Key Takeaways
- Personal appearance is ALWAYS required for all notarial acts
- For traditional notarizations, signer must be physically present
- For online notarizations, signer appears via two-way video
- Phone calls, emails, and faxes are NOT valid appearances
- Violating personal appearance requirement can result in commission revocation
Personal Appearance Requirement
The personal appearance requirement is one of the most fundamental principles in notary law. Without it, a notarization is invalid. This section explains what personal appearance means and why it matters.
The Core Requirement
Every notarial act requires personal appearance of the signer before the notary.
There are no exceptions to this rule. The signer must appear before the notary at the time of the notarization—whether in person or through approved online notarization technology.
Types of Personal Appearance
Ohio recognizes two methods of satisfying the personal appearance requirement:
| Method | Description | Authorization Required |
|---|---|---|
| Physical Presence | Signer is in the same room as notary | Standard notary commission |
| Online Appearance | Signer appears via two-way audio-video | RON authorization required |
Physical Presence (Traditional Notarization)
For traditional notarizations:
- Signer must be physically present in front of the notary
- Notary and signer must be able to see and communicate directly
- No technology barrier between them
- This is the standard method for most notarizations
Online Appearance (Remote Online Notarization)
For authorized online notarizations:
- Signer appears via two-way live audio and video
- Notary must be physically located in Ohio
- Signer may be located anywhere
- Requires separate RON authorization (covered in Chapter 6)
Important: A standard notary commission does NOT authorize online notarizations. You must obtain separate RON authorization from the Secretary of State.
What Is NOT Personal Appearance
The following do NOT satisfy the personal appearance requirement:
| Invalid Method | Why It Fails |
|---|---|
| Phone call | No visual verification of identity |
| No real-time appearance | |
| Fax | No live interaction |
| Text message | No visual or real-time presence |
| Mailed documents | Signer not present during notarization |
| Third-party delivery | Only the signer can appear |
Common Violation Scenario
"Can I just notarize this document? I talked to the signer on the phone and they said it's okay."
Answer: Absolutely NOT. A phone conversation is NOT personal appearance. The signer must physically appear before you (or via approved online video for RON).
Consequences of Violating Personal Appearance
Notarizing without personal appearance is a serious violation:
| Consequence | Description |
|---|---|
| Invalid notarization | The notarial act is void |
| Commission revocation | Secretary of State may revoke your commission |
| Civil liability | You may be sued for damages |
| Criminal charges | Potential fraud charges in severe cases |
| Permanent bar | May be permanently barred from reappointment |
2025 Law Update
House Bill 315 (effective April 3, 2025) clarified:
- Performing a notarial act without requiring personal appearance is grounds for revocation
- The Secretary of State may revoke a commission without a hearing if investigation confirms the violation
- Notaries who perform acts by identifying signers over the phone face disciplinary action
When Is Personal Appearance Required?
For EVERY notarial act, including:
| Act Type | Personal Appearance Required? |
|---|---|
| Acknowledgments | YES |
| Jurats | YES |
| Oaths and affirmations | YES |
| Depositions | YES |
| Copy certifications | YES |
Purpose of Personal Appearance
Personal appearance serves several critical functions:
- Identity Verification — Allows notary to compare ID to person
- Willingness Assessment — Notary can observe for signs of coercion
- Competence Evaluation — Notary can assess signer's awareness
- Oath Administration — Oaths require direct interaction
- Fraud Prevention — Prevents impersonation and forgery
On the Exam
Key points about personal appearance:
- Always required: No exceptions for any notarial act
- Phone calls don't count: Common exam trap question
- Two methods: Physical presence OR online (with RON authorization)
- Consequence: Revocation of commission
- 2025 changes: Quicker disciplinary action for violations
Which of the following satisfies the personal appearance requirement?
What can happen if a notary performs a notarial act without the signer personally appearing?