Page 9 - April2019_BarJournal

COLuMN BarJournal

JULY/AUGUST 2015

The neW sTaTe Of nOTary

Rebecca Ruppert McMahon

o, during the excitement of the • Online notaries will be commissioned for • Attorneys who apply for notary commissions
holidays and all the year-end five-year terms and will be required to meet after the effective date of the new law must
activities, did you hear that on certain continuing education requirements. fulfill the educational, but not the testing or
December 19, 2018, former Governor • An electronic document notarized background check requirements.
SJohn Kasich signed Senate Bill 263, through an online notarization will be • Standardization of fees to be charged for
known as the “Notary Public Modernization considered an original document. the application, testing, commissioning
Act”? It might not have struck many of you • Online notaries can only perform online and renewal processes, all of which will
as noteworthy at the time, but the new law notarizations while physically present be set by the SOS in the coming months
is bringing change to Ohio’s notary universe. in Ohio, and must satisfy additional during the rulemaking process. Under
Some of the Act’s provisions took effect requirements established by the SOS related the existing system, fees vary significantly frOM The Chief exeCuTive OffiCer
on March 21, 2019, but most aspects become to technology, security, storage and more. from county to county.
effective on September 20, 2019. In the coming Beyond establishing online notary services, As the rulemaking process begins to
weeks and months, much of the detail will be the new law is also bringing change to our bring clarity to our new state of notary, the
sorted out as the rulemaking process kicks into traditional notary business, including: CMBA will be working closely with Judge
gear. But some of the changes are already clear. • Mandating criminal background checks for John J. Russo, Administrative and Presiding
For example, the new law transfers all notary applicants. Applicants who have Judge for the Cuyahoga County Court of
responsibility for the commissioning of been convicted of or pleaded guilty or no Common Pleas, as well as the dedicated
notaries from the county courts of common contest to certain disqualifying offenses may and experienced staff of Cuyahoga County’s
pleas to the Ohio Secretary of State. In be denied notary commissions. (Attorneys Notary Office, to further update and inform
addition, with the enactment of SB 263, commissioned as notaries prior to the effective our community. In the meantime, additional
Ohio becomes the 10th state in the nation to date of the law are exempt from this provision.) information about the new notary laws can
authorize online notarizations. This means • Requiring standardized training and testing be found at: https://bit.ly/2TTzVYn.
that Ohio residents who are duly appointed for notary applicants. Under the existing Come Meet us at the Bar and stay informed!
and commissioned as notaries public will system, training and testing processes
have the ability to apply for additional vary significantly from county to county,
permission to perform online notarizations. including many areas in Ohio that provide Rebecca Ruppert McMahon is the CEO of the
Some of the key provisions relate to online no training. (Attorneys commissioned as CMBA. She has been a CMBA member since
notarization include: notaries prior to the effective date of the law 1995. She can be reached at (216) 696-3525 or
• The process of online notarization will are exempt from this provision.) rmcmahon@clemetrobar.org.
require the use of electronic signatures
and notary seals, and will operate via live
video links.
• Online notaries will be required to
maintain electronic journals with details
of all online notarizations, and to deposit
those journals with the SOS or an approved
repository for a requisite period of time.
• Unlike the current rules and regulations
for Ohio notaries, online notaries will
be required to complete an educational
course and pass a test above and beyond
the requirements to become a traditional
notary. (There are some exemptions for
attorney online notaries.)
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