(1) The signer of the notarized document is required to give an oath or affirmation
that the statement in the notarized document is true and correct; and
(2) The signer signs the notarized document in the presence of a NP.
Verifying the Identity of the Principal
O.R.C. 147.53: Taking an acknowledgment.
The person taking an acknowledgment shall certify that: “(B) The person acknowledging
was known to the person taking the acknowledgment, or that the person taking the
acknowledgment had satisfactory evidence that the person acknowledging was the
person described in and who executed the instrument.”
In O.R.C. 147.541 “Acknowledged before me” was defined: “(D) The person
taking the acknowledgment either knew or had satisfactory evidence that the person
acknowledging was the person named in the instrument or certificate.”
The importance of properly fulfilling this obligation is illustrated in Keck v. Keck, 54
Ohio App. 2d 128, 375 N.E.2d 1256 (1977). Plaintiff's wife, who was a total stranger to
the NP, misrepresented to the NP that the signer was her husband. The NP failed to get
any evidence that the person executing the instrument was the person he was
represented to be even though under the circumstances, any reasonable person in the
exercise of ordinary care would have been suspicious. The improper acknowledgment
resulted in the improper sale of an automobile, for which the NP was held financially liable
due to his negligence.
The Taking of an Acknowledgement
A NP may, throughout the state, certify acknowledgments of deeds, mortgages,
liens, powers of attorney, and other instruments of writing. O.R.C. 147.07. In order to be
recorded in the recorder’s office, or to be accepted as legally effective and binding, this
acknowledgment is mandatory.
The NP taking an acknowledgment certifies that the person acknowledging did
appear before the NP and acknowledged executing the instrument voluntarily with
knowledge of its purpose. O.R.C. 147.53. The NP then certifies the instrument has been
acknowledged in the NP’s presence.
The form of a certificate of acknowledgment used by a NP shall be accepted in this
state if the certificate is in a form prescribed by Ohio law; and, the certificate contains the
words "acknowledged before me," or their substantial equivalent. O.R.C. 147.54.
The words "acknowledged before me" means the person acknowledging appeared
before the NP; acknowledged executing the instrument; and, fulfilled their specific role.
O.R.C. 147.541. The acknowledger’s status dictates what that role may be. Those
different roles can be: (1) a natural person; (2) a corporation; (3) a partnership; (4) a
person acknowledging as principal by an attorney in fact; and, (5) a person
acknowledging as a public officer, trustee, administrator, guardian, or other
representative. Carefully check the statute to see what the specific acknowledgment must
actually acknowledge.