Key Takeaways
- Notarizing your own signature is strictly prohibited
- Cannot notarize if you have a direct financial interest in the transaction
- Must not notarize without personal appearance
- Cannot perform notarial acts outside Ohio
- Using wrong certificate type (jurat vs. acknowledgment) is misconduct
Prohibited Notarial Acts
Ohio law establishes clear boundaries for notary conduct. Certain acts are strictly prohibited, and violating these rules can result in serious consequences including revocation of your commission.
Self-Notarization
The Prohibition
A notary public may NOT:
- Notarize their own signature
- Take their own acknowledgment
- Administer an oath to themselves
- Take their own deposition
Why? A notary serves as an impartial witness. You cannot be both the notary and the signer—there's no independent verification.
Common Violation Scenario
"I signed this document and need it notarized. Can I just notarize it myself?"
Answer: Absolutely NOT. This is one of the most fundamental prohibitions in notary law.
Financial Interest Prohibition
The Rule
A notary may NOT perform a notarial act if the notary has a direct financial interest in the transaction.
What Is Financial Interest?
| Financial Interest | NOT Financial Interest |
|---|---|
| Notary is a party to the contract | Notary's employer benefits |
| Notary receives proceeds from transaction | Notary receives standard fee |
| Notary is a beneficiary in a will | Notary knows a beneficiary |
| Notary is buying/selling property | Notary's friend is buying property |
Example Violations
| Scenario | Prohibited? | Why |
|---|---|---|
| Notarizing your own mortgage | Yes | Direct financial interest |
| Notarizing a will where you're beneficiary | Yes | Direct financial interest |
| Notarizing your spouse's business loan | Maybe | Depends on community property/benefit |
| Notarizing document for employer | No | Unless you personally benefit |
No Personal Appearance Violation
The Requirement
Every notarial act requires personal appearance. Performing a notarial act without the signer present is strictly prohibited.
Specifically Prohibited
| Method | Why Prohibited |
|---|---|
| Phone identification | No visual verification |
| Email confirmation | No live appearance |
| Fax of ID | Signer not present |
| Third-party representation | Wrong person appearing |
2025 Law Update
House Bill 315 specifically identified performing notarial acts without personal appearance as grounds for commission revocation. Notaries who identify signers over the phone will face disciplinary action.
Geographic Limitations
Ohio Only
Ohio notaries may perform notarial acts only within the state of Ohio.
| Location | Can You Notarize? |
|---|---|
| Columbus, Ohio | Yes |
| Cincinnati, Ohio | Yes |
| Louisville, Kentucky | No |
| Online (notary in Ohio) | Yes (if RON authorized) |
Consequence
Performing notarial acts outside Ohio may result in revocation of your commission.
Certificate Misuse
Wrong Certificate Type
Using the wrong certificate type is a violation:
| If You Did | Must Use | Cannot Use |
|---|---|---|
| Administered oath (jurat) | Jurat certificate | Acknowledgment certificate |
| No oath (acknowledgment) | Acknowledgment certificate | Jurat certificate |
Backdating Prohibition
A notary may NOT:
- Backdate a notarial certificate
- Use a date other than when the act was performed
- Pre-date certificates for future notarizations
Incomplete Document Prohibition
The Rule
A notary should NOT notarize a document that contains:
- Blank spaces where information should be
- Incomplete entries
- Missing signatures (in multi-signature documents where all should sign)
Best Practice
Ask the signer to complete all blanks before notarizing, or draw lines through blank spaces to prevent later additions.
On the Exam
Key prohibited acts to know:
- Self-notarization: Never notarize your own signature
- Financial interest: Cannot notarize if you benefit
- No personal appearance: Phone/email not acceptable
- Outside Ohio: Cannot notarize outside state
- Wrong certificate: Match certificate to act performed
- Backdating: Always use actual date
Can a notary notarize a document where they are named as a beneficiary?
A signer calls and says "I signed the document yesterday. Can you notarize it over the phone?" What should the notary do?
Where may an Ohio notary perform notarial acts?