Key Takeaways
- Every notarial act must have a proper certificate attached
- Certificate must match the type of notarial act performed
- Must include state, county, date, notary signature, and seal
- Notary may attach a loose certificate if document lacks one
- Never backdate or alter certificate information
Notarial Certificates
Every notarial act must be documented with a proper notarial certificate. The certificate serves as the official record of what the notary did, when, and for whom. Using the wrong certificate or omitting required elements can invalidate the notarization.
What Is a Notarial Certificate?
A notarial certificate is a written statement by the notary that:
- Describes the notarial act performed
- Identifies when and where it was performed
- Contains the notary's signature and seal
- Provides authentication for the document
Required Certificate Elements
Every Ohio notarial certificate must include:
| Element | Description |
|---|---|
| Venue | State and county where notarization occurred |
| Date | Date the notarial act was performed |
| Type of act | Whether acknowledgment, jurat, etc. |
| Signer identification | Statement of how signer was identified |
| Notary signature | Notary's handwritten signature |
| Notary seal/stamp | Official Ohio notary seal |
| Commission expiration | When notary's commission expires |
Matching Certificate to Act
Critical Rule: The certificate must match the type of notarial act actually performed.
| Act Performed | Certificate Language |
|---|---|
| Acknowledgment | "acknowledged before me" |
| Jurat | "subscribed and sworn before me" |
| Affirmation | "subscribed and affirmed before me" |
Violation Example: If you administer an oath and have the signer sign before you (jurat), but use an acknowledgment certificate, you have committed notary misconduct.
Where Certificates Appear
Pre-printed on Document
Many legal documents have notarial certificates pre-printed:
- Deeds
- Affidavits
- Powers of attorney
- Mortgage documents
Notary's duty: Verify the pre-printed certificate matches the act you're performing. If it doesn't, use a separate certificate.
Loose Certificates
When a document does NOT have a certificate, the notary may:
- Use a loose certificate (separate page)
- Attach it to the document
- Include identifying information to link the certificate to the document
Loose Certificate Requirements
When using a loose certificate, include:
| Information | Purpose |
|---|---|
| Document description | What document is being notarized |
| Number of pages | Identifies the complete document |
| Signer's name | Links to specific individual |
| Date of document | Additional identification |
Certificate Do's and Don'ts
DO:
- Verify certificate matches the act performed
- Fill in all blanks completely
- Use your official seal
- Sign with your commissioned name
- Use the correct date
DON'T:
- Backdate certificates (use date act was actually performed)
- Leave blanks unfilled
- Use a certificate that doesn't match the act
- Sign before the signer appears
- Notarize incomplete documents
Correcting Certificate Errors
If you make an error on a certificate:
| Type of Error | Correction Method |
|---|---|
| Minor error (wrong date) | Single line through error, write correction, initial |
| Wrong certificate type | Void the certificate, use correct one |
| Missing information | Complete all required fields |
| After document leaves | DO NOT alter—may need new notarization |
Never use correction fluid (white-out) on notarial certificates.
Venue: State and County
The venue (State of Ohio, County of ___) indicates WHERE the notarization took place, not where the signer lives or where the document will be used.
Venue Rules
| Scenario | Venue Shown |
|---|---|
| Notarization in Franklin County | State of Ohio, County of Franklin |
| Signer lives in Cuyahoga County | Still show where notarization occurred |
| Document about property in Hamilton County | Still show where notarization occurred |
On the Exam
Key points about certificates:
- Must match act: Jurat certificate for jurats, acknowledgment certificate for acknowledgments
- All elements required: Missing elements = invalid certificate
- Loose certificates OK: If document lacks certificate
- Never backdate: Use actual date of notarization
- Venue = location: Where notarization occurred, not where signer lives
A notary administers an oath and watches the signer sign, but uses an acknowledgment certificate. What has occurred?
What does the venue (State and County) on a notarial certificate indicate?
When may a notary use a loose certificate?