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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Ohio has joined a host of other states (including Indiana, Michigan, Minnesota, Tennessee, Vermont, Utah, Kentucky, Idaho, South Dakota and North Dakota) in passing legislation to allow for electronic and remote online notarization (RON). The Notary Public Modernization Act, effective September 20, 2019, which, in addition to creating uniform requirements for individuals seeking to become commissioned notaries, will allow a properly licensed online notary to use live two-way audio-video conference technology to verify an individual’s identity and perform RON (but not of depositions).

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On April 16, 2019, the Ohio secretary of state published the proposed administrative rules (Proposed Rules) addressing application requirements, electronic notarization, technology requirements for online notarization, requirements for maintenance of electronic journals of online notarizations, and the fees that can be charged.

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If adopted, the Proposed Rules would require an application to become an online notary to include the applicant’s name and official notary public name, a description of the technology to be used and how the technology meets the secretary’s requirements (discussed below), a certification that the applicant will comply with the Revised Code, an email address, any decrypting instructions or codes necessary to enable the application to be read, evidence of successful completion of at least four hours of education and testing provided by the authorized education and testing provider, a disclosure of any license or commission revocations or other professional disciplinary actions against the applicant, and a fee of $20.

In addition to allowing for online notarization, the Proposed Rules would allow a traditional notary to obtain an electronic seal and electronic signature for the purposes of notarizing electronic documents that are signed in the physical presence of the notary.

Technology Requirements for Online Notarization

The Proposed Rules would require an online notary to be in Ohio when the notarization occurs, but the signer can be located anywhere in the United States (and outside the United States in very limited circumstances). The Proposed Rules require the online notary to use a system that has two-way live audio-video conference technology, which must:

Online notaries will be required to maintain electronic journals with details of all online notarizations in chronological order and to deposit those journals with the secretary or an approved repository on the expiration of the online notary’s authorization.

The Proposed Rules would require any system used to store the electronic journals to:

Pursuant to the Proposed Rules, a notary may charge up to $5 per document for traditional notarization, up to $10 per document for electronic notarization, up to $25 for online notarization, and reasonable travel fees as agreed to by the notary and the signer prior to notarization.

The new law provides that an electronically notarized document shall be considered an original document. Additionally, county auditors, engineers and recorders are required to accept a printed document that was notarized electronically for purposes of approval, transfer and recording if the document contains the required notarial certificate.

The secretary will accept public comment on the Proposed Rules until May 15, 2019.

Jessica E. Salisbury-Copper 937.443.6854 <a href="mailto:Jessica.Salisbury-Copper@ThompsonHine.com">Jessica.Salisbury-Copper@ThompsonHine.com</a>

Kelsey J. Mullen 614.469.3293 <a href="mailto:Kelsey.Mullen@ThompsonHine.com">Kelsey.Mullen@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgement of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

New Ohio Law Allows Remote Online Notarization

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