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This comprehensive study guide provides a detailed overview of the ohio notary public exam, covering essential topics such as the duties, powers, and responsibilities of a notary public. It includes numerous questions and answers, along with explanations, to help individuals prepare for the exam and understand the legal requirements for becoming a notary in ohio.
Typology: Exams
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How many persons may the Secretary of State appoint and commission as notaries? - ANSWER>>As many as he/she deems necessary What should the applicant provide for the Secretary of State in order to be appointed? - 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: - ANSWER>>5 years Term length for a notary if he/she is an attorney: - 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: - ANSWER>>* Removed from office by the Court of Common Pleas of the county in which he resides.
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. - ANSWER>>True Who are required to serve and return all process issued by notaries in the taking of depositions? - ANSWER>>Sheriffs and constables What fee is the max fee allowed for taking and certifying one signature on an affidavit? - 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? - ANSWER>>$2. Penalty for a notary for performing notarial acts after their commission has expired: - ANSWER>>* Forfeiture of not more than $
What is an oath? - 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? - ANSWER>>* An appeal to God to witness the sincerity of the statement
What is an acknowledgement? - 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? - 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.
An Ohio notary may notarize an instrument only when within the boundaries of the state of Ohio. - 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. - 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. - 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. - ANSWER>>True True / False: A notary may not take an acknowledgement of a person who cannot sign his name. - 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? - 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? - ANSWER>>Never
What is required to acknowledge a deed or mortgage? - ANSWER>>Signature in the presence of one witness, upon the same sheet on which the instrument is written When do leases require acknowledgement? - ANSWER>>When they are for a term of more than three years Who needs to sign a deed? - ANSWER>>The grantor (person relinquishing ownership) Who needs to sign a mortgage? - ANSWER>>The mortgager (or borrower giving security) Who needs to sign a lease? - ANSWER>>The lessor (or landlord) True / False: If the grantor or mortgagor is married, the spouse must also sign and acknowledge the instrument. - 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? - ANSWER>>It is not handled differently. All must be signed, witnessed, and acknowledged. What is a Bill of Exchange of Draft? - 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? - 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? - ANSWER>>One What is a notarial protest? - 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? - ANSWER>>1. The holder presents the instrument for acceptance or payment and is refused
How much time does the Committee have to report approvals to one of the Judges of this Court? - 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? - 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 is authentication? - 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? - ANSWER>>The Secretary of State The minimum age for a person to be appointed and commissioned a notary public is ____. - ANSWER>> 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."
What power does the secretary of state have if he is presented with satisfactory evidence of official misconduct or incapacity of a notary? - 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? - 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 ____________. - 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 ___________________. - ANSWER>>Resides The term of office of a notary is _____ years. - ANSWER>> 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? - 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 ____________. - 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. - ANSWER>>
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 ____________________. - 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. - 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 ________________. - ANSWER>>Will emboss it. If the name of the notary does not appear on the seal, where must it appear? - 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. - 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 ___________________. - 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 ______________. - 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 $___ - ANSWER>>$
T/F A notary public may administer oaths required or authorized by law and take and certify depositions. - 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. - 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 _____________________. - 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 _____________________________. - ANSWER>>$0. 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 __________________. - 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 _____________________. - ANSWER>>$1. 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. - 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? - 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? - 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) - 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 ________________________. - 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.
A notary shall leave the notary public's commission with the oath endorsed on the commission with the clerk of ______________________. - 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. - 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. - 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. - ANSWER>>Shall not Are the administration of oaths and affirmations notarial acts? - 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. - 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___________________________ -
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 - 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: ___________________________. - 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 __________________. - 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. - 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 _______________. - 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. - 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. - 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. - 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. - ANSWER>>Ineligible The notarial seal must contain the coat of arms of __________________. - ANSWER>>Ohio Generally, the notarial seal may contain the name of the ______________.
T/F? A notary can receive, make, and record notarial protests. - 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. - ANSWER>>Attendance Who is required to serve and return all process issued by notaries public in the taking of depositions? - 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. - ANSWER>>3 years T/F? Secretary of state shall maintain a record of the commissions of each notary public appointed and commissioned by the secretary of state under this law and make an index. - ANSWER>>True If a notary legally changes his name or address, the notary shall notify the ____________________________________ within 30 days after the name or address change. - ANSWER>>secretary of state and the appropriate clerks of courts A notary, other than an attorney, who resigns the person's commission shall deliver to _______________________, on a form prescribed by the secretary of state, a written notice indicating the effective date of resignation. - ANSWER>>secretary of state A fee of $0.10 for each 100 words is charged by notaries for _______________________. - ANSWER>>Recording an instrument required to be recorded by a notary public.
The fee for taking and certifying an affidavit is $____. - ANSWER>>$1. The instrument of protest of a notary appointed and qualified under Ohio laws or of any other state or territory of the US, accompanying a bill of exchange or promissory note, which has been protested by such notary for nonacceptance or for nonpayment constitutes prima-facie _________ of the facts therein certified. - ANSWER>>Evidence What does prima-facie evidence mean - ANSWER>>Is enough evidence to prove something, but which also can be refuted. T/F? A notary may under certain circumstances do or perform an act as a notary knowing that his term of office has expired or that he has resigned his notary commission. - ANSWER>>False - No notary shall do or perform any act as a notary knowing that his term of office has expired or that he has resigned hos notary commission. A notary who performs any notarial act after the expiration of his term of office or after he resigns his commission, knowing that his term has expired or that he has resigned, shall forfeit not more than $500, to be recovered by an action in the name of Ohio. Also, such act shall _________________________. - ANSWER>>Render person ineligible for reappointment. A notary who charges for a notarial act or service a fee greater than prescribed by law, or who dishonestly or unfaithfully discharges any notaria duties, shall be removed from office by the court of common pleas and shall be eligible for __________________________. - ANSWER>>Reappointment to the office of notary public. What is the penalty for certifying an affidavit without administering the oath or affirmation? - ANSWER>>Shall be removed from office by the court of common pleas of the county in which a conviction for a violation of this section is had.
If a notary is removed for certifying an affidavit without administering the ________________________, he shall be ineligible for appointment for a period of 3 years. - ANSWER>>Oath or Affirmation Notarial acts (may/may not) be performed outside Ohio for use in Ohio with the same effect as if performed by the notary of Ohio by persons authorized pursuant to the laws and regulations of other governments, in addition to any other persons authorized by the laws and regulations of Ohio. - ANSWER>>May T/F? Included in the meaning of the words "acknowledged before me" is that the person acknowledging appeared before person taking the acknowledgment. - ANSWER>>True - Is also means that the person acknowledging acknowledged executing the instrument. Who can acknowledge for a corporation? - ANSWER>>Officer or agent of the corporation - acknowledges holding position or title stated in instrument and certificate, that the officer or agent signed the instrument on behalf of the corporation by proper authority, and that instrument was act of the corporation. Who can acknowledge for a partnership? - ANSWER>>Partner or agent - acknowledges signing instruments on behalf of partnership by proper authority and partner or agent executed instrument as the act of the partnership. T/F? An Ohio notary can in some cases notarize papers outside of the state of Ohio. - ANSWER>>False - Notary may, throughout the state, administer oaths, take and certify depositions, take and certify acknowledgements of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and to receive, make, and record notarial protest. In taking depositions, notary has the power that is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify.
No notary public shall certify to the affidavit of a person without administering the __________________________ to such person. - ANSWER>>Oath or affirmation 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 - 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. - 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 - ANSWER>>C 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 - ANSWER>>D Mayor's court The term of office of a notary is ___ years. A 3 B 4 C 5 D 7 - 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 - 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 - 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 - ANSWER>>D 30 The fee for a certified copy of a notary public commission is ____. A $2 B $4 C $5 D $10 - ANSWER>>A $2