Ohio Notary Requirements and E&O Insurance

Is a notary bond required in Ohio?

Ohio does not require notaries public to obtain or file a surety bond. Chapter 147 of the Ohio Revised Code and the Secretary of State’s application requirements center on a criminal background check and, for non-attorneys, education and testing — not a bond. There is therefore no bond amount to purchase and nothing to record.

In place of a bond, Ohio screens applicants for integrity and competence. Applicants must complete an Ohio Bureau of Criminal Investigation (BCI) criminal records check (attorneys and peace officers are exempt from the check), and non-attorney applicants must complete an approved education program and pass a test. A commission can be denied for a disqualifying offense under R.C. 9.79 or where the applicant’s prior commission was revoked.

All submissions for receiving and renewing commissions are made electronically through the Secretary of State. Before beginning any notarial duties, a newly commissioned notary must personally appear before an authorized officer and take the oath of office.

How to become a notary in Ohio

1. Complete an Ohio BCI criminal records check (WebCheck). Ohio-licensed attorneys and peace officers are exempt from this step.
2. Complete approved notary education and pass the required test through an authorized vendor (attorneys commissioned after September 20, 2019 must complete education but not the test; attorneys commissioned before that date are exempt from both).
3. Apply online through the Secretary of State’s notary portal.
4. Upload the required documents: a sample signature, the BCI criminal record report, and proof of completion of education and testing.
5. After approval, personally appear before a notary public or other authorized officer and take the oath of office before performing any notarial acts.

Bond vs. E&O insurance in Ohio

Because Ohio requires no bond, errors and omissions (E&O) insurance is the only optional protection relevant to Ohio notaries. The two products differ in who they protect. A surety bond, used in other states, pays a member of the public harmed by a notary and is then recovered from the notary. E&O insurance instead protects the notary, covering defense costs and covered losses from good-faith mistakes. In Ohio, E&O is entirely voluntary.

Renewing your Ohio commission

A non-attorney Ohio commission lasts five years. To renew, a notary submits the renewal electronically through the Secretary of State before the commission expires and completes any required education and testing for renewal. Ohio-licensed attorney notaries are treated differently: their commission continues while they remain an Ohio resident or maintain their principal place of business or primary practice in Ohio, stay in good standing before the Ohio Supreme Court, and are not revoked. There is no bond to renew.

Remote online notarization in Ohio

Ohio permits remote online notarization, but only for notaries specifically authorized by the Secretary of State. A notary must already hold a current Ohio commission, complete remote online notary education and testing with an approved vendor, and apply online for RON authorization, uploading the certificate of completion. A notary who is not authorized for RON must have every signer appear in person; performing unauthorized remote notarizations can lead to disciplinary action against the commission.