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Mongtomery County Ohio Notary
N/a
42
Law
Professional
07/01/2015

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Term
Notary Public
Definition
A public officer of the State of Ohio, his office being created by statute.
Term
Qualifications to be a Notary Public
Definition
Must be a US citizen
18+
Registered to vote in the county in which you reside
Term
Term of Office
Definition
Five years unless the commission is revoked.
Term
Penalty for receiving excess fees
Definition
removal of office by the court of common pleas in the county in which he resides. The person removed will be ineligible for reappointment.
Term
What does the seal consist of?
Definition
The coat of arms of the state within a circle one inch in diameter, surrounded by the words "notary public, notarial seal" or words to that effect, the name of the Notary Public and the words "State of Ohio."
Term
What does the Notary have to keep a register of?
Definition
A copy of every certificate of protest and copy of note, which seal and record shall be exempt from execution.
Term
What happens to a Notary's register when he dies, notary expires or is removed from office?
Definition
It must be deposited in the office of the county recorder of the county in which he resides. For this, there is a fee of $15
Term
If a Notary's name is changed...
Definition
the new name may be used, but the name in which the commission was issued must be also indicated using the word "formally." Therefore, New Name, formerly Old Name.
Term
What do you have to do if you move out of the county?
Definition
Alert the Clerk of Courts in the new resident county, and also the Notary Commission Clerk.
Term
Penalty for Acts after Commission Expires
Definition
$500 fee, and ineligible for reappointment.
Term
What is required when papers are to be used outside of the State?
Definition
Authentication. Which is a declaration by the Clerk of the Common Please Court that the notary public is properly commissioned under the law at the time of notarizing the instrument.
Term
Jurisdiction
Definition
Anywhere within the physical commission. Witness of signature, take acknowledgement and make certification must all take place in Ohio.
Term
Oath definition
Definition
Declaration before an officer authorized by law to take oaths (such as a notary) that what he said is true or a promise that he will faithfully perform certain acts.
Term
What is required to be a proper oath
Definition
Must be substantiated by an appeal to God
Accompanied by an outward act such as raising the right hand or placing it on the Bible
Term
Affirmation definition
Definition
An oath without the appeal to God. Some people refuse to take an oath for religious reasons.
Term
Affidavit definition
Definition
A written statements 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.
Term
A deposition can be used in trial if...
Definition
1. the witness does not reside in, or is absent from the county where the trial is held.
2. the witness has since died, is imprisoned or unable to attend by reason of age or infirmity.
Term
Deposition definition
Definition
the written testimony of a witness taken under oath
Term
Penalty for misrepresenting yourself to a notary
Definition
a felony
Term
Can you do notaries in another state?
Definition
NO.
Term
Can you witness the signature in another state and certify it in your own state?
Definition
NO.
Term
Can you notarize and witness the same instrument?
Definition
YES.
Term
What do you do if someone can't sign their own name?
Definition
They can sign with an "X" in the presence of two witnesses, one of which may be the notary.
Term
What to do with blanks on a form you are notarizing?
Definition
Draw a line through blanks with ink. Do not notarize blank or partially blank papers or documents. THIS INCLUDES AUTOMOBILE TITLES.
Term
A lease must be notarized if the term is...
Definition
LONGER than 3 years.
Term
Who signs a deed?
Definition
Grantor (seller), grantee is "party" to the instrument
Term
Who signs a mortgage?
Definition
Mortgagor (or borrower giving security), mortgagee is "party" to the instrument
Term
Who needs to sign a lease?
Definition
Lessor (landlord), lessee is "party" to the instrument
Term
Who needs to sign if a grantor/mortgagor is married?
Definition
Both husband and wife, not necessarily at the same time or with the same notary
Term
Bill of Exchange or Draft definition
Definition
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 rate to the bearer
Term
Promissory Note
Definition
A promise in writing that one will pay, on demand or on a specified date, a sum of money to the bearer.
Term
Signer of a Promissory Note is called....
Definition
MAKER
Term
The person to whom a Promissory Note is made payable is...
Definition
PAYEE
Term
Notice of Dishonor
Definition
A formal notice stating that the bank that a check or draft is presented to will not honor the instrument. Such as when our checks are returned.
Term
Procedure in protests of negotiable instruments:
Definition
1. holder presents instrument and is refused
2. holder gives instrument to notary, who again makes the demand for its payment or acceptance
3. if payment is again refused, notary gives notice of dishonor to the Drawers and Endorsers
4.Notary fills out formal Certificate of Protest
Term
Fee for taking and certifying proof of an account or claim against the estate of a deceased person
Definition
$.50
Term
Fee for certifying deposition, per 100 words
Definition
$.25
Term
Fee for subpoena (each)
Definition
$.50
Term
Fee for swearing witness (each)
Definition
$.10
Term
Fee for protest of bill exchange or promissory note
Definition
$1.00
Term
Fee for taking and certifying affidavit
Definition
$1.50
Term
Fee for titles, deeds, power of attorney
Definition
$2.00
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