Why are Notaries so Important in Today’s Legal System?

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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