Key Takeaways

  • Ohio notaries have exactly four statutory powers
  • Administer oaths and affirmations
  • Take and certify acknowledgments
  • Take and certify depositions
  • Receive, make, and record notarial protests
Last updated: January 2026

The Four Powers of an Ohio Notary

Ohio law grants notaries public specific, limited powers. Unlike some states that give notaries broad authority, Ohio is precise about what a notary may and may not do. Understanding these four powers—and their limitations—is crucial for exam success and proper practice.

The Four Statutory Powers

Ohio Revised Code Chapter 147 authorizes notaries public to perform these specific acts:

PowerDescription
1. Administer Oaths and AffirmationsFormally bind someone to tell the truth
2. Take and Certify AcknowledgmentsVerify a signer acknowledges their signature
3. Take and Certify DepositionsRecord sworn testimony for legal proceedings
4. Receive, Make, and Record Notarial ProtestsFormal declaration of dishonored negotiable instruments

Power 1: Administer Oaths and Affirmations

What Is an Oath?

An oath is a formal declaration invoking a higher power (typically God) as a witness to the truthfulness of statements. The classic form is:

"Do you solemnly swear that the statements in this document are true, so help you God?"

What Is an Affirmation?

An affirmation is a solemn declaration that does NOT invoke a higher power. It carries the same legal weight as an oath and is used by those with religious or conscientious objections to oaths:

"Do you affirm, under penalty of perjury, that the statements in this document are true?"

Key Points About Oaths and Affirmations

AspectDetails
Legal EffectIdentical—both are equally binding
Who ChoosesThe person taking the oath/affirmation chooses which to use
RequirementNotary MUST offer affirmation as an alternative if requested
Consequence of LyingPerjury charges (a criminal offense)

Power 2: Take and Certify Acknowledgments

An acknowledgment is the most common notarial act. The signer acknowledges that:

  • They signed the document voluntarily
  • They are the person whose name appears on the document
  • If signing in a representative capacity (such as for a company), they have authority to sign

Key Difference from Jurat

In an acknowledgment, the signer does NOT take an oath about the truth of the document's contents. They are only acknowledging their signature and identity.

AcknowledgmentJurat
No oath about document contentsOath about truth of contents required
Signature may have been made before notarizationSignature must be made in notary's presence
"Acknowledged before me" language"Subscribed and sworn" language

Power 3: Take and Certify Depositions

A deposition is sworn testimony taken outside of court, typically for use in legal proceedings. Ohio notaries may:

  • Administer the oath to the deponent (person being deposed)
  • Record or certify that the testimony was given under oath

Note: In practice, depositions are usually handled by court reporters who are also notaries. General notaries rarely perform this function.

Power 4: Notarial Protests

A notarial protest is a formal declaration that a negotiable instrument (like a check or promissory note) was presented for payment and was refused (dishonored).

In Practice: This power is rarely used today because electronic banking has largely replaced the need for formal protests.

On the Exam

Key points about the four powers:

  • Know all four: You must be able to list and distinguish them
  • Most common act: Acknowledgments
  • Oaths vs. Affirmations: Same legal effect—person chooses
  • Acknowledgment vs. Jurat: Know the difference
  • Rarely used powers: Depositions and protests (but you still need to know them)
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The Four Powers of an Ohio Notary Public
Test Your Knowledge

Which of the following is NOT one of the four powers of an Ohio notary public?

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B
C
D
Test Your Knowledge

What is the legal difference between an oath and an affirmation?

A
B
C
D