Weinewuth Featured in Probate Law Journal of Ohio for Update on Notarial Certificate Requirements Following Notary Modernization Act
Vorys partner Weinewuth was recently featured in the Probate Law Journal of Ohio for a column titled "Update on Notarial Certificate Requirements Following Notary Modernization Act."
The story states:
"As discussed in the November/December issue of this publi-cation, the Ohio Notary Public Modernization Act of 2019 (the “Act”) brought with it many important changes for Ohio nota-ries, but also raised questions about exactly what language notarial certificates must contain to comply with the new law.
Under the new R.C. 147.542, the notarial certificate for each notarial act must now “clearly state” the type of notarial act being performed—whether it is an acknowledgment (in which no oath or affirmation is administered) or a jurat (in which an oath or affirmation is administered).
But as Ohio lawyers and notaries have observed, the requirements for the certificates under the new R.C. 147.542(D)(1) are not entirely consistent with the current statutory short forms found at R.C. 147.55 (“the foregoing instrument was acknowledged before me this (date) by (name of person acknowledging) ...”) and R.C. 147.551 (“[s]worn to or affirmed and subscribed before me by (signature of person making jurat) this date of (date).”
But as Ohio lawyers and notaries have observed, the requirements for the certificates under the new R.C. 147.542(D)(1) are not entirely consistent with the current statutory short forms found at R.C. 147.55 (“the foregoing instrument was acknowledged before me this (date) by (name of person acknowledging) ...”) and R.C. 147.551 (“[s]worn to or affirmed and subscribed before me by (signature of person making jurat) this date of (date).”
Read the full story in January/February 2020 Volume 30 Issue 3 of the Probate Law Journal of Ohio.
