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Notary Public - ✔✔an officer whose duty is to attest to genuineness in order to render same as evidence of facts; public officer; official acts receive credence in own country and others where ins... truments used as evidence; at times officer of court Notary requirements - ✔✔citizen or resident alien of state, 18 or over, resident of county in which appointed, right to vote (elector) Appointment - ✔✔Governor may appoint and commission as many persons as he considers necessary who are 18+ citizens of the state Citizen - ✔✔elector qualified to vote at every election at place of residence Term - ✔✔five years (attorney's Notary lasts residency of state) Renewal - ✔✔application should be made 30 days prior to or post expiration; must bring white notary card - NO NOTARIZING POST EXPIRATION, after expired 30 days must reapply and test Seal - ✔✔1" diameter, includes coast of arms w/ "Notary Public", "Notarial Seal" - words to that effect, and State of Ohio. Notary name printed, typed or stamped near signature on each document. Power; Jurisdiction - ✔✔Throughout State, administer oaths, certify depositions, acknowledgements of deed and other instruments, make/record notarial protests and compel attendance of witnesses Fees - ✔✔acknowledgements, swearing witnesses, taking/certifying proof on an account and issuing subpoenas = $2.00; swearing person on affidavit = $1.50; taking/swearing depositions = UCC (usual customary charges); plus reasonable charge for time/travel above and beyond customary Post Expiration - ✔✔Knowingly acting post expiration $500 fine, ban for life; the official act post-expiration still valid Excess Fees/Dishonest/Unfaithful Discharge - ✔✔Notary charging/receiving for an act or service done or rendered by him a fee greater than the amount prescribed by law Or who dishonestly or unfaithfully discharges duties as notary public shall be removed by common pleas court in which they reside upon complaint filed & substantiated by the court and court shall certify such removal to the governor removal for certifying affidavit without administering oath - ✔✔removal and ineligibility for three years Fee for Commission - ✔✔$5; lawyer $10 Penalties - ✔✔$500 post expiration Section 147.10 & not more than $100 & imprisoned for not more than 30 days for certification of affidavit without administering oath Section 147.14 Qualifications - ✔✔18 years of age or older Citizen of Ohio Registered voter in county in which he/she is appointed Certified good moral character by Common Pleas judge, Court of Appeals or Supreme Court Steps to Obtain Commission - ✔✔1) Apply & obtain Notary book 2) Take & pass exam 3) Complete & present Application for Appointment to Geauga County Common Pleas judge for signature 4) Mail completed & signed Application for Appointment to Notary Commission Clerk 5) Commission issued upon completion of requirements 6) MANDATORY presentation of Commission upon receipt to Clerk of Courts for recording prior to any use 7) Obtain Notarial Seal (w/in 1" dia, coat of arms, says Notary Public/State of Ohio - ink or embossing) Depositions - ✔✔Notary must not be related to either party of have any interest in litigation; duty of notary to subpoena witness to be examined; subpoena served by sheriff, coroner, constable, proof of service made by affidavit of agent; no Sunday service Deposit Fees - ✔✔swearing witness $1.00; subpoena 50¢; certifying depositions 25¢ per 100 words; also tax the costs of sheriff or other serving officer Subpoena Duces Tecum - ✔✔subpoenas attendance and tangible documents be brought contempt - ✔✔refusal to be sworn, refusal to attend, refusal subscribe, refusal to obey duces tecum (subpoena for the production of evidence) - notary vested by statute with powers to impose fines or commit to jail a position found guilty; said powers should be reserved for situations with great exigency where immediate enforcement required affidavit - ✔✔an affidavit is a voluntarily statement reduced to writing, signed by affiant, sworn to before some officer authorized by law to administer oaths and by him properly attested. Notary should not prepare said document. [Show More]

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