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Akron Bar executive director discusses new notary law
SHERRY KARABIN
Legal News Reporter
Published: August 30, 2019
For years, each of Ohio’s 88 counties had its own procedure for commissioning notaries.
But on Sept. 20 major changes are taking effect that will impact Ohio residents seeking to renew commissions or become notaries for the first time.
Signed into law by former Gov. John Kasich at the end of 2018, the Notary Public Modernization Act transfers control of the notary commissioning process from local court systems to the Ohio Secretary of State’s Office.
Akron Bar Association Executive Director C. Allen Nichols said the law will centralize the notary commission application process and create uniform education and testing requirements.
“The changes are positive and will make things easier in a lot of ways,” said Nichols. “There will no longer be different rules for notaries in Akron versus Cleveland for instance.”
In addition, the new law will also permit electronic and online notarizations in Ohio.
“E-notarization means that anyone needing a notary won’t need to physically appear in front of one in order to get documents notarized,” he said. “Instead the owner will be able to accomplish the entire process online through a service that uses a webcam and certain procedures that confirm identity.”
Nichols said e-notarization will be helpful to those looking to buy homes who are already applying for mortgages online. “Now they will be able to get their paperwork notarized online, making the entire process paperless.”
Under the new law, the Ohio Secretary of State’s Office is allowed to select entities to provide education and testing for e-notaries as well as traditional notaries.
One of the companies selected is the newly formed Ohio Notary Services, a unique partnership between the Ohio State, Akron, Cleveland Metropolitan, Cincinnati, Dayton and Toledo bar associations.
Based in Akron, Ohio Notary Services will be leasing unused space from the Akron Bar Association and will provide newly mandated education and testing for e-notaries and traditional notaries.
Nichols said e-notary services will be offered online only, while those looking to be commissioned as traditional notaries can choose from both in-person and online options.
“The Akron Bar Association has always provided classes and testing for notary public applicants, but that was not true everywhere,” he said.
Nichols said under the new rules, Ohioans seeking to be commissioned as notaries for the first time must visit (https://www.sos.state.oh.us/notary/), where they can apply and pay their application fee.
Non-attorney applicants are required to obtain an Ohio Bureau of Criminal Investigation background check that is current within six months of the application.
If no qualifying offenses are discovered, applicants can reach out to an authorized education and testing provider such as Ohio Notary Services to schedule a three-hour class and take a test, which they must pass with at least an 80% score.
“The person then receives a certificate, which they can use to file with the Secretary of State as part of their application,” he said.
All non-attorney renewal applications will require an updated criminal records report and the successful completion of a one-hour continuing education class.
Attorneys who currently hold a valid notary commission will continue to have lifetime commissions, said Nichols.
Lawyers who apply after the new law takes effect won’t be required to obtain a background check, but they must complete the class before obtaining their notary commission.
While Ohio Notary Services is still putting the pieces together for its formal launch, it does have a webpage (becomeanohionotary.com), which describes the new process and outlines the fees.
“We plan to be ready for the Sept. 20 deadline,” said Nichols.
In addition to its Akron location, Ohio Notary Services will offer in-person notary education and testing in Cleveland, Columbus, Cincinnati, Dayton and Toledo.
In mid-August, Nancy Musci, former administrator of Northern Ohio Golf Charities was hired to serve as the assistant director of Ohio Notary Services.
“My goal is for Nancy to take over the day-to-day operations and I will manage the administrative and strategic aspects,” said Nichols. “In the future I would like to develop relationships with bar associations and law libraries in some of the rural counties so that we can provide services to those seeking to be commissioned as notaries who do not have access to us or our Ohio Notary Services partners.”
Akron Bar Association President Karen Adinolfi said the bar association is optimistic about the success of Ohio Notary Services.
“It has been a wonderful collaboration between metropolitan bar associations across the state as well as the Ohio State Bar Association,” said Adinolfi, a shareholder at Roetzel & Andress. “We are so pleased that the business is housed in Akron, which brings new jobs to the area and allows the bar association to utilize some of its space and expertise.
“Ohio Notary Services will have broad geographic reach, which is something that has not existed in Ohio in the past,” she said. “Ohio used to have 88 different ways of handling notaries, now there will be one single process and Ohio Notary Services and the bar association are excited to be on the cutting edge of that process.”