Recent amendments to Ohio’s Notary Public Laws
Ohio has once again revised its notary public laws.
Effective April 6, 2023, House Bill 567 amends the state’s existing Notary Public Modernization Act. Many may remember when the Notary Public Modernization Act took effect in 2019, revamping Ohio’s notary public laws to incorporate educational requirements for notaries public and to accommodate current technologies, among other revisions. House Bill 567 makes several changes to the act, with two in particular worth noting.
First, the bill removes language from ORC 147.542 that previously required acknowledgement certificates to include a statement that “no oath or affirmation was administered to the signer with regard to this notarial act.” Formerly, drafters were required to include this language, or language substantively similar to it, in applicable notary blocks. Now, the standard statement of acknowledgement alone is sufficient.
Second, the bill codifies a short form acknowledgement certificate for limited liability companies. When drafting such acknowledgment certificates, the notary block should read as follows:
The foregoing instrument was acknowledged before me this (date) by (name of member or managing member, title of member or managing member) of (name of limited liability company acknowledging), a (jurisdiction of formation) limited liability company, on behalf of the limited liability company.
Transactional attorneys should be sure to incorporate these amendments into their drafting process, where applicable, moving forward.