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Last Update:

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January 1,

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2025

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Laws, Rules and Guidelines

1. Laws

   1. Oregon Revised Statutes: Most Notary statutes are in the Oregon Revised Statutes (ORS), Chapter 194, Sections 194.205 through 194.440 (“Revised Uniform Law on Notarial Acts”).

   2. Citations: Citations to the Code in this chapter follow this convention: ORS, chapter, section, and any subsection or paragraph within the section, if applicable, in brackets. Example: ORS 194.350[1][d].

2. Rules

   1. Oregon Administrative Rules: Rules regulating Notaries are found in the Oregon Administrative Rules (OAR), Chapter 160, Division 100, “Notaries Public.”

   2. Citations: Citations to the Rules in this chapter follow this convention: OAR, chapter number, division number, and rule number, and any paragraph and subparagraph within the rule number, if any, separated by brackets. Example: OAR 1060-100-100-1030[1]).

3. Guidelines: Other guidelines for Notaries are in the “Oregon Notary Public Guide” (NPG) (Updated 2024), downloadable on the website. Bulletins on law and rule changes are available on “Notary News,” a free email subscription service of the Secretary of State.

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1. 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)(vvvuuu);
   (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)(vvvuuu);
   (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”).

2. Course: A mandatory Notary training course, completed within the last six months, and an examination must be taken before submitting an application. Until Effective January 1, 2025, all first-time applicants and all current Notaries whose commissions will expire before renewal commission applicants – both new and renewing – 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, 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).

3. 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.

4. Application

   1. 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).

   2. 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.

   3. 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).

   4. 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.

   5. 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.

5. Background Screening: Required.
   “(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)

6. 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]).

7. 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).

8. 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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Refusal of Services

1. Specific Grounds

   1. Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that

   :
   “(a) The

   1. … [t]he 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”

   1. record….” (ORS 194.245[1][a]).
      “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

   1. 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).

   2. Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made…” (ORS 194.245[1][b]).
      “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

   1. individuals” (NPH)

   2. Insufficient Information or Credentials: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual has provided sufficient information or identification credentials necessary to confirm the identity of the individual” (ORS 194.245[1][c]).

2. 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]).

3. 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).

4. 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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