Key Takeaways
- Ohio notaries have exactly four statutory powers
- Administer oaths and affirmations
- Take and certify acknowledgments
- Take and certify depositions
- Receive, make, and record notarial protests
The Four Powers of an Ohio Notary
Ohio law grants notaries public specific, limited powers. Unlike some states that give notaries broad authority, Ohio is precise about what a notary may and may not do. Understanding these four powers—and their limitations—is crucial for exam success and proper practice.
The Four Statutory Powers
Ohio Revised Code Chapter 147 authorizes notaries public to perform these specific acts:
| Power | Description |
|---|---|
| 1. Administer Oaths and Affirmations | Formally bind someone to tell the truth |
| 2. Take and Certify Acknowledgments | Verify a signer acknowledges their signature |
| 3. Take and Certify Depositions | Record sworn testimony for legal proceedings |
| 4. Receive, Make, and Record Notarial Protests | Formal declaration of dishonored negotiable instruments |
Power 1: Administer Oaths and Affirmations
What Is an Oath?
An oath is a formal declaration invoking a higher power (typically God) as a witness to the truthfulness of statements. The classic form is:
"Do you solemnly swear that the statements in this document are true, so help you God?"
What Is an Affirmation?
An affirmation is a solemn declaration that does NOT invoke a higher power. It carries the same legal weight as an oath and is used by those with religious or conscientious objections to oaths:
"Do you affirm, under penalty of perjury, that the statements in this document are true?"
Key Points About Oaths and Affirmations
| Aspect | Details |
|---|---|
| Legal Effect | Identical—both are equally binding |
| Who Chooses | The person taking the oath/affirmation chooses which to use |
| Requirement | Notary MUST offer affirmation as an alternative if requested |
| Consequence of Lying | Perjury charges (a criminal offense) |
Power 2: Take and Certify Acknowledgments
An acknowledgment is the most common notarial act. The signer acknowledges that:
- They signed the document voluntarily
- They are the person whose name appears on the document
- If signing in a representative capacity (such as for a company), they have authority to sign
Key Difference from Jurat
In an acknowledgment, the signer does NOT take an oath about the truth of the document's contents. They are only acknowledging their signature and identity.
| Acknowledgment | Jurat |
|---|---|
| No oath about document contents | Oath about truth of contents required |
| Signature may have been made before notarization | Signature must be made in notary's presence |
| "Acknowledged before me" language | "Subscribed and sworn" language |
Power 3: Take and Certify Depositions
A deposition is sworn testimony taken outside of court, typically for use in legal proceedings. Ohio notaries may:
- Administer the oath to the deponent (person being deposed)
- Record or certify that the testimony was given under oath
Note: In practice, depositions are usually handled by court reporters who are also notaries. General notaries rarely perform this function.
Power 4: Notarial Protests
A notarial protest is a formal declaration that a negotiable instrument (like a check or promissory note) was presented for payment and was refused (dishonored).
In Practice: This power is rarely used today because electronic banking has largely replaced the need for formal protests.
On the Exam
Key points about the four powers:
- Know all four: You must be able to list and distinguish them
- Most common act: Acknowledgments
- Oaths vs. Affirmations: Same legal effect—person chooses
- Acknowledgment vs. Jurat: Know the difference
- Rarely used powers: Depositions and protests (but you still need to know them)
Which of the following is NOT one of the four powers of an Ohio notary public?
What is the legal difference between an oath and an affirmation?