Category: Notary News and Advice

April 2025 sees some new rules for notaries in the state of Ohio.

Much of it updates or rolls back rules enacted in 2023. The 2023 package updated the rules, but its details were sketchy. It opened up a whole lot of questions, and so turned into stop gap rules.

The rules introduced a lot of things about who could become a notary, how a notary verifies identification, as well as what a notary can charge.

Requirements to Become a Notary

The new rules specify only Ohio citizens may become notaries in Ohio. Non resident attorneys are also allowed. There was a question about reciprocity for notaries, but that was clarified. A notary from another state may not hold a license as an Ohio notary, again, unless they are an attorney.

Identification

Wow, looking at the rules the ways to verify someone’s identity was not well thought out. What type of identification is involved in someone proving who they are? No specific ones.

The new changes state that a notary has “satisfactory evidence” of the identity of the person appearing before them if the notary can identify the person by either a passport, driver’s license, government-issued nondriver identification card or other form of government-issued identification with the signature or photograph of the individual. Further, the changes state that the identification provided needs to be current or expired no more than three years before the notarial act.

Legal-Ease

Beyond this a witness may attest to the identity of a signer. But, the notary must know the witness. We think this opens up the path for furthered sketchy signings, but it is a step ahead from the 2023 rules. On the bright side, a notary can still refuse any sort of identification if they are not comfortable with it.

You Can Charge More

Go ahead and do your funky dance, but don’t get too excited.

A notary can now charge up to $30 for a remote signing. The notary may also add a $10 technology fee.

The neat thing about the technology fee, is it can be charged whether a signing is complete or not. Even in cases where where the notary refuses to sign because of identification.

The $10 fee may only be charged once per RON session.

What about if I go Mobile?

The new 2025 rules allow notaries to add an additional fee for traveling. It does not specify an amount for the traveling cost.

1 Strike and You are Out

The last main rule pertains to notaries who had had their licensed revoked. They may no longer be allowed to regain the privilege of being a notary at any point.

A new version of a bill that was introduced in 2023 is here. The SECURE Notarization Act of 2025 has been introduced to the Committee on Energy and Commerce in the House of Representatives.

Oregon Republican Representative Cliff Bentz is the originator of the bill, which is now called H.R. 1777.

What the SECURE Notarization Act Does

We are going to go through the basics. Please understand we are not lawyers, so take our review with a pinch of salt.

The SECURE Notarization Act of 2025 aims to install standards for interstate commerce, notarizations done beyond state lines. It will install minimum standards states must follow when dealing with situations when the notary assigned is not from the state of signing.

Basically, any signing affecting interstate commerce falls under the purview, and other things like judicial proceedings. The bill does not specify every situation, although it does go into detail on many as you dig through the bill.

Both states and federal institutions will have to acknowledge and follow the new rules (if the bill navigates all of the steps and gets passed).

Whose Rules to Follow

Signings still must be done under the laws of the state of the notarys’ licensed state. State courts must follow this. Notarys’ must also follow the minimum directives set forth in the bill.

While this makes courts follow the laws put forth in other states, but makes it easier on notaries, as they only need to follow the laws of the state they are licensed in, as well as the minimum requirements set forth in the bill.

If the Notary is in the Wrong

The SECURE Notarization Act of 2025 puts forth rules regarding the sanctioning and false advertising of notaries. Of note, is that the rules set forth are many of the same as the recent bill we wrote about concerning Florida notary law on Notarios.

States are still in charge of sanctioning notaries, including suspensions and rejections.

Nothing in this Act may be construed to prevent a State, or a notarial regulatory official of a State, from— establishing requirements and qualifications for, or denying, refusing to renew, revoking, suspending, or imposing a condition on, a commission or appointment as a notary public;

False advertising under the SECURE Notarization Act is mainly focused on notaries that are not licensed lawyers in their state.

An emphasis in placed on notarios. Notaries would no longer be allowed to call themselves a notario or notario publico.

Unless specific rules are in place for the notary, they would no longer be able to say they give immigration advice or advice on how to become a United States citizen.

Our Thoughts on the SECURE Notarization Act of 2025

The SECURE Notarization Act of 2025 would be a step forward in uniting rules between states, and potential freeing up notaries for more work. While the current version is still vague, these bills tend to mature as they go through the process.

The process?

It is important to remember this bill has only been recently introduced to the House of Representatives and sent to committee.

There is a long way before it can become law.

The House would have to vote yes on it, it would have to be sent to the Senate who will draft their own bill, which is then negotiated with the House bill. The Senate would then have to vote yes and it would be passed to the president.

The SECURE Notarization Act of 2025 would take some good steps into establishing signings between states. This would simplify the process, even though some laws between states vary.

We’ll find out if it gains any traction in the House and Senate.

While we come across the occasional article about notary fraud, it is not something that seems to be too widespread. We did in the past speak a bit about notarios, notaries that focus on immigrants, some taking advantage of the situation.

Enter Florida Bills SB 846 and HB 915. They both focus on stopping notario fraud on immigrants.

The definition of a notario is different for many countries, and immigrants often believe information given to them that is not allowed under United States Law. Some represent themselves about giving advice on immigration law.

In many South American countries, notario publicos are highly trained legal professionals on par with lawyers. They can provide legal advice, as well as draw up legal documents.

This has led to many immigrants being confused on the situation, and seeking advice from a notario publico that is not allowed to advise on those situations.

Abolish Notarios

While not that dramatic, the bills would no longer allow notaries to advertise or represent themselves as notarios or notario publico. They must also refrain from using any other title that makes the public believe that they are able to give legal advice, be that for immigration or other purposes.

But, that is not all.

Notaries must also provide clear information they have any title which allows them to give legal advice on immigration and other types of laws. While it is not known the definition of clear, some signage or flyer would probably do the trick.

Moving Forward

One presenter of the bill is Senator Tina Polsky. Polsky believes this bill to get traction, as the state has recently held two special sessions on immigration.

Polsky, a lawyer herself from Boca Raton (about an hour north of Miami) believes the bills will be front and center during the session in the Sunshine State, much as it is nationally.

“Due to the high priority this Legislature and (Gov. Ron DeSantis) placed on immigration, I hope that our legislation will be a priority … to address the ongoing issue of fraud and provide vital legal resources for our immigrant community,” she said in a statement.

“I look forward to working with my colleagues, community advocates, and legal experts to bring this bill to life and make Florida a safer place for all who call it home.”

Representative Marie Woodson of Hollywood (a suburb of Fort Lauderdale) explains the laws of protection are not enough to snuff out notario abuse. She is from Hollywood, Florida, but spent much of her youth in Haiti.

“Many victims fearing retaliation or uncertain about their rights to not report these fraudulent practices, allowing bad actors to continue operating with impunity,” she said in a statement. “That is why our proposed legislation seeks to require cleaner disclosure requirements for non-attorneys offering immigration-related services.”

This is not the first time that this issue has attempted to be addressed. It was just last year. The bill passed the Senate, but fizzled out in the house. This came on the heels of several high profile incidents of alleged fraud. Some of those charges were later dropped.

The bill also addressed acts aimed at stealing home from the elderly, reminiscent of the Shasta Signings.

The Florida legislative session started on March 4th.

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March 4th is a rare public workshop for notaries. The event will be held at Cayuga Community College in Auburn New York.

Noted speaker Alfred E. Piombino will be leading the session, which will last from 9am to 1pm. Parking for the event is free and there is public transportation at the college.

The class itself is $125. That includes study material. This consists of two books, Notary Public Register and Recordkeeping Protocols, as well as Notary Public Handbook: A Guide for New York.

Attendance at this seminar is a must for every prospective Notary Public to properly prepare for the serious legal authority, duties and myriad responsibilities of holding this public officer appointment,” said Alfred E. Piombino, the course pioneer and faculty.

“Simply taking and passing the 40-question examination, implemented in 1950 by New York Secretary of State Thomas J. Curran, is a good start, but it’s not sufficient preparation by itself to fully understand and execute all the required duties,” said Piombino.

The renowned course taught by Piombino will provide far-reaching reviews of the duties and responsibilities of New York Notary Public. It also will teach official state law examination preparation.

“First appointed as a New York Notary Public in 1981, I easily passed the state law examination because I was a business school student, but I really didn’t fully understand the scope and depth of my duty which inspired my further legal research,” he adds.

“This frustration with a lack of accurate, adequate resources sparked my sense of intellectual curiosity and was the catalyst of forty years of passion for dedicating myself to this niche, legal scholarship, researching, writing and teaching – to not only help other legal practitioners better protect themselves from legal liability, but also to protect the integrity of the civil and criminal court systems,” adds Piombino.

“Notarial legal ineptitude, intentional or unintentional, definitively leads to the insidious denigration of all courts, erodes public confidence and stymies good-faith efforts to effectively and fairly deliver justice to litigants, victims and defendants,” Piombino emphasized. 

The New York Secretary of State conducts the testing portion. This is done through the Department of State. Four sample law exams and answer keys are given to each attendant to help facilitate learning.

Members of the Civil Service Employees Association union may submit a voucher to cover the cost of the training. The CSEA Tuition Benefit Voucher is available to reimburse union member state employees for the New York State Examination fee.

Space is limited. To find out more or sign up for the training event visit the Cayuga Community College website here Cayuga Community College Office of Community Education & Workforce Development Courses .

In an attempt to prevent deed fraud, the state of Georgia has updated its notary laws in 2025. The new requirements are aimed at better training, better security identification, as well as updated rules for notary journals.

The journal requirements focus on record keeping for exempt entities versus “self-filers”. Exempt entities are associated with exempted professional groups. These include attorneys and title insurance agents.

Requiring record keeping, there were some legal questioning surrounding the current laws. In a strange move, personal knowledge of the signer is still sufficient for the signing.

Confirmation of Identity: To address ambiguities in the prior statutory language, the new law clarifies the acceptable methods for confirming the identity of signers, oath-takers, and affirmants. The previous statutory language allowed identity verification through “personal knowledge or satisfactory evidence,” with only one example of “satisfactory evidence:” a Veterans Health Identification Card issued by the U.S. Department of Veterans Affairs. The amended statute replaces the vague standard with a requirement for verification using government-issued photo identification documents (valid driver’s license; personal identification card issued under Georgia law; or military identification card—still including a Veterans Health Identification Card).[3] Personal knowledge remains a valid method of identity confirmation under the new law.

National Law Review

Educational requirements have also been updated, requiring testing before the initial license, as well as thirty days before each renewal.

How do I know if the Notary Journal is Required for any Specific Signing?

It’s a simple five step process that should help you navigate the new law. We’ll list the steps below, but we recommend you follow up the the text of the bill, or use the link above to the National Law Review.

1. Identify the type of document
2. Determine if signer is a “self-filer”
3. Verify the individuals identity
4. Record required information into your journal
5. Maintain your journal.

Nothing too mind bending here, just a couple of more hoops to jump through that make common sense.

1. The Charges

A notary was charged with notarizing false signatures for a Nebraska medical marijuana initiative.

A total of 24 charges were filed. The notary was charged with official misconduct. Between the notary and their alleged accomplice, 98 ballots were found to have egregious errors live wrong birth date and other details.

Each count in the filing alleged the notary was not in the same room of their accomplice. This is required by state law.

“Hall County Election Commissioner Tracy Overstreet and the people with whom she works take election integrity very seriously,” Klein said in the press release. “Their diligence and thoroughness in the petition signature verification and the work of the investigation team from the Hall County Sheriff’s Office led to these charges. Voters in Hall County should be confident in signing petitions and casting their ballots in Hall County.”

Nebraska Public Media

2. The Dismissal

Then charges were dismissed by Judge Alfred Corey.

“While these duties greatly assist others, notary publics are not public servants who are performing governmental functions,” Corey wrote in a four-page opinion Friday.

Nebraska Examiner

This case has a direct effect on medical marijuana initiatives across the state.

In addition, the court found that a notarys’ duty are essentially clerical and ministerial.

3. The Appeal

Well, it hasn’t ended there.

Prosecutors with the county and state have appealed the dismissal of charges. The notary’s attorney said he vowed to fight this all of the way.

“(The notary) is believed by everyone who has looked into this case to be the one and only person in the history of the state of Nebraska to be criminally charged for simply notarizing documents incorrectly (to be clear, we dispute that even occurred),” Porto (the attorney) said in an email. 

“Nevertheless, the Attorney General’s Office has apparently decided to continue this likely unprecedented prosecution of a well-meaning combat veteran,” Porto continued. “Why?”

Nebraska Examiner

The appeal surrounds Judge Corey’s decision that a notary is not a public official. Prosecutors have brought up the argument that some other states have different laws governing the way a notary is designated to have governmental power.

And you thought a specific signing can be difficult. Just imagine this notary’s ordeal.

We’ll keep you updated when new events occur, though the timeline for that is unknown.

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For those of you doing business in Dekalb County, Georgia, there are some updates to notary law coming soon. The new measures will be put into effect on January 1st, 2025.

It always seems to start with new notaries. They will now have to pass an educational training course to get their commission. It will now be part of the application process.

But, veterans, don’t fret, you aren’t left out. Among the provisions are required their notebook requirements. This is put in place to protect self-filers.

Here are some of the changes to the law.

A notary public shall maintain a written or electronic journal for each notarial act performed at the request of a self-filer for real estate documents.

A notary public applicant is required to complete an educational training class prior to the applicant’s initial (new) appointment.

A notary public applicant is required to complete an educational training class prior to the applicant’s renewal of a current appointment A notary public applicant will be provided a certificate upon successful completion of the training course.

A notary public applicant must include the certificate of completion with the notary application to the Clerk of Superior Court

On Common Ground News

Here are a couple of links related to the subject.

Notary Training Course

New Notary Bill

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It appears the bill passed through the New York legislature has hit a roadblock. Governor Kathy Hochul has vetoed a bill that would have relieved some burdens for notaries.

The bill dealt with how physical records are treated and stored.

We came across this bill a couple of months ago, and have been excited about its potential. Unfortunately, it did not make it across the finish line.

The COVID epidemic introduces new challenges and new laws for notaries. Among them were bookkeeping and record-keeping changes that were onerous for notaries. This caused many New York attorneys to stop being notaries, as a ten year minimum on records was deemed too big a liability.

Hence, New York Bar stepped in and introduced a bill to remedy the situation.

Here is a statement by Domenick Napoletano, president of the New York State Bar Association.

“For more than a century, New Yorkers commissioned as notaries public have been able to effectively implement their responsibilities – simply noting their name and notary identification number when doing so. When the legislature adopted new statutes enabling notarizations to occur electronically, there was an understanding that new standards should be imposed to protect consumers who were availing themselves of technological advancements, but there was no record to justify changing the standards imposed on in-person notarizations. Yet, when adopting the new rules, the state implemented rules establishing onerous record keeping requirements burdening attorneys practicing in New York State. The disclosure aspect of the superfluous rules also encroach on attorney-client privilege, as lawyers often notarize documents by clients that contain privileged information. Although it is understandable why those offering electronic notarization should be held to a higher standard to prevent fraudulent acts, I am disappointed in the governor’s veto of a bill that would have removed onerous and useless record keeping requirements burdening attorneys who perform in-person notarial acts. We will continue to advocate for a fix to these rules that make the practice of law less efficient and puts clients at risk.”

While the statement applies to lawyers, it would affect all notaries positively. Unfortunately, after the veto it appears dead in the water.