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Last Update:

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November 26, 2024

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1. Applicable Law

   1. Uniform Electronic Transactions Act: Oregon has adopted its own version of the Uniform Electronic Transactions Act (ORS 84.001 through 84.061), including the provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (ORS 84.031).

   2. Revised Uniform Law on Notarial Acts: Oregon has enacted the Revised Uniform Law on Notarial Acts (RULONA) provisions regarding notarizations of electronic records. These provisions are summarized below.

   3. Oregon Administrative Rules, Chapter 160, Division 100: Rules implementing the RULONA provisions regarding notarizations of electronic records were adopted by the Oregon Secretary of State. These rules are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Tamper-Evident Technology

   1. Selection of TechnologyDefinition: “'Tamper-evident' means in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record evident” (OAR 160-100-0000[13]).

   2. Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (ORS 194.305[1]).Definition: “'Tamper-evident' means in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record evident” (OAR 160-100-0000[13

   3. Standards: “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]).

4. Journal: For the requirements of keeping a journal of notarial acts with respect to electronic records, see “Records of Notarial Acts,” below.

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“(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the other state is performed by:
“(a) A notary public of the other state;
“(b) A judge of the other state or a clerk of a court of the other state; or
“(c) Any other individual authorized by the law of the other state to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act” (ORS 194.260).

Notarial Acts Under Authority of Federally Recognized Indian

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Tribe

“(1) A notarial act performed under the authority of and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
“(a) A notarial officer of the tribe;
“(b) A judge of the tribe or a clerk of a court of the tribe; or
“(c) Any other individual authorized by the law of the tribe to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act” (ORS 194.265).

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