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September 11, 2024
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Qualifications: An applicant for a commission as an Oregon Notary Public must (ORS 194.315[2]:
(a) be at least 18 years old;
(b) be a resident of Oregon or have a place of employment or practice in Oregon;
(c) be able to read and write English;
(d) not have been convicted of a felony or any crime involving fraud, dishonesty or deceit during the 10-year period preceding the date of application;
(e) not have been convicted of acting as or otherwise impersonating a Notary as described in ORS 194.990, obstructing governmental or judicial administration under ORS 162.235(1)(b), or engaging in the unauthorized practice of law as described in ORS 9.160;
(f) not have been found by a court to have practiced law without a license under ORS 9.160 or engaged in an unlawful trade practice described in ORS 646.608(1)(vvv);
(g) not have entered into an assurance of voluntary compliance pursuant to ORS 646.632, based on an alleged violation of ORS 646.608(1)(vvv);
(h) not have had a Notary commission revoked during the 10-year period preceding the date of application, and
(i) not be disqualified for a commission under ORS 194.340).
In regard to qualification (b), above, “practice” is defined as “conducting a course of repeated notarizations in Oregon beyond a 30-day period” (OAR 160-100-0000[8]). In addition, out-of-state applicants are no longer restricted just to states adjacent to Oregon; applicants for an Oregon Notary commission “can be a resident anywhere,” as long as they have a place of employment or practice in the state (website, “2013 Notary Updates”).Course: A mandatory Notary training course, completed within the last six months, and an examination must be taken before submitting an application. Until January 1, 2025, all first-time applicants and all current Notaries whose commissions will expire before renewal must take the class. Notaries who apply and pass the exam before commission expiration are exempted. After January 1, 2025, all commission applicants – both new and renewing – must take the mandatory training course. “The course must cover the laws, rules, procedures and ethics relevant to notarial acts” (ORS 194.325[3]).
Authorized classes at no charge — including free online tutorials — are conducted by the Secretary of State’s office; certified education providers approved by the Secretary of State offer courses for a fee. A list of approved and certified providers is available on the Secretary’s website (OAR 160-100-1110).Exam: Required (ORS 194.325[1]). “The exam is completed online and is an open-book, true/false and multiple-choice test, based on materials found in the Notary Public Guide, live seminars and online tutorials” (NPG).
Effective January 22, 2014, the Notary exam is no longer part of the Secretary of State’s online Notary education curriculum (website, “Notary Training”). Instead, after the Notary training, the exam will be taken in a separate online program.Application
Online or Paper: “Submit you application online; you will be taken to the web page where you can access the exam. There is also a paper application and exam that can be completed, printed, and mailed in” (NPG).
Background Screening: Upon submission of an application, a criminal background check will be performed; this will confirm that the applicant has not had a previous Notary commission revoked.
Oath of Office: If the application is approved, an email is sent to the applicant with a PDF attachment of the oath of office. The applicant must print out the oath, sign it in front of a Notary, and then submit it to the Secretary of State with the $40 processing fee. The oath must be returned within 30 days of being issued or the applicant will need to re-apply. The Secretary will accept walk-in delivery of the oath, overnight delivery, or even fax. Applicants who fax the oath back to the Secretary should ensure they fax it before 4:00 p.m. and use the Secretary’s correct fax number (NPG).
Commission Certificate: Once the oath has been filed, an email will be sent to the Notary with PDF attachment files of the Certificate of Authorization (to purchase an official stamp) and the Commission Certificate. Both may be printed out.
Official Stamp: The newly commissioned Notary may then take, or send via electronic means, the Certificate of Authorization to a maker of rubber stamps; the Notary may have more than one official stamp made. After the new Notary has purchased an official stamp and, if necessary, a journal, the Notary may begin performing notarial acts.
Background Screening: “(1) For purposes described in subsection (2) of this section, upon consent of the applicant for a commission as a notary public and upon request of the Secretary of State, the Department of State Police shall furnish to the secretary any information regarding the applicant that the department may have in its possession and any information to which the department may have access, including but not limited to the Law Enforcement Data System established in ORS 181A.280.
“(2) The department shall provide the information described in subsection (1) of this section to assist in:
“(a) Verifying the identity of an applicant for a commission as a notary public; or
“(b) Determining whether the applicant has been convicted of a felony or of a lesser offense incompatible with the duties of a notary public.
“(3) For purposes of receiving the information described in this section, the Secretary of State is a criminal justice agency under ORS 181A.010 to 181A.350 and the rules adopted under ORS 181A.230.
“(4) An individual applying for a commission as a notary public is considered, upon signing the application filed under ORS 194.315, to have given the consent necessary for purposes of subsection (1) of this section” (ORS 194.370).
“Because a notary’s whole purpose is to detect and deter fraud, Oregon statutes require notary applicants to undergo a criminal background check. The law requires that an applicant must ‘not have been convicted of a felony or any crime involving fraud, dishonesty or deceit during the 10-year period preceding the date of the application.' ORS 194.315(2)(d).” (NPG)Non-Residents: Out-of-state residents who have a place of employment or practice in Oregon may apply to become Notaries in the state; this privilege is no longer restricted just to residents of adjacent states (ORS 194.315[2][b]).
Reappointment: Notary commissions are not automatically renewed. The renewal process is identical to the initial application process, except that current Notaries who apply for renewal and pass the exam before their commission expires are exempted from the training class.
Applications for reappointment are submitted online. “You can submit a new application 30 days before the expiration of your current commission” (NPG).
“If the current notary public is applying for a new commission, the same notarial journal may be used with the new notarial commission, as long as the information required in the front of the notarial journal is updated. The notary public should indicate where the new notarial commission begins on the next journal entry line” (NPG).No Immunity or Benefit: “A commission as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees of this state” (ORS 194.315[5]).
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In-Person Electronic Notarial Acts
Requirement: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the Secretary of State, by rule, has established standards pursuant to ORS 194.360 for approval of technology, the technology must conform to the standards. If the technology conforms to the standards, the Secretary of State shall approve the use of the technology” (ORS 194.305[2]).
Application: In notifying the Corporation Division of the intent to start notarizing electronically, the Notary must provide the commission name and number, a public records and an email address, and the technology vendor’s name, contact information and website (OAR 160-100-0140[1]). The following must also be provided: (a) “An exemplar of a notarized record that includes the notary’s official stamp, the electronic notarial signature, and the electronic notarial certificate. The exemplar shall be a generic sample and not an actual notarized private record” and (b) (OAR 160-100-0140[1][i] and “A statement under penalty of perjury that the method of electronic notarization meets the July 13, 2011 National Electronic Notarization Standards adopted by the National Association of Secretaries of State. For the purposes of this statement, the notary may rely on a vendor’s declaration that the technology does meet these standards” (OAR 160-100-0140[1][h]).
“An Oregon notary is not required to use a particular technology when notarizing electronically, but before they begin, they must first notify the Secretary of State that they intend to start notarizing electronically. Use the Electronic Notarization Notice form available online. OAR 160-100-0140 spells out the requirements for the notarization technology. In general, the notary is directed to use a kind of electronic notarization that conforms to the National Electronic Notarization Standards (NENS). The notarized document must be capable of being submitted to the Secretary of State in PDF format. An electronic notarization will still consist of an official stamp, a complete notarial certificate and the official electronic signature.
“For more information, please see the Corporation Division website. Consult with the vendor about the requirements before making any purchase of electronic notarial software, including electronic signature. Make sure the vendor meets the NENS and doesn’t just refer to E-SIGN and UETA” (NPG).
Remote Notarial Acts
Requirement: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the Secretary of State has established standards under subsection (8) of this section or ORS 194.360 for approval of communication technology or identity proofing, the communication technology and identity proofing used by the notary public must conform to those standards” (ORS 194.277[7]).
Application: “A notary public who wishes to perform notarial acts with respect to remote online notarization shall file the following information using the prescribed form with the Secretary of State before such notarization:
“(a) Commission name;
“(b) Commission number;
“(c) Public records address;
“(d) Email address;
“(e) Name of remote online notarization vendor(s);
“(f) Contact information for remote online notarization vendor(s);
“(g) Website for remote online notarization vendor(s);
“(h) Attached copy of electronic stamp and signature as generated by the remote online notarization vendor; and
“(i) A statement under penalty of perjury that the technology and method of remote online notarization meets the system requirements in this chapter. For the purposes of this statement, the notary may rely on a remote online notarization vendor’s declaration that the technology and method does meet these standards” (OAR 160-100-0146).Course: “A commissioned Notary Public may apply to the Secretary of State to perform remote online notarizations using communication technology after completing the required Remote Online Notarization training and receiving acknowledgment from the Secretary of State” (OAR 160-100-0146).
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Liability of Employer: “An employer of a notary public is liable to the notary public for all damages recovered from the notary public as a result of a violation of any provision of this chapter or any rule adopted by the Secretary of State…that was coerced by threat of the employer, if the threat, such as that of demotion or dismissal, was made in reference to the particular notarial act that was the subject of the action” (ORS 194.405[3]).
“An action under this section must be commenced within six years after the cause of action has accrued” (ORS 194.405[4]).
Changes of Status
Requirement: “A notary public must notify the Secretary of State within 30 days of any change in the information on file with the Secretary of State, including the notary’s:
“(a) Legal Name.
“(b) Official Signature.
“(c) Public Records Address.
“(d) Electronic notarization technology, in accordance with OAR 160-100-0140.
“(e) State of residency.
“(f) Place of employment or practice in Oregon, if not a resident” (OAR 160-100-0170[1]).
A “Notary Information Change” form is provided on the Secretary of State’s website for notification of a change in the Notary’s commission name, commission signature, postal or street address, fee waiver or email address. In addition, a “Termination of Notary Public Commission” form may be used by the Notary, or by the Notary’s personal representative, guardian, conservator or trustee, to notify the Secretary of State of a commission resignation or of the Notary’s death or adjudicated incompetency.Name Change: If the Notary has a legal change of name or a change of the official signature, he or she is required by law to notify the Corporation Division within 30 days (OAR 160-100-0170[1][a] and [b]). To perform the notification, a “Notary Information Change” form must be downloaded from the website, completed, notarized and returned to the Secretary of State’s office. There is no fee.
Address Change: “When a notary public has a change of their public contact address, the notary is required by law to notify the Corporation Division within thirty (30) days. Complete the online Notary Information Change form to update the information within 30 days. [OAR 160-100-0170(3)]. The public record address is available to the public in an online database, and can be a postal address or a street address” (NPG).
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Notarial Acts: Oregon Notaries are authorized to perform the following notarial acts (ORS 194.215[8] and 194.225[1]):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications on oath or affirmation;
Witness or attest signatures;
Certify or attest copies of documents or other items;
Make, note or record protests of negotiable instruments (ORS 73.0505 and 194.070);
“Any other act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state.”state” (ORS 194.215[8][g]).
In-Person Electronic Notarial Acts: Oregon Notaries who have notified the Secretary of State that they will be performing notarial acts on electronic records may perform any of the notarial acts listed above electronically.
Remote Notarial Acts: Oregon Notaries who have notified the Secretary of State that they will be performing notarial acts for remotely located individuals may perform any of the notarial acts listed above remotely.
Acknowledgments
Definition
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the person identified in the record” (ORS 194.215[1]).
In a Representative Capacity: “‘In a representative capacity’ means acting as:
“(a) An authorized officer, agent, partner, trustee or other representative of a person other than an individual;
“(b) A public officer, personal representative, guardian, conservator, trustee or other representative, in the capacity stated in a record;
“(c) An agent of or attorney-in-fact for a principal; or
“(d) An authorized representative of another in any other capacity” (ORS 194.215[6]).
Requirements: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual” (ORS 194.230[1]).
“The signer must personally appear, acknowledge that they willingly and knowingly signed the document, and the notary must identify the person as the one who did indeed sign. The signature may be made before, but not after, the notarization” (NPG).
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Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public described in ORS 194.375 or other person authorized to administer oaths by the law of the place where dishonor occurs” (ORS 73.0505[2]).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in ORS 73.0505” (ORS 194.230[5]).
“The protest may be made upon information satisfactory to that person. The protest must identify the instrument and certify that either presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (ORS 73.0505[2]).Limitations: “A notary public may protest commercial paper if the notary public is:
“(a) An officer or employee of a financial institution or trust company;
“(b) An officer or employee of an investment company;
“(c) An individual serving under the direct supervision of an officer or employee of a financial institution, trust company or investment company; or
“(d) An active member of the Oregon State Bar, or an individual serving under the direct supervision of an active member of the Oregon State Bar…. Each notary public who protests commercial paper shall take the actions required by ORS 73.0505” Bar” (ORS 194.375[1] and [2]).
“‘Commercial paper’ means instruments that are within the scope of ORS chapter 73, including drafts, checks, certificates of deposit and notes” (ORS 194.215[3]).
“Financial institution” and “trust company” have the respective meanings given in ORS 706.008; “investment company” means an entity registered as an investment company under federal law (ORS 194.375[4][b]).
The initial version of this law took effect on January 1, 2010, with the intent to restrict the performance of protests to Notaries who meet certain qualifications. In Oregon and in many other states, Notary protests have been used in recent years to harass public officials, including judges, corrections officers and law enforcement personnel. Further, certain individuals have illegally attempted to eliminate valid debt obligations on mortgages and the security interest on real property of mortgage lending institutions by filing fraudulent documents containing protests. In these scams, Notaries either knowingly or unknowingly served as “Notary Acceptors” on “claims of default” requiring a protest. This law attempts to counteract such unlawful uses of the notarial act of protest by limiting who may perform such acts.
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Notarial Acts
Requirement: In taking an acknowledgment or a verification upon oath or affirmation, or in witnessing or attesting a signature, a Notary must identify the signer either “from personal knowledge or satisfactory evidence of the identity of the individual” (ORS 194.230).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (ORS 194.240[1]).
Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
“(a) By means of:
“(A) A United States passport or an officially recognized passport of a foreign country, or a driver
license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or
“(B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual;
“(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of:
“(A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or
“(B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual; or
“(c) Positively by examination or comparison of official government documents or records if the individual is confined in a correctional facility” (ORS 194.240[2]).ID Cards: “Temporary forms of the Oregon Driver License (ODL) or Oregon Identity Card shall be considered equivalent to the Oregon Driver License before their expiration in the following manner:
”(a) An Instruction Permit will be satisfactory evidence in the same way as a permanent ODL or State ID card.
”(b) A Provisional Driver License will be satisfactory evidence in the same way as a permanent ODL.
”(c) A Hole-punched Driver License or Identity Card shall not be sufficient in itself, but may be used in
conjunction with the Interim Driver License or Identity Card to establish identity.
”(d) An Interim Driver License or Identity Card, which is good for no more than 30 days…may be used by itself or in addition to the Hole-punched Driver License or Identity Card. The Interim Driver License or Identity Card may only be so used while it is unexpired.
”(e) A Limited Term Driver License or Identification Card, given to people temporarily in the United States, is noted by the words “Limited Term” in the bottom right corner of the ID and an expiration date between 1-8 years after the issuance date. A Limited Term ID will be satisfactory evidence in the same way as a permanent ODL, or State ID card” (OAR 160-100-0700[1]).
“‘United States passport’ means a U.S. passport and a U.S. passport card issued by the U.S. Department of State” (OAR 160-100-0700[2]).Incarcerated Persons: “If a person is confined in a correctional facility and needs to have documents notarized, identification used to identify the incarcerated person shall be the ID that is used in the facility to positively identify an inmate through examination or comparison of official government documents or records” (NPG).
Matricula Consular ID: “Several Latin American countries, particularly Mexico, are allowing their consulates to issue matricula consular ID to their citizens in the United States, or issue the matricula consular ID to those who come to the U.S. Oregon does not recognize matricula consular ID. We’ve been advised by our Deputy Attorney General that Oregon notarial law sets out an exclusive list of “Identification Documents” a notary may rely on in verifying the identity of a person. That list does not include matricula consular ID” (NPG).
Credible Witness: A credible witness should be “honest, competent, and impartial” (NPG).
“There will be two journal entries when using a credible witness. One entry for the credible witness, (and) one entry for the person without ID who is having a document notarized” (NPG).Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to confirm the identity of the individual” (ORS 194.240{3]). This means information or credentials in addition to “personal knowledge,” as defined in ORS 194.240(1), or “satisfactory evidence,” as defined in ORS 194.240(2[3]).
Remote Notarial Acts
Definition: “‘Identity proofing’ means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (ORS 194.277[1][c]).
Requirement: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
“(a) The notary public:
“(A) Has personal knowledge under ORS 194.240 (1) of the identity of the remotely located individual;
“(B) Has satisfactory evidence of the identity of the remotely located individual by a verification on oath or affirmation from a credible witness appearing before and identified by the notary public as a remotely located individual under this section or in the physical presence of the notary public under ORS 194.240 (2); or
“(C) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;” (ORS 194.277[3][a]).Credential Analysis: “Credential analysis must be provided by a reputable third-party remote online notarization vendor or software tool that can demonstrate proven credential analysis processes and shall employ technology that provides the following:
“(a) The signer’s identity must be linked to the signer following successful knowledge-based authentication; and
“(b) Remote online notarization shall provide for human visual comparison between the signer and the signer’s identification presented to the notary.
“(3) Remote online notarization providers shall use an automated software process to aid the notary in verifying each signer’s identity.
“(a) The identification shall pass an authenticity test that:
“(A) Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;
“(B) Uses appropriate technologies to confirm that the identification is not fraudulent or inappropriately modified;
“(C) Uses information held or published by the issuing source or authoritative source, as available, to confirm the validity of the identification details; and,
“(D) Provides the result of the authenticity test to the notary.
“(b) The credential analysis procedure shall enable the notary to visually compare the following for consistency:
“(A) The information and photo on the identification image presented; and
“(B) The signer as viewed by the notary in real time through the audio/video system.
“(c) If the notary public is unable to validate the identification of the signer, or to match the signer’s physical features with the credential, the notary public shall not complete the notarial act.
“(d) The identification shall meet the requirements of ORS 194.240.
“(e) All identification images necessary to perform visual inspection and credential analysis shall be captured and the notary shall confirm that:
“(A) The signer is in possession of the identification at the time of the notarial act;
“(B) The identification images submitted for credential analysis have not been manipulated; and
“(C) The identification images match the identification in the signer’s possession.
“(f) The following general principles shall be considered in the context of image resolution:
“(A) Image resolution shall be sufficient for the issuing source or authoritative source to perform credential analysis per the requirements above; and
“(B) Image resolution shall be sufficient to enable visual inspection by the notary, including legible text and clarity of photographs, barcodes, and other identification features” (OAR 160-100-0805[2] and [3]).Knowledge-Based Authentication: “Knowledge-based authentication procedure must meet the following requirements:
“(a) Each signer must answer questions and achieve a passing score. The procedure must include:
“(A) Five multiple choice questions, drawn from public or private data sources.
“(B) A minimum of five possible answer choices per question.
“(C) Require that 80% of the questions are correctly answered within two minutes by the signer.
“(b) Each signer is to be provided a reasonable number of attempts per signing session.
“(A) If a signer fails their first quiz, they may attempt up to two additional quizzes within 48 hours from the first failure.
“(B) During any quiz retake, a minimum of 40% (2) of the prior questions shall be replaced” (OAR 160-100-0805[4]).Biometrics: “If biometric sensing technologies are used for remote online notarization in the areas of authentication, credential analysis, and identity proofing verification may include facial, voice, and fingerprint recognition” (OAR 160-100-0805[5]).
Restarting Identity Verification: “If a signer exits the notarial act during the notarial act, they shall restart the credential analysis and knowledge-based authentication workflow from the beginning” (OAR 160-100-0805[5]).
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Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
“(a) The individual executing the record is competent or has the capacity to execute the record;
“(b) The individual’s signature is knowingly and voluntarily made; or
“(c) The individual has provided sufficient information or identification credentials necessary to confirm the identity of the individual” (ORS 194.215245[1]).
“The main function of the notary is to witness a legal proceeding. The notary may refuse to notarize if not satisfied of the willingness, competence or capacity, and identity of the signer” (NPG).
“The notary, by the act of notarizing, declares that the signer did so freely and willingly. This can be especially important when people who are easily victimized must sign legal documents; i.e., minors, the infirm, and non-English speaking individuals.
“The notary must make a judgment that the signer is aware of what they are signing. If the notary is questioning the awareness of the signer, the notary can engage in normal conversation with the individual. After a few minutes, it should be apparent if he or she is incoherent, disoriented, or otherwise incapacitated. When in doubt, the notary can get the opinion of a doctor or an attorney” (NPG).General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than sections 1 to 50 of this 2013 Act” (ORS 194.245[2]).
Always Notarize?: “A notary is not always required to notarize. In fact, when you are in doubt because something appears fraudulent (the ID looks fake), or some other aspect of the notarization appears amiss, you should not notarize. However, if it is merely discomfort because you are not familiar with the particular type of act, such as certifying to a copy, then you should consult either with a more experienced notary, or call the Corporation Division at (503) 986-2200.
“It is your responsibility to maintain your expertise, since you are commissioned for all the permitted acts and not a specialty” (NPG).Discrimination: “[Y]ou must be careful not to pick and choose whom you will notarize for, or you may be subject to a civil action for discrimination. At this time, notaries may be required by their employer to notarize only for customers of that employer, if that is the employer’s consistent policy and is not discriminating against a protected class” (NPG).
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Prohibition: “A notary public may not engage in false or deceptive advertising” (ORS 194.350[2]).
Misrepresentation: “A notary public, other than an attorney licensed to practice law, may not advertise or represent that the notary public may assist persons in drafting legal records, give advice on legal matters or otherwise practice law” (ORS 194.350[4][a]).
Use of ‘Notario’: “A notary public, other than an attorney licensed to practice law, may not use the term ‘notario’ or ‘notario publico’” (ORS 194.350[3]).
Mandatory Notice: “If a notary public who is not an attorney licensed to practice law advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public shall include in the advertisement or representation, the following:
“(A) A statement, or an alternate statement authorized or required by the Secretary of State, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law, I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities’;
“(B) The fees for notarial acts specified under section 42 of this 2013 Act” (ORS 194.350[4][b]). “If the advertisement or representation is not in the form of broadcast media, print media or the Internet and does not permit inclusion of the statement required by this subsection because of size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (ORS 194.350[4][cb]).
Dishonesty, Fraud or Deceit
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Acknowledgment for Signature by Proxy (NPG) State of OREGON Signed and acknowledged before me on __________(date) by ___________(name of individual Signature affixed by __________(name of third party signer) at the direction of ___________(name of individual unable to sign). ____________(Signature of Notarial Officer) |
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Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) to (3) of this section and:
“(a) Is in a short form set forth in section 15 of this 2013 Act;
“(b) Is in a form otherwise permitted by the law of this state;
“(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 4, 5 and 6 of this 2013 Act or law of this state other than sections 1 to 50 of this 2013 Act” (ORS 194.280[4]).Remote Notarial Acts: “A short form certificate provided in ORS 194.285 for a notarial act subject to this section is sufficient if it:
“(a) Complies with rules adopted under subsection (8)(a) of this section; or
“(b) Is in the form provided in ORS 194.285 and contains a statement substantially as follows: “This notarial act involved the use of communication technology’” (ORS 194.277[5]).
Executing a Certificate
“By executing “(5) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 3, 4, 5 and 6 of this 2013 Act” ORS 194.225, 194.230, 194.235 and 194.240” (ORS 194.280[5]).
NOTE: Sections 3, 4, 5 and 6 ORS 194.225, 194.230, 194.235 and 194.240 relate respectively to: the prohibition against notarizing when the notarial officer or the officer’s spouse has a direct beneficial interest in the document; to the requirements for performing acknowledgments, verifications on oath or affirmation, signature witnessings, copy certifications, and protests; to and the requirement that each signer to appear in person before the notarial officer; and to the guidelines for identifying document signers.”
Security of Certificate
“If a notarial act is performed regarding a tangible record, a certificate of a notarial act must be part of or securely affixed to the record. If a notarial act is performed regarding an electronic record, the certificate must be attached to or logically associated with the electronic record. If the Secretary of State by rule has established standards pursuant to ORS 194.360 for affixing, attaching or logically associating the certificate, the process must conform to the standards” (ORS 194.280[7]).
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Securing Certificates: “Because a loose certificate is not an integral part of a document, it is very important to guard against its fraudulent use. The object is to make sure that the certificate may be used with one, and only one, particular document” (NPG).
The following steps for non-electronic documents are suggested by the state in the “Oregon Notary Public Guide”: “Any notarial wording on the document itself that the certificate is replacing should be crossed out and the words ‘SEE ATTACHED NOTARIAL CERTIFICATE’ should be typed or written on the page.
“● Staple the full page certificate after the signature page, so that a recorder can easily film the certificate in sequence with the signature that goes with it.
“● On the certificate itself, the document’s date, type, and the number of pages should be noted at the bottom of the certificate, e.g., ‘Attached to declaration, signed by John Hancock on July 4, 1776, two pages.’
“● Write in the notarial journal, ‘used loose certificate’ or ‘attached certificate.’
“● You can use the notary stamping device to guard against fraudulent certificate use. Affix the impression so that it rests partly on the certificate and partly on the signer’s page, but make sure that the stamp does not obscure any writing or signatures on either paper. Make sure a whole impression is also on the certificate, so that an auditor can compare the divided impression to the whole.
“Attach the certificate yourself; don’t allow someone else to do it. Sometimes a client will call later and ask for a ‘corrected certificate.’ If there is a mistake, the document, and often the signer, will have to reappear before you. An unattached certificate is like a blank check; you could be liable for its misuse.”Same Page: “All of the components of the notarial certificate must be on the same page, and the same side of the page” (NPG).
Document Description Section: The Secretary of State’s sample certificates at the end of the “Notary Public Guide” include a section at the bottom Notary Public Guide︿for reading that reads as follows: “This certificate is attached to page ____ of a _______________ (title or type of document), dated _____________, 20 ___, consisting of ______ pages” (website, “Resources and Aids to Notarization”).pages.”
Filling Extra Certificate Space
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Notarial Acts
Inked Stamp: “The official stamp of a notary public must … [b]e a legible imprint capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (ORS 194.290[21][b]).
Ink Color: “The notary’s stamp imprint … may be in any color of ink that is easily reproducible; black and dark blue are recommended, but any dark color is permissible” (NPG).
Components: An Oregon Notary Public’s official stamp must contain the following elements, which must be “reasonably legible” when stamped on a document (OAR 160-100-0100[1]):
Oregon state seal, as described in ORS 186.020;
The following words, in descending order, centered to the right of the Oregon state seal (OAR 160-100-0100[1][b]):
a. “Official Stamp”;
b. Name of Notary;
c. “Notary Public — Oregon”;
d. “Commission No.” immediately followed by the commission number;
e. “My Commission Expires” immediately followed by the Notary’s commission expiration date (month-day-year), e.g., November 03, 2021, with the month (spelled out completely), two digits used for the date, and the complete year unabbreviated, using four digits.
In-Person Electronic Notarial Acts: “The official stamp of a notary public on an electronic record shall contain:
”(a) The printed name of the notary public;
”(b) The words ‘Notary Public — Oregon’;
”(c) The words ‘Commission No.’ immediately followed by the notary public’s commission number;
”(d) The words ‘My Commission Expires’, immediately followed by the notary public’s commission expiration date, expressed in terms of the month (spelled out), two-digit date, and complete year” (OAR 160-100-0100[3]).Remote Notarial Acts: The requirements for the format of the electronic seal for use in performing in-person electronic notarial acts apply to Notaries Public who perform remote notarial acts.
Notarial Officers other than Notaries Public are not authorized to perform remote notarial acts under Oregon law.
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Purchasing an Official Stamp
New Commission: Upon receiving a new commission, the Notary will receive an email from the Secretary of State’s office with PDF attachment files, including the Commission Certificate and the Certificate of Authorization. The Certificate of Authorization must be presented to a stamp manufacturer in order to purchase a Notary stamp. “The notary may take, or send via electronic means, the Certificate of Authorization to a maker of rubber stamps. The notary may have more than one stamp made…The notary will (no longer) return the Certificate of Authorization with an impression to our office…” (website, “2013 Notary Updates”A stamp … may be purchased online or from many office supply stores. Regardless of where you purchase them, you are responsible for making sure that they are formatted correctly according to the law (OAR 160-100-0100 for the stamp …). The vendor from whom you purchase your stamp is legally required to request your certificate of authorization in order to verify that you are a commissioned notary. If the vendor does not require your certificate, do not purchase from that vendor” (NPG).
Name Change: The Notary must notify the Corporation Division of a name change within 30 days through completion and submission of a “Notary Information Change” form. This will result in issuance of a new Commission Certificate and Certificate of Authorization, authorizing purchase of a stamp bearing the new name and a modified commission number, with a new letter prefix. Replacement of a stamp that has been lost, stolen or broken also necessitates a new modified commission number.
Legibility of Official Stamp
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Certificate of Authorization: “This certificate provides the specifications for making the official notary stamp. Information includes the commission name, notarial commission number and expiration date of the notary public’s commission. [OAR 160-100-0125] The vendor (maker) of the stamp may return this form to you. If the vendor (maker) does not require this certificate in order to have your stamp made, the stamp may be deemed invalid and in turn notarizations may be deemed invalid. Please DO NOT return this form to the Corporation Division. This form is for your records should you need to have another stamp made” (NPG).
Legibility of Official Stamp
“A notary public shall use the notary public’s official stamp
“(a) For a tangible record, by placing a legible imprint of the official stamp on a notarial certificate at the time of the performance of the notarial act” (OAR 160-100-0110[2][a]).
“A notary public shall not place an imprint of the notary public’s official stamp over any signature in a record to be notarized or in a notarial certificate, or over any writing in a notarial certificate” (OAR 160-100-0110[3]).
Mylar Plat Maps
“The imprint of the official stamp of a notary public is not required to effectuate a notarization of a subdivision or partition plat Illegible or Smudged Stamp: “ If your stamp is smudged so that it is illegible or is obscured by lines or other graphics on the page, initial the first attempt and re-stamp as close as possible to the certificate” (NPG).
Placement of Official Stamp
“To be recordable, the notary stamp, certificate, and the notary’s signature should be close enough to be contained on one microfilm image. That is one reason the certificate cannot be on the front side of the signature page and the stamp on the back. Many times, however, the stamp cannot be placed adjacent to the certificate and signature, but it will fit in the margin. Indicate the stamp’s position in the space provided for the stamp (e.g., 'See notary stamp in left margin).
“If there is no space on the signature page, line out the certificate and attach a loose certificate. Some agencies may have trouble with an attached certificate. When in doubt, always check with the receiving agency” (NPG).
Stamping Device as Security Device
“When a notarial certificate is on a separate piece of paper attached to the tangible record to be notarized, or when there are attachments to the tangible record to be notarized, a notary public may use one additional imprint of the notary public’s official stamp to mark for identification the tangible record or attachment, if the imprint does not make any part of the record or attachment illegible. The additional stamp will be partially stamped on the notarial certificate, and partially on the record or attachment to the notarized record” (OAR 160-100-0110[4]).
“You can use the notary stamping device to guard against fraudulent certificate use. Affix the impression so that it rests partly on the certificate and partly on the signer’s page, but make sure that the stamp does not obscure any writing or signatures on either paper. Make sure a whole impression is also on the certificate, so that an auditor can compare the divided impression to the whole” (NPG).
Mylar Plat Maps
“The imprint of the official stamp of a notary public is not required to effectuate a notarization of a subdivision or partition plat required under ORS 92.010 to 92.192 or a condominium plat required under ORS 100.115, or any replat, supplement or amendment thereto, if the following appear below the notary public’s signature:
“(a) The printed name of the notary public;
“(b) The words “NOTARY PUBLIC – OREGON”;
“(c) The words “COMMISSION NO.” immediately followed by the notary public’s commission
number; and
“(d) The words “MY COMMISSION EXPIRES” immediately followed by the date the notary public’s commission expires, expressed in terms of the month, by name not abbreviated, two-digit date and four-digit year” (ORS 194.280[8]).
Additional Stamp Imprint
“When a notarial certificate is on a separate piece of paper attached to the tangible record to be notarized, or when there are attachments to the tangible record to be notarized, a notary public may use one additional imprint of the notary public’s official stamp to mark for identification the tangible record or attachment, if the imprint does not make any part of the record or attachment illegible. The additional stamp will be partially stamped on the notarial certificate, and partially on the record or attachment to the notarized record” (OAR 160-100-0110[4]).
Multiple Stamps
An Oregon Notary may possess and use more than one stamp in performing notarial acts. “You are responsible for securing the stamp(s) from tampering or fraudulent use” (website, “2013 Notary Updates”).
in terms of the month, by name not abbreviated, two-digit date and four-digit year” (ORS 194.280[8]).
Ownership of Stamping Device
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“A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device in performing a notarial act” (ORS 194.295[1]).
“The … stamping device … should be kept in a secure location accessible only to the notary” (NPG).
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Use of Official Stamp
For Notarial Acts Only: “A notary public shall not use the notary public’s official stamp for any purpose other than to perform a notarial act” (OAR 160-100-0110[5]).
By the Notary Only: “A notary public shall not permit any other person to use the notary public’s official stamp for any purpose” (OAR 160-100-0110[6]).
No Other Notary’s Stamp: “A notary public shall not use any other notary public’s official stamp or any other object in lieu of the notary public’s official stamp to perform a notarial act” (OAR 160-100-0110[7]).
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In Addition to Official Stamp: “(1) A notary public may use an embosser in the performance of a notarial act but only in addition to the notary public’s official stamp.
“(2) A notary public shall not place the embossment over any signature in a record to be notarized, or in a notarial certificate or over any writing in a notarial certificate.
“(3) When a notarial certificate is on a separate piece of paper attached to the record to be notarized or when there are attachments to the record to be notarized, such as pictures, a notary public may use an embossment to mark for identification the record or attachment, if the embossment does not make any part of the record or attachment illegible.
“(4) A notary public shall not use any other notary public’s embosser or any other object in lieu of the notary public’s official stamp to perform a notarial act” (OAR 160-130-0130).Elements: There are no current OAR format specifications for the optional Notary embosser, but former specifications prescribed a format as follows: two concentric circles, each formed by a continuous or intermittent line, with the outer circle not less than one and one-half inches and not more than two inches in diameter; the name of the Notary was centered at the top between the two circles, with “STATE OF OREGON” centered at the bottom between the two circles, and the word “NOTARY’ above the word “PUBLIC” centered within the inner circle.
Notary Signature
Contemporaneous with Notarial Act: “A notarial officer may not affix or attach the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (ORS 194.280[6]).
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Journal
Notarial Acts: Required.
“Except as provided in subsection (11) of this section, a notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (ORS 194.300[1]).
Before enactment of the RULONA, Notaries were allowed to maintain only one journal at a time. Now, “one or more journals” may be maintained, though each must be kept in chronological order (website, “2013 Notary Updates”).In-Person Electronic Notarial Acts: Required (ORS 194.300[1]).
Remote Notarial Acts: Required.
“Actions completed as part of a remote online notarization act must be recorded in an electronic notary journal, which may be provided by the remote online notarization vendor” (OAR 160-100-0210[5]).Exceptions: “A notary public may, but is not required to, record in a journal any information about the following notarial acts performed by, or documents notarized by, the notary public:
“(a) Recording a protest of commercial paper required under section 34 of this 2013 Act;
“(b) Administering an oath or affirmation;
“(c) Certifying or attesting a copy of a document;
“(d) Taking an affidavit;
“(e) Verifying a billing statement for media advertising; and
“(f) Taking a verification upon oath or affirmation” (ORS 194.300[1811] and OAR 160-100-0230).
“The two notarial acts that are required to be recorded in the notarial journal are witnessing a signature and acknowledgment (individual and representative capacitysignature and acknowledgment (individual and representative capacity).
“However, the Secretary of State recommends that all notarial acts be recorded in the journal” (NPG).
Recording of Remote Notarial Acts: Required.
“A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act” (ORS 194.277[3][c]).
“The audio/video recording shall:
“(a) Include the person-to person interaction required as part of the notarial act;
“(b) Be logically associated to the electronic notary journal;
“(c) Be capable of being viewed and heard using broadly available audio/video players” (OAR 160-100-0855[6]).
“The transaction documents executed in the remote online notarization act shall not be recorded as part of the video recording” (OAR 160-100-0855[7]).
“However, the Secretary of State recommends that all notarial acts be recorded in the journal” (NPG).Record of Protests: “Each notary public described in ORS 194.380 shall keep a record of all protests of commercial paper made by the notary public under ORS 73.0505. The record is competent evidence to prove notice of dishonor for purposes of ORS 73.0505” (ORS 194.390). A Notary may protest commercial paper if that Notary is:
”(a) an officer or employee of a financial institution or trust company;
”(b) an officer or employee of an investment company;
”(c) an individual serving under the direct supervision of an officer or employee of a financial institution, trust company or investment company; or
”(d) an active member of the Oregon State Bar, or an individual serving under the direct supervision of an active member of the Oregon State Bar (ORS 194.375[1]).OAR 160-100-0855[7]).Record of Protests: “Each notary public described in ORS 194.380 shall keep a record of all protests of commercial paper made by the notary public under ORS 73.0505. The record is competent evidence to prove notice of dishonor for purposes of ORS 73.0505” (ORS 194.380). See ORS 194.375(1) for the Notaries Public who are authorized to perform commercial protests..
Journal Format
Tangible or Electronic: “A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, regardless of whether those notarial acts are performed for tangible or electronic records” (ORS 194.300[2]).
“A notary may record electronic acts in a paper notarial journal, an electronic notarial journal, or both (OAR 160-100-0210[1]).
“The notarial journal may be in electronic or paper format. If the notary has more than one journal, they can have them in either format or both” (NPG).Tangible Journal: “If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages” (ORS 194.300[2]).
“The cover and pages inside the cover shall be bound together by any binding method that is designed to prevent the insertion or removal of the cover or a page…. Each page shall be consecutively numbered from the beginning to the end of the journal…. Each line (or entry if the journal is designed with numbered entry blocks) shall be consecutively numbered from the beginning to the end of the page…A page… A line or entry number shall be preprinted” (OAR 160-100-0200[1] through [3]).Electronic Journal: “If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the Secretary of State” (ORS 194.300[2]).
Entries from the electronic notarial journal must be available upon demand by the Oregon Secretary of State in a PDF format.
“Although an electronic journal may be more convenient for electronic notarizations, there is no requirement to use one. It is just as permissible and as easy to use a paper journal for electronic notarizations. Similarly, notarizations using paper may be noted in an electronic journal. If a notary does only an occasional electronic notarization, then it might make more sense to keep all notarizations in the same journal, regardless of media” (NPG).
“The notary must ensure that records of remote online notarizations are retained in compliance with ORS 194.300” (OAR 160-100-0215[1]).
“Records of a remote online notarization shall be maintained electronically in devices that are capable of recording the information required by OAR 160-100-0210 and OAR 160-100-0850” (OAR 160-100-0215[2]).
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Required Entries: “An entry in a journal…must contain the following information:
“(a) The date and time of the notarial act;
“(b) A description of the record, if any, and type of notarial act;
“(c) The full name and contact address of each individual for whom the notarial act is performed;
“(d) If identity of the individual is based on personal knowledge, a statement to that effect;
“(e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of expiration of any identification credential;
“(f) The signature of each individual for whom the notarial act is performed; and
“(g) The fee, if any, charged by the notary public” (ORS 194.300[3]).
“(2) The entry requirements set out in Section 18(3), chapter 219, Oregon Laws 2013 shall apply also to the electronic notarial journal.
“(3) In “Each entry in any electronic journal shall meet the requirements under ORS 194.300” (OAR 160-100-0210[6]).
“In an electronic notarial journal, the signature of the signer must be:
“(a) Attached to or logically associated with the electronic journal.
“(b) Linked to the data in such a manner that any subsequent alterations to the electronic notarial journal are detectable and may invalidate the electronic journal entry” (OAR 160-100-0210[2]-[3]).Recommended Entries: The “Oregon Notary Public Guide” also recommends that the date of the document notarized be included under “a description of the record”; and that “other pertinent information” be included in the journal entry, including “(u)nusual circumstances, such as power of attorney, reasons for refusal to notarize; corrections made to notarial certificate; representative authority (example: President of ABC Company); etc” (NPG).
Prohibited Entries: “Do not record personal numbers such as a driver license, SSN or passport numbers in your journal” (NPG).
Shortcuts for Duplicate Originals: “If a notary public performs notarial acts involving duplicate originals of a single statement or document for the same individual on the same date, the notary public may, in lieu of recording individually in the journal the information required by subsection (3) of this section for each duplicate original, record a single entry in the journal for all notarial acts involving the statement or document. The entry shall set forth all the information required by subsection (3) of this section and the total number of duplicates of the statement or document notarized” (ORS 194.300[4][a]).
Shortcuts for Non-Duplicates: “If a notary public performs notarial acts involving different statements or documents for the same individual on the same date, the notary public may, in lieu of recording individually in the journal the information required by subsection (3) of this section for each statement or document, record a single entry in the journal for all notarial acts involving the statements or documents. The entry shall set forth the number of statements or documents and the information required by subsection (3)(c) to (g) of this section and for each statement or document the information required by subsection (3)(a) and (b) of this section. If there are duplicate originals of any statement or document, the entry shall set forth the total number of duplicates of the statement or document notarized” (ORS 194.300[4][b]).
Reference to Prior Entry: “If a notary public performs notarial acts involving more than one statement, signature or document for the same individual but not on the same date, the notary public may, in lieu of recording individually in the journal the information required by subsection (3)(c) to (e) of this section for each notarial act performed for that individual, record a reference to a prior entry in the notarial journal for that person. The reference shall identify the page and line numbers of the prior entry. The prior entry shall set forth the information required by subsection (3)(c) to (e) of this section” (ORS 194.300[4][c]).
Ditto Marks, Diagonal Lines: “If a notary notarizes different statements or documents for the same person on the same date, the notary public may fill out separate journal entries and, where the information is the same, may use ditto marks to indicate the same information that is carried over. The signer does not need to sign separate journal entries. The notary may draw a diagonal line across the signature area and have the signer sign on the line” (NPG).
Exclusive Use of Journal
“A notarial journal may not be shared. Each notary public must keep and maintain their own notarial journal; sharing an ‘office’ journal is not allowed” (NPG).
Lost or Stolen Journal
“If a notary public’s journal is lost or stolen, the notary public shall notify promptly the Secretary of State on discovering that the journal is lost or stolen” (ORS 194.300[5]).
“If your journal is lost, misplaced, destroyed, stolen, or otherwise unusable you can download the ‘Missing Stamp, Certificate or Journal’ form from our website; fill it out and mail it to our office within ten (10) days.
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line” (NPG).
Data Required in Front of Journal
Required Information: “A notarial journal of a notary public shall contain on the inside of the front cover or on the first page the following information in any order:
“(a) The name of the notary public;
“(b) The notary public’s commission number;
“(c) The notary public’s commission expiration date;
“(d) The notary public’s residence or business street or mailing address;
“(e) The earliest date the journal may be destroyed, which shall be ten years after the date of the last act chronicled in the journal;
“(f) One of the following statements:
“(A) That, in the event of the decease of this notary public, the journal shall be delivered or mailed to the Secretary of State; or
“(B) That, in the event the notary public has entered into a written agreement with his/her employer pursuant to OAR 160-100-0360, the date such written agreement was entered into, the name and address of the employer and instructions that the journal shall be delivered or mailed to the employer in the event of the decease of the notary public.
“(g) the meaning of any not commonly abbreviated word or symbol used in recording a notarial act in the notarial journal;
“(h) The signature of the notary public;
“(i) At the respective time of entry, the dates of the first and last notarial acts recorded in the notarial journal” (OAR 160-100-0200[4]).Changes of Information: “The information contained in the front of the notarial journal must be kept current” (NPG).
“If a notary public’s name, commission number, commission expiration date, or address that is written in the notarial journal changes before the notary public ceases to use the notarial journal, the notary public shall draw a single line through the old information and write the new information to the side of the old information” (OAR 160-100-0200[5]notary public shall contain on the inside of the front cover or on the first page the following information in any order:
“(a) The name of the notary public;
“(b) The notary public’s commission number;
“(c) The notary public’s commission expiration date;
“(d) The notary public’s residence or business street or mailing address;
“(e) The earliest date the journal may be destroyed, which shall be ten years after the date of the last act chronicled in the journal;
“(f) One of the following statements:
“(A) That, in the event of the decease of this notary public, the journal shall be delivered or mailed to the Secretary of State; or
“(B) That, in the event the notary public has entered into a written agreement with his/her employer pursuant to OAR 160-100-0360, the date such written agreement was entered into, the name and address of the employer and instructions that the journal shall be delivered or mailed to the employer in the event of the decease of the notary public.
“(g) the meaning of any not commonly abbreviated word or symbol used in recording a notarial act in the notarial journal;
“(h) The signature of the notary public;
“(i) At the respective time of entry, the dates of the first and last notarial acts recorded in the notarial journal” (OAR 160-100-0200[4]).Changes of Information: “The information contained in the front of the notarial journal must be kept current” (NPG).
“If a notary public’s name, commission number, commission expiration date, or address that is written in the notarial journal changes before the notary public ceases to use the notarial journal, the notary public shall draw a single line through the old information and write the new information to the side of the old information” (OAR 160-100-0200[5]).
Exclusive Use of Journal
“A notarial journal may not be shared. Each notary public must keep and maintain their own notarial journal; sharing an ‘office’ journal is not allowed” (NPG).
Lost or Stolen Journal
“If a notary public’s journal is lost or stolen, the notary public shall notify promptly the Secretary of State on discovering that the journal is lost or stolen” (ORS 194.300[5]).
“If your journal is lost, misplaced, destroyed, stolen, or otherwise unusable you can download the ‘Missing Stamp, Certificate or Journal’ form from our website; fill it out and mail it to our office within ten (10) days.
“You will need to purchase another journal to continue with your notarial duties” (NPG).
Security of Journal
“The records of a notary public shall remain within the exclusive control of the notary public at all times” (OAR 160-100-0215[1]).
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Commission Expiration, Resignation or Suspension: On “On expiration of, resignation from, or suspension of, a Notary Public’s notary public’s commission, the Notary must notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal notary public’s journal in accordance with subsection (1) of this section” (ORS 194.300[6]).
“The notary public shall keep the journal for 10 years after the last act noted in the journal. ORS 194.300(1). However, because it is the only record of the notarization and because the statute of limitations is uncertain, the Secretary of State encourages longer storage, particularly if the documents that were notarized have a longer lifespan than 10 years. For example, wills, financial documents, mortgages and other recorded real property papers may be active records for decades” (NPG).Employer Retention: “A notary public who is an employee may enter into an agreement with the employer under which the journal or journals of the notary public are retained by the employer upon termination of employment” (ORS 194.300[10]).
“If a journal agreement has been signed, the notary shall hand the journal over to the employer and the notary shall retain a copy of the journal agreement, which may be examined by the Secretary of State upon request (OAR 160-100-0360). A copy of the journal agreement may be sent to the Secretary of State’s office” (NPG). Under terms of the agreement, the employer must retain the Notary’s records for a period of not less than 10 years after the date of the last act chronicled in the journal (OAR 160-100-0360[3]).Recordings: “A notary public, a guardian, conservator, trustee or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection (3)(c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of this section, the recording must be maintained for a period of at least 10 years after the recording is made” (ORS 194.277[6]).
“Records of a remote online notarization must be retained in a safe and secure manner for ten years following the date of the notarization. Records must be available to the Secretary of State upon request” (OAR 160-100-0855[4]).Repositories: “A remote online notary public may contract with a remote online notarization vendor to provide such storage if the remote online notarization vendor:
“(a) has provided reasonable evidence to the remote online notary public that it is capable of providing such services; and
“(b) provides complete access to the remote online notary public of all the remote online notary’s records for an agreed period of time. If the contract between the remote online notary public and the remote online notarization vendor is terminated, all records must be transferred to the remote online notary public” (OAR 160-100-0215[3]).
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A Notary Public may charge an additional fee for traveling to perform a notarial act if: (a) the Notary explains to the person requesting the notarial act that the fee is in addition to the allowed statutory fee and is not set by law, and (b) the person requesting the notarial act agrees in advance upon the amount of this additional fee (ORS 194.400[2]).
Posting Fees
Schedule of Fees: Notaries who charge must display in their place of business an English-language schedule of the maximum fees allowed by law for notarial acts (ORS 194.400[3]).
Conspicuously Posted: The schedule of fees must be posted in a conspicuous location in the Notary’s place of business. Alternatively, a copy of the schedule of fees must be given to each signer to read before the notarization is performed (OAR 160-100-0410).
Advertisements: Any ads for notarial services by a non-attorney Notary must include a schedule of the maximum fees for notarial acts allowed by Oregon law (ORS 194.350[4]).
Waiving Fees
Statement Waiving Fees: “Each notary public may file with the Secretary of State a statement waiving the fees specified under ORS 194.400. If a notary public files the statement waiving the fees, the office of that notary public is not considered a lucrative office” (ORS 194.315[6]).
“A notary public may file with the Secretary of State a Notary Information Change form waiving the right to charge a notary fee. A waiver of fees is recommended for public officials who are also notaries, so that they may avoid holding ‘more than one lucrative office’ (Article II, sec. 10, Oregon Constitution) and be exempted from the need to post a fee schedule. If a waiver is filed, the notary shall not charge, attempt to charge, or receive any notary fee for a notarial act performed after the date the notary filed the statement of waiver. OAR 160-100-0420. However, a public agency may charge the notary fees directly.
“To resume charging for notarizations, the notary public must send the Secretary of State, Corporation Division a letter to rescind the waiver of fees, or they may file the online Notary Information Change through our website” (NPG).
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“A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity” (ORS 194.400[4]).
“A public body as defined in ORS 174.109 may collect the fees…for notarial acts performed in the course of employment by notaries public who are employed by the public body” (ORS 194.400[5]).
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“The Secretary of State shall collect $10 $ 10 per notarial act performed by a notary public employed by the Secretary of State (Corporation Division) during the course of that person’s persons employment. Notarial acts performed by the employee outside of the course of employment shall be subject to OAR 160-100-0400 through 0420” (OAR 160-005-0008).
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Document Formatting: “Except as provided in ORS 205.327, a county clerk shall not accept any instrument for recording unless the text of the instrument is typed, written or printed in 810-point type or larger on paper that is not larger than 14 inches long and 8-1/2 inches wide and which paper is of sufficient quality for recording photographically. However, this section does not apply to out-of-state notarial acts or to certified copies of public records presented to a county clerk for recording” (ORS 205-232).
Execution and Acknowledgment: “Except as otherwise provided by law, deeds executed within this state, of lands or any interest in lands therein, shall be signed by the grantors and shall be acknowledged before any judge of the Supreme Court, circuit judge, county judge, justice of the peace or notary public within the state. No seal of the grantor, corporate or otherwise, shall be required on the deed” (ORS 93.410).
“Every conveyance acknowledged, proved or certified in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof and is entitled to be recorded in the county where the land is situated” (ORS 93.480).Original Signature: “Except as provided in subsections (2) and (3) of this section, if an instrument presented for recording conveys an interest in real property and is required by law to be acknowledged or proved, a county clerk may not record the instrument unless the instrument contains the original signatures of the persons executing the instrument and the original signature of the officer before whom the acknowledgment was made” (ORS 93.804[2]).
NOTE: Sections (2) and (3) of ORS 93.804 relate to electronic records.
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