser? ---------- Correct Answer ---------- Orally or written and either in person or by mail. What happens if the "notice of dishonor" is not received by the drawer or endorser within 1 day after the dishonor? ---------- Correct Answer ---------- They are discharged from all liability on the instrument. How is the contract between the Maker and Acceptor different (vs. the drawer and endorser) ---------- Correct Answer ---------- The contract holds them liable even if the bill or note is not presented for payment on the day it falls due. What is a notarial protest? ---------- Correct Answer ---------- It is a solemn declaration under the hand and seal of a notary public stating that he presented the bill or note for payment or acceptance, that it was refused, and that the notice of the dishonor was given to the Drawers and Endorsers.

What is the purpose of a notarial protest? ---------- Correct Answer ---------- Its purpose is to furnish further formal evidence of the dishonor of a bill or note by showing that all of the necessary requisites have been compiled with to hold the Drawers and Endorsers liable on the instrument. How do you determine your notary expiration date? ---------- Correct Answer ---------- Subtract 1 day and add 5 years to the date of commencement printer on your Notary Public issued by the Governor. What are the 5 steps in protests of negotiable instruments? ---------- Correct Answer ----- ----- 1. the holder (or someone authorized by him) presents the instrument for acceptance or payment--and it is refused.

2. He gives the instrument to a notary, who again formally makes demand for its payment or acceptance.
3. If payment or acceptance is again refused, the notary gives notice of the dishonor to the Drawers and Endorsers immediately.
4. The notary fills out the formal "Certificate of Protest" and attaches the bill or note to it.
5. The notary records a copy of the Certificate of Protest and the instrument in his official register/journal. When is an authentication usually required? ---------- Correct Answer ---------- It is required when papers are to be used outside of the state. What is an authentication? ---------- Correct Answer ---------- It is a declaration by the Clerk of Common Pleas Court that the notary is properly commissioned under law at the time of notarizing the instrument. *Can be obtained by contacting the Clerk's office at the Hamilton County Court House. What should you do if you move? ---------- Correct Answer ---------- Notify the clerk at the Cincinnati Bar Association with the new address. How many member of the bar of the State of Ohio make up the Judges Committee on Notaries Public? ---------- Correct Answer ---------- 10 Rules concerning Notary signatures ---------- Correct Answer ---------- Use only the exact name as commissioned (incl. init.) May use a facsimile signature if disabled and registered. Who's signature can't be notarized? ---------- Correct Answer ---------- Someone the notary knows to be adjudicated mentally incompetent by a court appears to be mentally incapable of understanding the nature & effect of the document. A notary can alter or amend anything in a written instrument after it has been signed or notarized. ---------- Correct Answer ---------- False

Should you notarize if signer appears to be unduly influenced or coerced? ---------- Correct Answer ---------- NO Can you take an acknowledgement instead of an Oath or affirmation? ---------- Correct Answer ---------- No Power of attorney ---------- Correct Answer ---------- Notaries never determine validity of a POA, representative capacity, trustee, authorized officer, agent, personal representative, or guardian. Conflict of interest means the notary: ---------- Correct Answer ---------- has a direct financial or other interest in the transaction, excluding fees is named, individually or as a grantor, grantee, mortgagor, trustor, beneficiary, vendor, lessor or as a party in some other capacity. How can an individual indicate their permission for a designated alternative signer? ------ ---- Correct Answer ---------- verbal, physical, electronic/mechanical Who must provide identification in a designated alternative signer situation? ---------- Correct Answer ---------- Both Signature by mark ---------- Correct Answer ---------- an "X" or other symbol made in place of a signature by a person unable to write Type of Notarial certigicate ---------- Correct Answer ---------- Pre printed stamped hand written attached document Can a Notary tell a client whether to use an acknowledgement or a jurat ---------- Correct Answer ---------- No, they can only explain the difference Does the signer have to raise their hand? ---------- Correct Answer ---------- No, but it helps to reinforce the seriousness of the act. More about Depositions ---------- Correct Answer ---------- Electronic Notarization ---------- Correct Answer ---------- Is Not remote online uses an electronic seal & signature Is an in-person act Notary ---------- Correct Answer ---------- someone with the legal capacity to witness and certify documents; can take depositions affidavit ---------- Correct Answer ---------- sworn written statement made before an authorized official

A Noterial Comission Grant's you permission to practice law ---------- Correct Answer ---- ------ False Who appoints/ Commissions Notaries? ---------- Correct Answer ---------- The Secretary of State How many Notaries may be appointed? ---------- Correct Answer ---------- As many as meet the qualifications and the secretary of state considers necessary Who is qualified to be a notary public? ---------- Correct Answer ---------- Is at least 18 A legal resident of Ohio* Pass a criminal records check report in the last 6 months. * Taken an education course and passed a test. An attorney licensed in Ohio Lawyers as Notaries ---------- Correct Answer ---------- Can practice law in Ohio & their principal place of business is in Ohio. Does Not need a background check. If admitted after new law, must take educational course. Peace officer as Notary Public ---------- Correct Answer ---------- Peace officers must submit an OPADA Certificate Who & why can a Notary's commission be revoked? ---------- Correct Answer ---------- By the Secretary of State, upon presentation of satisfactory evidence of official misconduct or incapacity. Secretary of State duties for notaries ---------- Correct Answer ---------- Processing of notary applications Issue all notary commissions. creation & maintenance of online database of notaries All other duties as required. Reciprocity ---------- Correct Answer ---------- A notary commissioned in another Jurisdiction if: Commissioned for at least 1 year Be in good standing in their jurisdiction Satisfied the minimum educational and testing requirements. No disqualifying offenses Must be IN Ohio when notarizing What kind of documents can't a notary notarize? ---------- Correct Answer ---------- One the notary created

Certify a document is either an original document or a true copy of another record. But you may notarize a separate written statement certifying that the document is a true copy of the original A blank form Notaries who are not attorneys may not: ---------- Correct Answer ---------- Be an immigration consultant Provide legal advice or act as an attorney solicit or accept compensation to prepare documents Represent someone in a judicial or admin proceeding Solicit or accept $ for trying to obtain relief (suing) Use the Notario or Notario Publico in adverts Application Process ---------- Correct Answer ---------- Visit secretary of state web site obtain background check Take an in person or online class and test get at least 80% on test Register you commission with the secretary of state Where can documents be notarized ---------- Correct Answer ---------- In the state I am commissioned in Penalties for failing to follow the statutory duties & limitations ---------- Correct Answer --- ------- Permanent removal from office fines imprisonment Requires a Jurat ---------- Correct Answer ---------- document states: Affirmed, subscribed & sworn, sworn to being duly sworn requires an acknowledgement ---------- Correct Answer ---------- States free act & deed or only mnetions a signatory Reasons to refuse to notarize ---------- Correct Answer ---------- Fraud failure to provide valid identification illegal reasons to refuse to notarize ---------- Correct Answer ---------- Age, race, ethnicity, gender, national origin, disabilibty, religion, political belief, lifestyle, or sexual orientation content of documents Public Fees ---------- Correct Answer ---------- Up to $5.00 for any notarial act (Not signature) a reasonable travel fee, agreed before hand

Amendment of information ---------- Correct Answer ---------- file online with secretary of state within 30 days of legal name change or address change Misplaced Notary ---------- Correct Answer ---------- request a duplicate by submitting an affidavit stating commission has been lost or destroyed Resign as a notary ---------- Correct Answer ---------- Notify the Secretary of State's office electronically How long is a non-atty. commission for ---------- Correct Answer ---------- 5 Years Renewing a notarty ---------- Correct Answer ---------- up to 90 days before experation date take class if it expires before application is submitted, must apply for a new notary The notary must decide if a document needs to be notarized ---------- Correct Answer --- ------- False, but they do need to ensure that it is properly notarized if notarization is required Identification ---------- Correct Answer ---------- A person well known to the notary The notary has viewed a current, government issued ID A Notary can only notarize documents signed in their presence ---------- Correct Answer ---------- True A Notary may accept the word of another person as to the identity of the person signing ---------- Correct Answer ---------- False, except if that person's identity is verified by a person the notary knows and trusts An acknowledgment is declaration by an individual before a notary that the individual has signed a record for the purpose stated in the record. ---------- Correct Answer ---------

• True An acknowledgment may be taken over the telephone, fax or email ---------- Correct Answer ---------- False An acknowledgment is invalid if it does not show the official capacity (Notary stamp) of the person taking it and the state of commission ---------- Correct Answer ---------- True Before me, a Notary Public in and for said county and state, personally appeared the above named (person) did sign of their free act and deed. ---------- Correct Answer ------- --- Acknowledgement

A person does not need to appear in front of the notary, only acknowledge their signature on a document. ---------- Correct Answer ---------- True only for an acknowledgement A Notary should mark through any blank spaces before the document is notarized. ------ ---- Correct Answer ---------- False, the notary should insist that all blank spaces are completed or marked through A Notary may notarize a document about matters in any state as long as they notarize the document in their commissioned state ---------- Correct Answer ---------- True Affidavit ---------- Correct Answer ---------- a Written statement of facts that are sworn to before a notary Jurat ---------- Correct Answer ---------- Official statement of the individual taking the oath that the document has been sworn or affirmed to in their presence. Steps to taking Affidavit ---------- Correct Answer ---------- 1. Verify the identity of the signer(s)

2. Validate that the document is complete (No blank spaces)
3. Administer an oath or an affirmation.
4. Affiant signs document
5. Complete the certification or Jurat Depositions ---------- Correct Answer ---------- The testimony of a witness taken outside the courtroom following the administration of an oath A Notary is required to guarantee the identity of the person appearing before them. ------ ---- Correct Answer ---------- False, but they are required to take reasonable precautions to verify the persons identity. Impatiality ---------- Correct Answer ---------- The Notary has No interest in the contents of the document Ohio Law ---------- Correct Answer ---------- Ohio Constitution, Revised code, administrative code Certified copy of a commison cost? ---------- Correct Answer ---------- $5. A criminal records check is a public record. ---------- Correct Answer ---------- False, it can only be accessed by the individual, the Ohio Secretary of State and a court. in certain circumstances. How recent must your BCI be? ---------- Correct Answer ---------- Less than one years old.

An attorney needs a background check to be a notary. ---------- Correct Answer ---------- False, they are exempt How long is a notary's term ---------- Correct Answer ---------- 5 years Disqualifiying Offenses ---------- Correct Answer ---------- crimes of moral turpitude What can a Notary do? ---------- Correct Answer ---------- Administer oaths required or authorized by law Take and certify depositions Take and certify acknowledgments of deeds, mortgages, liens, powers of attorney and other instruments of writing Seal qualities ---------- Correct Answer ---------- Coat of arms the words Notary Public & The great seal of the state of Ohio Journal ---------- Correct Answer ---------- It is the best practice to keep a record of when, who and Id It is NOT necessary. Do review the document to ensure legality of contents ---------- Correct Answer ---------- False, just for blanks Before the appointment of a notary public is made, the applicant must... ---------- Correct Answer ---------- 1. Produce to the Secretary of State a certificate from a judge or justice of the court of common please, court of appeals or supreme court, that he is of good moral character, a citizen of the county in which he resides, and if they are an attorney at law, and possessed of sufficient qualifications and ability to discharge the duties of the office of notary public.

2. The judge must be satisfied from his personal knowledge that the applicant possesses the qualifications necessary or until the applicant has passed an examination. Before entering upon the duties of office, a notary public shall take and subscribe what? ---------- Correct Answer ---------- ...an oath to be endorsed on the notary public's commission. The notary seal has what 4 things? ---------- Correct Answer ---------- 1. coat of arms of the state
3. "notary Public" or "notarial seal"
4. name of the notary public
5. "State of Ohio" The journal/register must contain what 2 things? ---------- Correct Answer ---------- 1. a copy of every certificate of protest and copy of note
6. which seal and record shall be exempt from execution.

Where should the journal/register be deposited? ---------- Correct Answer ---------- In the office of the county recorder of the county in which he resides. A notary public can do what 4 things? ---------- Correct Answer ---------- ODAP

1. O--administer oaths required or authorized by law
2. D--take and certify depositions
3. A--take and certify acknowledgements of deeds, mortgages, liens, and powers of attorney and other instruments of writing
4. P--receive, make and record notarial protests What are the powers of a notary that takes takes depositions? ---------- Correct Answer - --------- In taking these, the notary has the power which is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify. *Sheriffs and Constables are required to serve and return all process issued by notaries public in the taking of depositions. What are the fees for notary services? ---------- Correct Answer ---------- $1.50--taking and certifying one signature on an affidavit $2.00--acknowledging all instruments in writing What are the 2 punishments for a notary public that performs an act after the expiration of their term? ---------- Correct Answer ---------- 1. Forfeit not more than $500.
5. Not be eligible for reappointment. What happens if a notary public...

• charges or receives a fee greater than the amount allowed, or
• unfaithfully discharges any of his duties as a notary public ---------- Correct Answer ------ ---- They are removed from office by the court of common please of the county in which the notary public resides. They are ineligible for reappointment. What is the punishment for certifying an affidavit without administering an oath or affirmation? ---------- Correct Answer ---------- 1. Removed from office by the court of common pleas of the county in which a conviction for a violation was had

2. Person is ineligible reappointment to a period of 3 years. What is an oath? ---------- Correct Answer ---------- It is a declaration by a person before an office authorized by law. It states that what they said or about to say is true or a promise that he will faithfully perform certain acts. What 2 things are needed for a proper and legal oath? (religious) ---------- Correct Answer ---------- 1. an appeal to God to witness the sincerity of the statement

2. some kind of outward act demonstrating this appeal (raise right hand or place it on the bible.) "Do you solemnly swear that what you are about to say or have said is true, so help you God?" What 2 things are needed for a proper and legal oath? (non-religious) ---------- Correct Answer ---------- 1. an appeal for the sincerity of the statement
3. some kind of outward act demonstrating this appeal (raise right hand.) "Do you solemnly swear (or affirm) that what you are about to say or have said is true under pains and penalties of perjury?" What is an affadavit? ---------- Correct Answer ---------- This is a written statement of facts, the truth of which is sworn to before a person authorized to administer oaths, and followed by an official statement of the person taking the oath that the affidavit was signed and sworn to in his presence. In certifying an affidavit, what 3 things does a notary need to do? ---------- Correct Answer ---------- 1. administer an oath or affirmation (where the affiant is asked to state that the facts in the affidavit are true.)
4. Have the affiant sign the affidavit in the presence of the notary
5. Complete and execute the certification on the instrument below the signature of the affiant. What is an acknowledgement? ---------- Correct Answer ---------- (To deeds, mortgages, liens, powers of attorneys, etc...)

• This is a formal declaration by a person executing a DOCUMENT made to an official authorized by law to accept it (like a notary)
• States that the person executed the document freely and voluntarily for the purpose set forth in the document. What 3 things need to happen to notarize an instrument in the state of Ohio? ---------- Correct Answer ---------- 1. witness the signature

2. take the acknowledgement
3. make the certification An acknowledgment is invalid if it does not show what 2 things? ---------- Correct Answer ---------- 1. the official capacity of the person so taking it (notary public)
4. the state in which he is commissioned Who needs to sign a deed? ---------- Correct Answer ---------- Only the grantor (or person relinquishing ownership needs to sign. *If they are married, the spouse must also sign and acknowledge the instrument. This does not need to be at the same time as his spouse or even before the same notary public.

Who needs to sign the mortgage? ---------- Correct Answer ---------- Only the mortgagor (or borrower giving security) needs to sign. *If they are married, the spouse must also sign and acknowledge the instrument. This does not need to be at the same time as his spouse or even before the same notary public. What 2 things should you refrain from taking? ---------- Correct Answer ---------- 1. Taking and certifying depositions

2. Receiving, making and recording notarial protests. (These are both technical matters and should be performed by an attorney at law.) What is a bill of exchange or draft? (Which is a negotiable instrument) ---------- Correct Answer ---------- It is an unconditional order in writing signed by one person and addressed to another. It requires the person to whom it is addressed to pay on demand or at a fixed date, a sum of money to the bearer. What is "presentment for acceptance." ---------- Correct Answer ---------- When drafts payable at sight, certain date after sight, or at any other DATE NOT FIXED, they must be presented to the drawee (the person or organization, typically a bank, who must pay a draft or bill) for acceptance in order that they date for payment shall be determined. What are checks? ---------- Correct Answer ---------- They are simply drafts drawn on a deposit of funds at a bank. Who is the drawer? ---------- Correct Answer ---------- The person making the draft or check. (DPE--Drawer, Payee, Endorser) Who is the payee? ---------- Correct Answer ---------- The person to whom the draft or check is payable. (DPE--Drawer, Payee, Endorser) Who is the endorsee? ---------- Correct Answer ---------- The person to whom the check is assigned by the endorser. (DPE--Drawer, Payee, Endorser) Who is the endorser? ---------- Correct Answer ---------- The person who signs his name on the back of the draft or check. (DPE--Drawer, Payee, Endorser) How many times should the Judges Committee on the Notaries Public meet? ---------- Correct Answer ---------- Not less than once per month.

If a notary applicant is not qualified for appointment to the office of Notary Public, the applicant may file a new application for re-examination after how long? ---------- Correct Answer ---------- 30 days If a notary applicant is still unqualified for appointment after their 2nd examination, they are not permitted to file and application for an additional examination until when? ---------

• Correct Answer ---------- 30 days after 2nd examination If a notary applicant is still unqualified for appointment after their 3rd examination, they are not permitted to file and application for an additional examination until when? ---------
• Correct Answer ---------- 5 years from the date of first examination If a notary applicant files an application for examination and fails to appear for it within 30 days, what happens? ---------- Correct Answer ---------- The committee notifies applicant by mail and states that they must appear for their examination within the next 30 days or the application is cancelled. No part of the fee is returned unless the committee or a judge authorizes that.

• I took my notary test in Dayton, Ohio (Montgomery County).
• This quizlet was the one that prepared me the most.
• The actual test is 45 questions. Then you fill out a blank copy of a title, where the seller enters their info, where the buyer enters their info and mileage, and then where the notary fills in their info.
• Don't forget to use the stamp provided to put the notary stamp on the title at the end of the test. --------- Correct Answer ---------- Good Luck! Qualifications to be a notary in Ohio: --------- Correct Answer ---------- * American citizen
• At least 18 years of age
• Qualified/registered to vote at every election in county of residence An Ohio notary is a public officer of: --------- Correct Answer ---------- The State of Ohio An Ohio notary is commissioned by: --------- Correct Answer ---------- The Secretary of the State How many persons may the Secretary of State appoint and commission as notaries? --- ------ Correct Answer ---------- As many as he/she deems necessary What should the applicant provide for the Secretary of State in order to be appointed? -- ------- Correct Answer ---------- A certificate from a judge that he is of good moral character, a citizen of the county in which he resides, knowledge that the applicant has necessary qualifications or has passed an examination. In larger counties, committees of lawyers aid in determining this and present to a judge (Ex- Montgomery County requires: written form of application, under oath, and a passing grade on an exam. If requirements are fulfilled, the committee presents to a judge for approval)

Term length for a notary: --------- Correct Answer ---------- 5 years Term length for a notary if he/she is an attorney: --------- Correct Answer ---------- Valid as long as they are a resident of Ohio or their principal place of business is in Ohio Consequences of violating the oath of office: --------- Correct Answer ---------- * Removed from office by the Court of Common Pleas of the county in which he resides.

• The person so removed shall be ineligible for reappointment. Describe the seal of a notary: --------- Correct Answer ---------- * Coat of arms of the state of Ohio within a circle one inch (1") in diameter
• Surrounded by the words "notary public," "notarial seal," or words to that effect
• The name of the notary public
• The words "State of Ohio" True / False: The seal may be of either a type that will stamp ink or one that will emboss it. --------- Correct Answer ---------- True If the notary's name does not appear on the seal, what should he/she do? --------- Correct Answer ---------- Have his/her name printed, typewritten, or stamped in legible printed letters near his/her signature on each document he/she signs What else does a notary need to discharge his/her duties? --------- Correct Answer ------- --- An official register (journal) What happens to the official register upon death, removal, etc.? --------- Correct Answer ---------- It is deposited in the office of the county recorder of the county in which he/she resides. What goes into the official register (journal)? --------- Correct Answer ---------- A copy of every certificate of protest and copy of note, which seal and record shall be exempt from execution Where is the notary's commission recorded? --------- Correct Answer ---------- A book in the office of the Clerk of the Court of Common Pleas, of the county of residence. What are the four powers of a notary public? --------- Correct Answer ---------- 1. Administer oaths

2. Take and certify documents
3. Take and certify acknowledgements of deeds, mortgages, liens, powers of attorney, and other instruments of writing
4. Receive, make, and record notarial protests True / False:

In taking depositions, he/she shall have the power which is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify. --------- Correct Answer ---------- True Who are required to serve and return all process issued by notaries in the taking of depositions? --------- Correct Answer ---------- Sheriffs and constables What fee is the max fee allowed for taking and certifying one signature on an affidavit? - -------- Correct Answer ---------- $1. What fee is the max fee allowed for taking and acknowledging of automobile titles, deeds, mortgages, liens, powers of attorney, and other instruments in writing? --------- Correct Answer ---------- $2. Penalty for a notary for performing notarial acts after their commission has expired: ------ --- Correct Answer ---------- * Forfeiture of not more than $

• Ineligibility for reappointment. Penalty for a notary for receiving excessive fees: --------- Correct Answer ---------- * Removal from office by the Court of Common Pleas of the county of residence
• Ineligible for reappointment What happens if a notary dishonestly or unfaithfully discharges any of the duties as a notary? --------- Correct Answer ---------- * Removal from office by the Court of Common Pleas of the county of residence
• Ineligible for reappointment to the office of notary public Penalty for a notary that certifies an affidavit without administering the appropriate oath or affirmation to the person? --------- Correct Answer ---------- * Removal from office by the Court of Common Pleas of the county of residence
• Ineligible for reappointment to the office of notary public for 3 years Who signs a memorandum of trust? --------- Correct Answer ---------- Settlor and trustee What is an oath? --------- Correct Answer ---------- A declaration by a person before an office authorized by law, such as a notary public, to take oaths that what he has said or is about to say is true or a promise that he will faithfully perform certain acts What must accompany an oath for it to be a proper and legal oath? --------- Correct Answer ---------- * An appeal to God to witness the sincerity of the statement
• Accompanied by some outward act demonstrating this appeal, such as raising the right hand or placing it on the Bible. True / False: A person cannot take an oath without this religious affirmation. --------- Correct Answer -- -------- False:

He/she is permitted to substitute an affirmation which eliminates the appeal to God. What is an affidavit? --------- Correct Answer ---------- A written statement of facts, the truth of which is sworn to before a person authorized to administer oaths, and followed by an official statement of the person taking the oath that the affidavit was signed and sworn to, or affirmed, in his presence What are the 3 steps needed for certifying an affidavit? --------- Correct Answer ----------

1. Administer an oath or affirmation to the affiant (the person giving the affidavit) whereby the affiant is asked to state that the facts set forth in the affidavit are true.
2. Have the affiant sign the affidavit in the presence of the Notary
3. Complete and execute the certification on the instrument, below the signature of the affiant. True / False: The signer of an affidavit can acknowledge the signature in the presence of the notary. - -------- Correct Answer ---------- False: The affidavit itself must be signed in the presence of the notary. What is an acknowledgement? --------- Correct Answer ---------- A formal declaration by a person executing a document, made to an official authorized by law to take an acknowledgment (such as a Notary Public), that the person executed the document freely and voluntarily for the purpose set forth in the document. What are the steps in an acknowledgement? --------- Correct Answer ---------- 1. Signer acknowledges to the Notary that the signature is his/her own and that he/she signed the instrument voluntarily and without duress.
4. The Notary must either know the person seeking notarial services or obtain satisfactory evidence that he/she is the person described in, and who executed, the document.
5. The Notary then signs his/her own name certifying that the document was acknowledged in his/her presence. True / False: A person must provide identification for a notary to certify the identification of the person desiring it. --------- Correct Answer ---------- True: Unless the notary personally knows the individual or a third person known to the notary introduces the individual Why are acknowledgements so important? --------- Correct Answer ---------- In court, papers that have been acknowledged before a Notary Public need not be proven. The notary's certification is considered sufficient to show the authenticity of the signature. True / False: A notary may notarize his/her own signature. --------- Correct Answer ---------- False

True / False: A notary may not take an acknowledgement to an instrument in which that notary has an interest. --------- Correct Answer ---------- True True / False: An Ohio notary may notarize an instrument only when within the boundaries of the state of Ohio. --------- Correct Answer ---------- True: All three act, witnessing, acknowledgement, and certification, must all take place in the physical boundaries of Ohio. True / False: A notary may take an acknowledgement regarding matters or property outside the state of Ohio. --------- Correct Answer ---------- True: It can regard matters of property outside of Ohio, but all three notarial acts, witnessing, acknowledgement, and certification, must all take place in the physical boundaries of Ohio. True / False: A notary may not take an acknowledgement of a relative at any time. --------- Correct Answer ---------- False: He can as long as he himself has no interest in the transaction. True / False: A notary may act as a witness and notarize the same instrument. --------- Correct Answer ---------- True True / False: A notary may not take an acknowledgement of a person who cannot sign his name. ----- ---- Correct Answer ---------- False: They can sign their name with an "X," in the presence of two witnesses, one of whom may be the notary. What might invalidate an acknowledgement? --------- Correct Answer ---------- Not showing the official capacity of the person taking it (Notary Public) and the state in which he/she is commissioned. When might a notary acknowledge a blank document? --------- Correct Answer ---------- Never What is required to acknowledge a deed or mortgage? --------- Correct Answer ---------- Signature in the presence of one witness, upon the same sheet on which the instrument is written When do leases require acknowledgement? --------- Correct Answer ---------- When they are for a term of more than three years

Who needs to sign a deed? --------- Correct Answer ---------- The grantor (person relinquishing ownership) Who needs to sign a mortgage? --------- Correct Answer ---------- The mortgager (or borrower giving security) Who needs to sign a lease? --------- Correct Answer ---------- The lessor (or landlord) True / False: If the grantor or mortgagor is married, the spouse must also sign and acknowledge the instrument. --------- Correct Answer ---------- True, but not necessarily at the same time as the spouse. How is a power of attorney handled differently from a deed, mortgage, or lease? --------- Correct Answer ---------- It is not handled differently. All must be signed, witnessed, and acknowledged. What is a Bill of Exchange of Draft? --------- Correct Answer ---------- An unconditional order in writing signed by one person and addressed to another, requiring the person to whom it is addressed to pay on demand or at a fixed date a sum of money to order, or to the bearer. When is a notice of dishonor made? --------- Correct Answer ---------- When the holder of bill, exchange or note presents it properly to the Maker, Drawer or Acceptor on the day it falls due, and the payments is refused, the instrument is said to be "dishonored." After how many days will a Drawer be discharged from all liability on the instrument, if he has not received a notice of dishonor? --------- Correct Answer ---------- One What is a notarial protest? --------- Correct Answer ---------- A solemn declaration under the hand and seal of a Notary Public stating that he/she, at a certain time, presented the bill or note for payment or acceptance, that it was refused and that the notice of the dishonor was given to the Drawers and Endorsers. What are the steps to protest negotiable instruments? --------- Correct Answer ---------- 1. The holder presents the instrument for acceptance or payment and is refused

2. He gives the instrument to a notary, who again formally makes demand for its payment or acceptance
3. If payment or acceptance is again refused, the notary gives notice of the dishonor to the Drawers and Endorsers immediately
4. Notary fills out the formal Certificate of Protest and attaches the bill or note to it. True / False: Courts allow a protest form to be used in cases involving Ohio negotiable instruments. -- ------- Correct Answer ---------- True

What is authentication? --------- Correct Answer ---------- When papers are to be used outside of the state, an authentication is usually required. This is a declaration by the Clerk of Courts of the Common Pleas that the notary public is properly commissioned under the law at the time of notarizing the instrument. The authentication is forwarded with the papers to the foreign jurisdiction. Who appoints notaries public in Ohio? --------- Correct Answer ----------- The Secretary of State The minimum age for a person to be appointed and commissioned a notary public is ____. --------- Correct Answer ----------- 18 If a person meets all other requirements for notary public may the following person become a notary public? "An Ohio resident who is not an attorney." --------- Correct Answer ----------- Yes If a person meets all other requirements for notary public, may the following person become a notary public? "An Ohio resident who is an attorney admitted to the practice of law in Ohio." --------- Correct Answer ----------- Yes If an attorney is not an Ohio resident, but is admitted to practice law in Ohio and has his principal place of business in Ohio, may he be appointed and commissioned a notary public in Ohio? --------- Correct Answer ----------- Yes - also if he has hos "primary practice in Ohio" What power does the secretary of state have if he is presented with satisfactory evidence of official misconduct or incapacity of a notary? --------- Correct Answer --------- -- Power to revoke the commission of the notary. Before being appointed a notary public, the applicant must provide to the secretary of state a certificate from whom? --------- Correct Answer ----------- A judge of an Ohio court of common please, court of appeals, or supreme court. No judge or justice shall issue a certificate until the judge or justice is satisfied from personal knowledge that the applicant possess the qualifications necessary to a proper discharge of the duties of the office or ____________. --------- Correct Answer ----------- Until the applicant has passed an examination under any rules that the judge or justice may prescribe. The county in which an attorney who is not a citizen of this state and who is a notary public has the attorney's principal place of business or the attorney's primary practice shall be deemed the county in which the attorney ___________________. --------- Correct Answer ----------- Resides The term of office of a notary is _____ years. --------- Correct Answer ----------- 5

A notary who violates his oath and is removed by the court of common please in the county in which he resides is ineligible for appointment for how long? --------- Correct Answer ----------- He is never eligible for reappointment. Before entering upon the duties of the notary public office, a notary must present his commission with oath endorsed thereon, to the clerk of the court of common pleas of the county where the notary public ____________. --------- Correct Answer ----------- Resides. If a notary legally changes his name or address after being commissioned, notary public must notify the secretary of state and the appropriate clerk of courts within ____ days after the change. --------- Correct Answer ----------- 30 A notary, other than an attorney, who resigns his commission shall deliver to the secretary of state, a written notice indicating the effective dates of ____________________. --------- Correct Answer ----------- Resignation. T/F? The seal must consist of the coat of arms of the state within a cercle one inch in diameter and shall be surrounded by the words "notary public," "notarial seal," or words to that effect. --------- Correct Answer ----------- True. Also, it must have the name of the notary public and the words "State of Ohio." The seal may be of either a type that will stamp ink onto a document or one that ________________. --------- Correct Answer ----------- Will emboss it. If the name of the notary does not appear on the seal, where must it appear? --------- Correct Answer ----------- May be printed, typewritten, or stamped in legible, printed letters near the notary signature on each document signed by the notary. T/F A notary must maintain an official register in which he must record a copy of every certificate of protest and copy of note. --------- Correct Answer ----------- True - A notary must maintain an official register in which he must record a copy of every certificate of protest and copy of note. Seal and record shall be exempt from ___________________. --------- Correct Answer - ---------- execution. (seizure) An execution occurs when a court orders a sheriff or other similar official to take possession of property owned by an judgment debtor. On death or expiration of term without reappointment, or removal from office of any notary, the notary's official register shall be deposited in the office of ______________. - -------- Correct Answer ----------- the county recorder of the county in which the notary public resides. The fee for a certified copy of a notary public commission is $___ --------- Correct Answer ----------- $2

T/F A notary public may administer oaths required or authorized by law and take and certify depositions. --------- Correct Answer ----------- True - Notary public may also take and certify acknowledgements of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and receive, make, and record notarial protests. T/F Notaries public do not have the power to compel the attendance of witnesses. ------- -- Correct Answer ----------- False - In taking depositions, the notary public shall have the power that is by law vested in judges of county couts to compel the attendance of witnesses and punish them for refusing to testify. The notarial fee for the protest of a bill of exchange or promissory note is _____________________. --------- Correct Answer ----------- $1 and actual necessary expenses in going beyond the corporate limits of a municipal corporation to make presentment or demand. The notarial fee for recording an instrument required to be recorded by a notary public is _____________________________. --------- Correct Answer ----------- $0.10 for each 100 words The notarial fee for taking and certifying acknowledgements of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and for taking and certifying depositions, administering oaths, and other official services is __________________. --- ------ Correct Answer ----------- The same fees as are allowed by section 2319.27 of the Revised Code or by law to clerks of courts of common pleas for like services. The notarial fee for taking and certifying an affidavit is _____________________. --------

• Correct Answer ----------- $1.50 The instrument of protest of an Ohio notary public or of any other state or territory of the US, accompanying a bill of exchange or promissory note, protested by such notary for nonacceptance (does/does not) constitute prima-facie evidence of facts therein certified. --------- Correct Answer ----------- does May a notary public perform any act as a notary public after the notary public's term of office has expired or after he has resigned the notary public's commission? --------- Correct Answer ----------- No What is the penalty for a notary public performing any act as a notary public after the notary public's term of office has expired or after he has resigned the notary public's commission? --------- Correct Answer ----------- Not more than $500 to be recovered by an action in the name of the state. An official act done by notary public after the expiration of the notary public's term of office or after the notary public resigns the notary public's commission is (valid/not valid) --------- Correct Answer ----------- Valid

A notary who charges for an act or service, a fee greater than prescribed by law, or who dishonestly or unfaithfully discharges an official duties, shall be removed from office by ________________________. --------- Correct Answer ----------- the court of common pleas of county where notary resides. Each notary receiving a commission, including an attorney admitted to the practice of law in this state, shall pay a fee of $___ to the secretary of state. --------- Correct Answer ----------- $15 The fee for a duplicate commission is $____. --------- Correct Answer ----------- $2 Whoever violates section 147.10 of the Revised Code shall be fined not more than$_______ --------- Correct Answer ----------- $500 Whoever violates section 147.14 of the Revised Code shall be fined _________. --------- Correct Answer ----------- No more than $100 or imprisoned not more than 30 days, or both. Before entering upon the duties of the office, a notary public shall present his commission with the oath endorsed thereon, to the _________________________ of the county in which the notary public resides. --------- Correct Answer ----------- Clerk of the court of common pleas. A notary shall leave the notary public's commission with the oath endorsed on the commission with the clerk of ______________________. --------- Correct Answer -------- --- The court of common please of the county in which he resides Depositions shall be taken on ______ interrogatories, on a _____ notice given by the party desiring to take such depositions. --------- Correct Answer ----------- Written/Written Notice of a deposition (commissioned US officer) shall be served on adverse party, or his agent or attorney of record, or left at his usual place of abode, with a copy of interrogatories, at least ____ days prior to taking of such depositions. --------- Correct Answer ----------- 20 Days Party giving notice to take depositions, shall forward with his notice and interrogatories, the cross-interrogatories so served on him; and neither party, by himself, or his agent or attorney, (shall/shall not) be present at the time of taking such depositions. --------- Correct Answer ----------- Shall not Are the administration of oaths and affirmations notarial acts? --------- Correct Answer --- -------- Yes, the administration of oaths and affirmations are notarial acts. Other notarial acts include taking proof of execution and acknowledgment of instruments, and attesting documents.

T/F? Notarial acts may be performed outside Ohio for use in Ohio by an officer of the foreign service of the US, a consular agent, or any other person authorized by regulation of the US department of state to perform notarial acts in the place which the act is performed. --------- Correct Answer ----------- True - Also, notarial acts may be performed outside Ohio for use in Ohio by any other person authorized to perform notarial acts in the place in which the act is performed. By taking an acknowledgement, the notary certifies that: 1_______________________ 2___________________________ --------- Correct Answer ----------- 1 Person acknowledging appeared before him and acknowledged he executed the instrument 2 Person acknowledging was known to the notary, or that the notary had satisfactory evidence that the person acknowledging was the person described int he who executed the instrument. Commissioners of the State serve in office for a period of ___ years --------- Correct Answer ----------- 3 years Each commissioner shall obtain and use a seal of the dimensions and inscription set forth and prescribed for notaries public, in section 147.04 of the Revised Code, except that the words shall be: ___________________________. --------- Correct Answer ------- ---- "Commissioner of the State of Ohio for Veteran's Affairs" Commissioners may, without fee and within Ohio, administer oaths, take acknowledgements, and attest the execution of any instruments of writing only in connection with or used before the __________________. --------- Correct Answer ------- ---- veterans' administration T/F? A person who is not a legal resident of Ohio and who is not an attorney is qualified to be an Ohio commissioned notary public. --------- Correct Answer ----------- False - A person who is not a legal resident of Ohio CAN be a commissioned notary public of Ohio IF he is also an attorney admitted to the practice of law in Ohio by the Ohio supreme court, AND has his principal place of business or primary practice in Ohio. The secretary of state may revoke a commission on presentation of satisfactory evidence of official misconduct or _______________. --------- Correct Answer ----------- Incapacity Before a person is appointed a notary, he must produce to the secretary of state a ___________ from a judge or justice of the court of common please, court of common appeals, or supreme court. --------- Correct Answer ----------- Certificate If an applicant for notary is not an Ohio attorney, he must submit a certificate that he is a citizen of the ____________ where he resides. --------- Correct Answer ----------- county

No judge shall issue a certificate required a notary public applicant until he is satisfied that applicant possess the necessary qualification and _________________ that the judge or justice may prescribe. --------- Correct Answer ----------- passed an examination A notary who violates the oath of office shall be removed from office by the court of common pleas of the county in which the notary resides. The person so removed shall be which the notary resides. The person so removed shall be (eligible/ineligible) for reappointment of the office of notary public. --------- Correct Answer ----------- Ineligible The notarial seal must contain the coat of arms of __________________. --------- Correct Answer ----------- Ohio Generally, the notarial seal may contain the name of the ______________. --------- Correct Answer ----------- notary. OR be printed, typewritten, or stamped in legible, printed letters near his signature on each document signed by him. A notary shall obtain an _____________ in which he shall record a copy of every certificate of pretest and copy of note. --------- Correct Answer ----------- Official register __________________ shall maintain a of the commissions of each notary public appointed and commissioned by the secretary of state under this law and make an index. --------- Correct Answer ----------- Secretary of state If a notary legally changes his name or address, the notary shall notify the secretary of state and the __________________ within 30 days after the name or address change. - -------- Correct Answer ----------- Appropriate clerk of courts T/F? A notary can receive, make, and record notarial protests. --------- Correct Answer -- --------- TRUE - Can also administer oaths required or authorized by law, and take and certify depositions, acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing. In taking depositions, a notary has the power that is by law vested in judges of county courts to: 1 compel the ______________ of witnesses and 2 punish them from refusing to testify. --------- Correct Answer ----------- Attendance Who is required to serve and return all process issued by notaries public in the taking of depositions? --------- Correct Answer ----------- Sheriffs and constables If a notary is removed from office because he failed to administer an oath, the notary is ineligible to reappointment for the period of ____ years. --------- Correct Answer ----------- 3 years