Oregon - Notary Reference
Last Update: January 5, 2024
QUICK FACTS
Notary Jurisdiction
Statewide (ORS 194.255).
Notary Term Length
Four years (ORS 194.315[4]).
Notary Bond
Not required.
Notary Seal
Required (ORS 194.280[3]).
Notary Journal
Required (ORS 194.300[1]).
ADMINISTRATION AND RULES
Commissioning Official
The Oregon Secretary of State commissions the state’s Notaries Public (ORS 194.315[1]) and regulates and keeps records on them.
Contact Information
Address: Office of Secretary of State
Corporation Division/Notary Section
255 Capitol St. N.E., Suite 151
Salem, OR 97310-1327Phone: 1-503-986-2200
Laws, Rules and Guidelines
Laws: Most Notary statutes are in the Oregon Revised Statutes (ORS), Chapter 194, Sections 194.205 through 194.440 (“Revised Uniform Law on Notarial Acts”).
Rules: Rules regulating Notaries are found in the Oregon Administrative Rules (OAR), Chapter 160, Division 100, “Notaries Public.”
Guidelines: Other guidelines for Notaries are in the “Oregon Notary Public Guide” (NPG) (Updated 2020), 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.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a commission as an Oregon Notary Public must:
(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. 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. “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. “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: “The quickest way to submit your application is online. There is also a paper application and test that can be completed, printed, and mailed in” (NPG). 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. 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 application fee. The oath must be returned within 30 days of being issued or the applicant will need to re-apply. Once the oath has been filed, an email will be sent to the Notary with PDF attachment files of the Certificate of Authorization and the Commission Certificate. Both may be printed out. 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, website)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 notary public is reapplying, 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 notarial 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]).
Notification to Perform In-Person Electronic and Remote Notarial Acts
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) “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]).
“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 or by calling the Secretary of State at 503-986-2200. 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).
Online Search
“The Secretary of State shall maintain an electronic database of notaries public:
“(1) Through which a person may verify the authority of a notary public to perform notarial acts and
“(2) That indicates whether a notary public has notified the secretary that the notary public will be performing notarial acts with respect to electronic records” (ORS 194.345).
The link to the list of active Notaries Public may be found on the Secretary of State’s website by navigating to sos.oregon.gov/business/Pages/notary.aspx and clicking on “Notary Toolkit” and then “List of Active Notaries.”
Jurisdiction
“A notarial act may be performed in this state by … [a] notary public” (ORS 194.255[1][a]).
Term Length
“Upon the applicant’s compliance with [ORS 194:315], the Secretary of State shall issue a commission as a notary public to the applicant for a term of four years” (ORS 194.315[4]).
Bond
Not required.
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, he or she is required by law to notify the Corporation Division within thirty (30) days. Download the Notary Information Change form, fill it out and return the form to our office within 30 days. OAR 160-100-0170(3). The public record address is available to the public in an online database. The public record address can be a postal address or a street address” (NPG).
NOTARIAL ACTS
Authorized Acts
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.”
In-Person Electronic and Remote Notarial Acts: Oregon Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically and remotely.
Acknowledgments
Definition: “‘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’ 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 he or she willingly and knowingly signed the document, and the notary must identify him or her as the one who did indeed sign. The signature may be made before, but not after, the notarization” (NPG).
Oaths and Affirmations
Definition: “‘Oath’ and ‘affirmation’ mean a notarial act or part of a notarial act in which a notary certifies that a person made a vow in the presence of the notary on penalty of perjury” (ORS 194.215[11]).
“An oath is a solemn pledge of truthfulness to a Supreme Being; an affirmation is a solemn personal pledge of honor that something is true. Both carry the penalty of perjury if forsworn” (NPG).Requirements: “Unless otherwise indicated, an Oregon Notary may use the following or similar words in administering an oath:
“'Do you solemnly swear (or affirm) that the statements in this document are true (so help you God)?'
“'Do you solemnly swear (or affirm) that the information you are about to give (or have given) is the truth, the whole truth, and nothing but the truth (so help you God)?'”
“The oath-taker shows compliance with the oath either by repeating the words, using “I” instead of “you,” or by saying, ‘I do,’ or, ‘I will’” (NPG).
Verifications
Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (ORS 194.215[19]).
Requirements: “A notarial officer who takes a verification on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the declaration has the identity claimed and that the signature on the record containing the statement verified is the signature of the individual” (ORS 194.230[2]).
“This is also known as a jurat, and may be part of an affidavit. The notary must require that the signer personally appear, verbally swear to the oath or affirm to the truth, and sign before the notary” (NPG).
Signature Witnessings or Attestations
Definition: “Witnessing or Attesting a Signature is when the document is signed in the presence of the notary. The notary determines that the individual appearing before the notary, and signing the document has the identity claimed. (Note that this certificate differs from an acknowledgment in that there is no statement of execution of a document and the signature must be signed in the presence of the notary, whereas an acknowledgment does not have to be.)” (NPG)
Requirements: “A notarial officer who witnesses or attests a signature shall determine from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (ORS 194.230[3]).
Copy Certifications or Attestations
Standards: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item” (ORS 194.230[4]).
“It is vital that the notary make the copy or carefully oversee its making. In addition, the transcription or reproduction must be a full (including the margins!), true, and accurate copy. For this reason, it is best to photocopy the document. A certified copy does not have to be made from an original if the certificate does not specify ‘original document.’ It may be a copy of a copy. If a notary knowingly makes a copy of a photocopy, the certificate wording ‘a copy of a photocopy’ may be used. Personal appearance is required by the person requesting the certified copy.
“Notaries should not copy public records that are certified by a custodian of records, such as a county clerk. Certified copies are available from the agencies in charge of these records. If an individual wishes you to certify a copy of his or her articles of incorporation, for example, refer him or her to the [Secretary of State’s] Corporation Division, which has the articles of incorporation on record. It is illegal to make copies, or to certify to copies, of Oregon birth or death certificates and marriage or divorce decrees…. To obtain certified copies of records from the Oregon Center for Health Statistics (vital records) call (971) 673-1190.
“However, some records may be copied such as the Oregon Driver’s License, U.S. Passports and most professional licenses, diplomas, certificates, letters, etc., because copies of these documents cannot be obtained otherwise. Check to see if the document has a ‘Do Not Copy’ warning on it, or call the agency in question” (NPG).Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (ORS 194.225[3]).
“A county clerk may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record” (ORS 194.305[3]).
Protests
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” (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.
Remote Notarial Acts
Definition: “'Remote online notarization' means a notarial act performed for a remotely located individual by means of communication technology” (OAR 160-100-0000[10]).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (ORS 194.235).
Phone Oaths: “Oaths cannot be given over the telephone. The oath-taker must be in the physical presence of the notary” (NPG).
Remote Notarial Acts: “A remotely located individual may comply with ORS 194.235 by using communication technology to appear before a notary public” (ORS 194.277[2]).
Identification
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).
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]).
Refusal of Services
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 194.215[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).
Employer and Employee Relationship
“[A]n employer may limit access to employee notaries public during work hours. For example, a bank may only allow its employees to notarize documents involving bank business or documents for people with accounts at that bank. Such a policy should be carefully reviewed by legal staff, however, to protect the employer from lawsuits based on protected class considerations.…” (NPG).
“Although an Attorney General’s Opinion (DOJ 165-300-0093) states, ‘... the notary public may, under the notaries public laws, either serve the entire public which desires notary services, a portion of the public (such as customers of a business or fellow employees) or no one at all,’ notaries may be seen as having an obligation to respond to any reasonable request for a notarization, and employers may wish to uphold that duty. Restriction of notary services must be carefully crafted, so that the possibility of lawsuits based on perceived discrimination is minimized” (NPG).
Incomplete Documents
“Blank spaces that can be filled in later have a potential for fraudulent use. If blanks are intended to be left blank, the customer should indicate that in some manner, (e.g., N/A to indicate not applicable).
“The non-attorney notary public can point out the blanks to the customer, but may not tell the customer how to fill them in. If the customer chooses not to fill in the blanks, the notary public can, using his or her best judgment:
“a) Ask the customer to initial next to the blanks to indicate his or her knowledge of the deficiency and note it in the journal,
“b) Complete the notarization (noting in the notarial journal that there were blanks in the document and that the customer was aware of the blanks, but chose not to fill them in), or
“c) Refuse to notarize (note in the notarial journal why the notarization was refused)” (NPG).
“Common sense would prevent most notaries from notarizing a signature on a completely blank sheet of paper, knowing that a fraudulent document could be created on the blank sheet” (NPG).
Signature by Proxy
“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (ORS 194.250). See the notarial certificate for an “Acknowledgment by Individual Directing Third Party to Sign” below, under “Certificate of Notarial Act,” below).
Signature Stamp
“May a signer use a signature stamp on the document they want notarized? – “Yes. A stamp, a mark, or other indication of the execution is sufficient. The signature stamp should match or be a legible reproduction of a person’s signature on their identification document" (NPG).
Disqualifying Interest
Personal: “A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party, or in which either the officer or the officer’s spouse has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (ORS 194.225).
“A notary public cannot notarize his or her own signature” (website, “Oregon Notary Public FAQs”).Relatives: “A notary public cannot notarize … the signature of their spouse” (NPG).
[A]lthough although Oregon law does not prohibit notarizing for other relatives, it is prudent not to do so. It is easy for a court to construe that a notary may gain from a transaction with relatives, particularly in the case of close relatives” (NPG).Corporate Employees, Officers: A Notary who is a shareholder, director, officer, employee, member, or partner of a business entity make take the acknowledgment of a document executed to or by the business entity, or give an oath to any person representing the entity, if the Notary is not a party to the document, either individually or as a representative of the business entity (ORS 194.385[1] and [2]).
“‘Business entity’ means a financial institution, trust company, nonprofit corporation, partnership, limited liability partnership or limited partnership” (ORS 194.385[3]).
“A notary public may not protest commercial paper owned or held for collection by a financial institution, trust company or investment company if the notary public is individually a party to the commercial paper” (ORS 194.375[3]).
Unauthorized Practice of Law
Prohibition: “A notary public may not engage in the unauthorized practice of law” (ORS 194.350[5]).
No Authority: “A commission as a notary public does not authorize an individual to:
”(a) Assist persons in drafting legal documents, give advice on legal matters or otherwise practice law;
”(b) Act as an immigration consultant as defined in ORS 9.280 or an expert on immigration;
”(c) Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
”(d) Receive compensation for performing any of the activities listed in this subsection” (ORS 194.350[1]).Preparing Documents: “May a notary prepare legal documents? – Only if the notary public is an attorney, supervised by an attorney (such as a paralegal), or prepares such documents as a licensed professional. Even then, a notary public must not be party to the transaction or have a direct beneficial interest in it” (NPG).
Selecting Certificates: “An Attorney General’s opinion states: “‘The notary public should not take it upon himself or herself to select or substitute a certificate on behalf of the person. In addition to the risk that the notary public may be found to be unlawfully practicing law, there is also some possibility that the notary public may become involved in litigation if the document is later found not to accomplish what was intended by the parties, and the problem is with a certificate that the notary public selected’” (NPG).
Foreign-Language Documents
“A notary public who fluently reads and writes a language may notarize the signature on a document written in that language ... [T]he notary should note the foreign language factor in the notarial journal … “[T]he Secretary of State recommends that a notary public should not notarize a document written in a language they cannot read nor use a notarial certificate written in a language that they cannot read. When in doubt, a notary can always refuse to notarize and refer the customer to a bilingual notary. Bilingual notaries can be found at consulates and embassies, in ethnic communities, at universities and community colleges, and sometimes in the Yellow Pages. Translators are often notaries. A simple Google search will usually reveal notaries who are in your area that are eager to notarize in other languages” (NPG).
Representative Status
“It is not always necessary for the notary to verify that the signer has the authority to represent the party in the document. The notary must have proof if the certificate requires it through wording like ‘known to me to be’ or ‘proven to me to be’” (NPG).
According to the “Oregon Notary Public Guide,” there are three methods for verifying a person’s authority to sign as representative:
“• Personal knowledge. If the notary has a longtime acquaintance with the individual and would be willing to swear in court that the person has that capacity (for example, is an officer of the company), then he or she can rely on that knowledge for the notarization.
“• Documentary evidence such as a partnership agreement, corporate annual report, trust agreement, company minutes, or verification from the [Secretary of State’s] Corporation Division, may be used as proof of representative capacity. Business cards and stationery are not sufficient evidence, and should not be relied upon. For an attorney-in-fact acknowledgement, you would see the signed Power of Attorney.
“• Oath of a third party, personally known to the notary, and impartial to the transaction, can sometimes be used as proof. It should be a last resort, because the opportunity for fraud is even greater when relying on someone else’s veracity and knowledge.”
Notarizing Photographs
“Although a photograph itself may not be notarized, the notary public may notarize a statement about the photograph. If the customer has a statement on the back of the photograph such as "I certify that this is an actual photograph of me," and asks the notary public to witness his or her signature on that statement, the notary public may notarize the photograph. For this to work, there must be room on the photo for the notarial certificate, notary public signature and official notary seal.
“For smaller photographs the customer may make a statement about the photograph on a piece of paper referring to ‘the attached photo.’ As long as the notary public is just witnessing the customer’s signature per the customer’s instruction, the notary public may notarize.
“After the notarial certificate is complete with venue, statement, official notary seal and signature, use the official notary seal a second time such that it overlaps the photograph and the paper it is attached to. Be careful not to cover the face on the photo. This action makes it clear to the receiving agency that the photograph is the one attached to the document when it was notarized” (website, “Oregon Notary Public FAQs”).
False or Deceptive Advertising
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][c]).
Dishonesty, Fraud or Deceit
“A notary public may not commit any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another or substantially injure another” (ORS 194.350[6]).
Subscribing Witness
“May I use a subscribing witness when doing a notarization? – Not according to notary law. There is a special provision in Real Estate Law which allows for a subscribing witness in a limited number of real estate transactions. Should this come up, the notary public would need to consult with the Real Estate Division” (NPG).
Minors
“A minor must provide acceptable ID just as an adult would.… Have the minor put his or her age next to the signature so that the receiving party realizes that they are dealing with a minor. Note the age of the minor in the notary journal.
“Minors must be competent when signing. Ask questions of the minor such as ‘What kind of document are you signing?’ ‘What will the document do?’ ‘Do you want to sign the document?’ If the notary public is not comfortable with the answers the minor gives, he or she should refuse to notarize, noting why in the notary journal, and advise the customer to seek legal advice” (NPG).
Last Wills
“May a notary public notarize a will? – Yes, but only with extreme care and caution. In Oregon, wills are not required to be notarized, merely witnessed. However, the witnesses often are required to sign a ‘self-proving affidavit’ that is notarized. So, the notary generally doesn’t witness the will signer’s signature, but the witnesses’ signatures on their affidavits. It is advisable to notarize wills only under the direction of an attorney. Wills are perhaps the most contested documents notaries public become involved with, and even when they are done correctly, a notarization may be called into question. When an estate goes into probate, a will can be invalidated if the notarization is incorrect, and the notary public could be held liable for damages by the benefactors” (NPG).
I-9 Forms
“Can I as a notary perform them and how do I? – An I-9 form is issued by the U.S. Citizenship and Immigration Services (USCIS). The I-9 Employment Eligibility Verification form verifies the identity and employment eligibility for all people hired in the U.S.
“Every person in the workforce has to fill out an I-9 form before starting work. Businesses who hire employees remotely will often require the person to go to a Notary to complete their I-9 form, because Notaries have expertise in verifying identities. However the I-9 form does not have any notary certificate wording and the notary is not asked to apply their notary stamp on the form. The I-9 verification is not considered a notarial act. Therefore, the notary may only perform the I-9 verification in a non-notarial capacity, as a representative of the hiring company” (NPG).
Withholding Records
“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (ORS 194.350[7]).
Retaining Copies of Document, ID
“Should I keep copies of every document that I notarize? – No, a notary should not keep copies of the documents that they notarize. Your journal entry is sufficient evidence for the purpose of recording a notarial act …[T]he Secretary of State strongly recommends that notaries do not keep such records” (NPG).
“Should I keep copies of identification I use to identify the signer? – No, a notary should not keep copies of identification that they use to identify the signer. Your journal entry is sufficient evidence for the purpose of recording how you identified the signer” (NPG).
In-Person Electronic Notarial Acts
Applicable Law
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).
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.
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.
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
Tamper-Evident Technology
Selection of Technology: “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]).
Journal: For the requirements of keeping a journal of notarial acts with respect to electronic records, see “Records of Notarial Acts,” below.
Remote Notarial Acts
Applicable Law
Statutory Authority: Oregon Revised Statutes Section 194.277 provides the statutory authority for Notaries Public to perform notarial acts for remotely located individuals.
Rulemaking Authority: The Oregon Administrative Rules, Chapter 160 contain rules implementing the remote notarization provisions. These rules are summarized below.
Technology Systems
Standards: “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]).
Tamper-Evident Requirement: “Each document completed as part of a remote online notarization shall be electronically signed and rendered tamper-evident” (OAR 160-100-0855[1]).
Data Privacy: “(2) The method of remote online notarization shall ensure privacy and data security.
“(3) The method of remote online notarization shall ensure all applicable consumer data, privacy and information security laws are satisfied through their information security programs” (OAR 160-100-0855[2] and [3]).Approval of System Providers: Not Required. A technology system must meet the Secretary of State’s performance standards: “The notary must select at least one qualifying vendor prior to submitting the request form to the Secretary of State. The vendor must meet system requirements set forth in OAR 160-100-0805 and OAR 160-100-0855” (website, “Remote Online Notarization”).
“'Remote online notarization vendor' means a third-party that offers the services of a tamper-evident technology approved for remote online notarization acts” (OAR 160-100-0000[11]).List of System Providers: The Secretary of State maintains a list of providers whose technology systems may be used by Oregon Notaries at https://sos.oregon.gov/business/Pages/remote-online-notary-vendors.aspx.
Communication Technology
Definition: “‘Communication technology’ means an electronic device or process that:
“(a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
“(b) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (ORS 194.277[1][a]).Requirements: “The audio and video quality requirements for a remote online notarization operating model should:
“(a) Consist of reliable, continuous, synchronous audio and video feeds with clarity such that all participants can be clearly seen and understood.
“(b) Ensure the audio and video are adequate for communication and ability to terminate the session if adequate conditions are not met” (OAR 160-100-0855[5]).
Confirmation of Record: “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 notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (ORS 194.277[3][b]).
Audiovisual Recording: For the requirement that a Notary who performs notarial acts for remotely located individuals keep a recording of each notarial act, see “Records of Notarial Acts,” below.
Principals Located Outside the U.S.: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if …
“(A) The record:
“(i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or
“(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
“(B) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (ORS 194.277[3][d]).
Validity of Notarial Acts
“Except as otherwise provided in ORS 194.225, the failure of a notarial officer to perform a duty or meet a requirement specified in sections 1 to 50 of this 2013 Act does not invalidate a notarial act performed by the notarial officer” (ORS 194.355[1]). However, this does not prevent an aggrieved person from seeking to invalidate a document or transaction related to the notarial act, and it does not validate a purported notarial act performed by a person without authority (ORS 194.355[2] and [3]).
When Voidable: When a notarial officer or the notarial officer’s spouse has a “direct beneficial interest” in the notarial act, the notarial act is voidable (ORS 194.225[2]).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirements
General Requirement: “A notarial act must be evidenced by a certificate” (ORS 194.280[1]).
Specific Requirements: “The certificate must:
“(a) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State;
“(b) Identify the jurisdiction in which the notarial act is performed;
“(c) Contain the title of office of the notarial officer;
“(d) Contain the name of the person for whom the notarial act is performed; and
“(e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission” (ORS 194.280[1]).Tangible Records: “Except as provided in subsection (8) of this section (i.e., regarding notarization on a Mylar plat), if a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate” (ORS 194.280[3]).
Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be attached to or logically associated with the certificate” (ORS 194.280[3]).
Certificate Forms
Oregon has enacted the Revised Uniform Law on Notarial Acts and the Act’s short form certificates. These certificate forms and another form authorized by the Secretary of State appear below.
Acknowledgment by Individual (ORS 194.285[1]) State of OREGON This record was acknowledged before me on _________(date) by __________(name[s] of individual[s]). ____________(Signature of Notarial Officer) |
Acknowledgment by Representative (ORS 194.285[2]) State of OREGON This record was acknowledged before me on _________(date) by __________(name[s] of individual[s]) as __________(type of authority, such as officer or trustee) of __________(name of party on behalf of whom record was executed). ____________(Signature of Notarial Officer) |
Verification on Oath or Affirmation (ORS 194.285[3]) State of OREGON Signed and sworn to (or affirmed) before me on ___________(date) by __________(name[s] of individuals making statement). ____________(Signature of Notarial Officer) |
Signature Witnessing or Attestation (ORS 194.285[4]) State of OREGON Signed (or attested) before me on _________(date) by __________(name[s] of individual[s]). ____________(Signature of Notarial Officer) |
Copy Certification or Attestation (ORS 194.285[5]) State of OREGON I certify (or attest) that this is a true and correct copy of a record in the possession of __________(name of possessor of original record). ____________(Signature of Notarial Officer) |
Acknowledgment for Signature by Proxy 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) |
Electronic Notarial 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]).
Remote Notarial Certificate
“If a notarial act is performed under this section, the certificate of notarial act required by ORS 194.280 and the short form certificate provided in ORS 194.285 must indicate that the notarial act was performed using communication technology” (ORS 194.277[4]).
Sufficiency of Certificate
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 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 194.280[5]).
NOTE: Sections 3, 4, 5 and 6 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 requirements for performing acknowledgments, verifications on oath or affirmation, signature witnessings, copy certifications, and protests; to 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]).
Attaching a Certificate
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” (NPG).
Document Description Section: The Secretary of State’s sample certificates include a section at the bottom for reading 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”).
Filling Extra Certificate Space
“Draw a line to fill extra space. For example, if the name of the signer doesn’t fill the whole space left for it, put a line through the remaining portion so that no one can add to the certificate after it leaves your hands” (NPG).
Stamping and Signing
“Don’t ‘stamp and sign.’ Create the certificate if there is no certificate given, if the client has informed you about the type of notarization, and there is room on the document. Attach a ‘loose certificate if there is no room on the document for all three elements: certificate, notary signature and stamp” (NPG).
Correcting a Certificate
Authorization: “The notarial officer may subsequently correct any information included on or omitted from the certificate” (ORS 194.280[2]).
During the Notarization (NPG):
Don’t use white-out.
Line through any incorrect information in ink, print the correct information immediately above, and initial and date nearby.
Reapply a stamping device nearby if its impression has been smeared.
Record any correction in the notarial journal.
After the Notarization (NPG):
Never allow anyone to change or correct a notarial certificate, as making such changes or corrections is the Notary’s responsibility.
Never send a completed certificate for someone else to attach; the document should be returned and only the Notary should attach this original or corrected certificate.
Make corrections on the certificate by either filling in missing information (such as missing words or a stamp impression) or lining through incorrect information in ink; print the correct information immediately above and initial and date nearby.
Do not make a correction unless you can confirm it from a journal entry or the signer can verify it in person.
Corrections must be made on the original certificate.
Record any corrections in the notarial journal.
SEAL AND SIGNATURE
Definitions
“‘Official stamp’ means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (ORS 194.215[12]).
“‘Stamping device’ means:
“(a) A physical device capable of affixing to a tangible record an official stamp; or
“(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (ORS 194.215[17]).
Official Stamp Requirement
Notarial Acts
Notaries Public: Required.
“(I)f a notarial act regarding a tangible record (e.g., a paper document) is performed by a notary public, an official stamp must be affixed to the certificate” (ORS 194.280[3]).Other Notarial Officers: Permitted.
“If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate” (ORS 194.280[3]).
In-Person Electronic Notarial Acts
Notaries Public: Permitted.
“If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be attached to or logically associated with the certificate” (ORS 194.280[3]).Other Notarial Officers: Permitted (ORS 194.280[3]).
Remote Notarial Acts
Notaries Public: Permitted (ORS 194.280[3]).
Other Notarial Officers: Permitted (ORS 194.280[3]).
Official Stamp Format
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[2]).
Ink Color: “The notary’s stamp imprint … may be in any color of ink that is easily reproducible; black and dark blue are recommended” (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:
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 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.
Examples
The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Oregon law. The embosser may be used in addition to — but never in place of — the official stamp.
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”).
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
“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 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”).
Ownership of Stamping Device
“It does not matter who paid for the notarial commission, stamping device, and notarial journal — they belong to the notary public. During a notarial commission term, a notary public may change employers several times, and the notarial commission, stamping device, and notarial journal move with the notary public. ORS 194.990(1)(c).
“The only exception would be if there is a signed journal agreement with the employer. The notary public would then purchase a new notarial journal for use with the new employer” (OAR 160-100-0360) (NPG).
Security of Stamping Device
“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]).
Exclusive 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]).
“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]).
Lost or Stolen Stamping Device
“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative, guardian, conservator or trustee shall notify promptly the Secretary of State on discovering that the device is lost or stolen” (ORS 194.295[4]).
If a Notary’s stamping device is lost, misplaced, stolen, or otherwise unavailable, the Notary must deliver a sworn, written explanation to the Secretary of State within 10 days (OAR 160-100-0160[1] and [2]) using a “Missing Stamp, Certificate or Journal” form, whereupon a new Certificate of Authorization will be issued to the Notary to allow purchase of a new stamping device. The new stamp will bear a new commission number that has a letter prefix.
Disposition of Stamping Device
Resignation, Expiration, Revocation: “On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration date set forth in the notary public’s official stamp, the notary public shall disable the notary public’s stamping device by destroying, defacing, damaging, erasing or securing the device against use” (ORS 194.295[2]).
“The official stamp must be destroyed. To destroy the stamp, peel off the rubber strip, cut it up and throw it away” (website, “Update a Commission Record”).
“A notary public whose commission was terminated because of revocation shall file his/her notarial records with the Secretary of State within 30 days after the date of revocation… At the same time that the notary public files such records with the Secretary of State, a notary public shall file with the Secretary of State the notary public’s official stamping device” (OAR 160-100-0330[1] and [2]).Death or Adjudicated Incompetency: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative, guardian, conservator or trustee or any other person knowingly in possession of the notary public’s stamping device shall render the device unusable by destroying, defacing, damaging, erasing or securing the device against use” (ORS 194.295[3]).
“Official Stamp” is “Official Seal”
“The official stamp of a notary public is an official notarial seal for all purposes under the laws of this state” (ORS 194.290[2]).
Other Notarial Officers
“If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate” (ORS 194.280[3]). Subsections (1)(a) to (d) refer to the signature and date affixed by the notarial officer, the title of office of the notarial officer, the jurisdiction where the notarial act was performed, and the name of the person for whom the notarial act was performed.
Seal Embosser
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
“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]).
Signature Ink Color
“Can a notary public sign in any color of ink? — Yes, so long as the signature is reproducible and legible when scanned for recording purposes. Black or dark blue ink is preferable” (NPG).
“The notary’s … signature may be in any color of ink that is easily reproducible; black and dark blue are recommended” (NPG).
RECORDS OF NOTARIAL ACTS
Records Requirement
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[18] 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 capacity).
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” (Ch. 12 of 2020, Sec. 20[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]).
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 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]).
Contemporaneous Journal Entry
“An entry in a journal must be made contemporaneously with performance of each notarial act….” (ORS 194.300[3]).
“The journal must be filled out at the same time as the rest of the notarial act. You may not ‘pre-fill’ a journal entry or finish it after the signer is gone. Best practice is to completely fill out the journal, along with the customer’s signature, before completing the notarization” (NPG).
Journal Entries
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 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 his or her 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).
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]).
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]).
“The notary needs to make sure that their journal, along with the stamping device are secure at all times” (NPG).
Ownership of Journal
“It does not matter who paid for the notarial commission, stamping device, and notarial journal — they belong to the notary public. During a notarial commission term, a notary public may change employers several times, and the notarial commission, official notary seal, and notarial journal move with the notary public. ORS 194.990(1)(c).
“The only exception would be if there is a signed journal agreement with the employer. The notary public would then purchase a new notarial journal for use with the new employer. OAR 160-100-0360” (NPG).
Privacy of Journal
“Notaries should not allow ‘fishing expeditions,’ or malicious attempts to view private information, such as addresses or signatures. There is no reason to allow someone to browse through your journal” (NPG).
“A customer may access their own entry record in the notarial journal, but the entries above and below should be covered to protect the privacy of those individuals” (NPG).
Retention of Journal, Recordings
Commission Expiration, Resignation or Suspension: On expiration, resignation, or suspension of a Notary Public’s commission, the Notary must retain the journal for 10 years after the performance of the last notarial act chronicled in the journal (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, 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” (Ch. 12, 2020, Sec. 20[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]).
Disposition of Records
Revocation: “On revocation of a notary public’s commission, the notary public shall transmit the journal to the Secretary of State not later than 30 days after the date of revocation” (ORS 194.300[7]).
Death or Adjudication of Incompetency: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative, guardian, conservator or trustee or any other person knowingly in possession of the notary public’s journal shall transmit the journal to the Secretary of State” (ORS 194.300[8]).
Record of Protests: “(1) Whenever the office of a notary public becomes vacant, the record referred to in ORS 194.380 kept by the notary public, together with all the papers relating to such record, shall be delivered to the Secretary of State.
“(2) A former notary public, or an individual designated personal representative or administrator for a deceased notary public, shall deliver the record and papers described in subsection (1) of this section to the Secretary of State not later than three months after the date the office becomes vacant or after the individual is designated personal representative or administrator.
“(3) Violation of subsection (2) of this section is subject to a fine of not more than $500 for each violation.
“(4) If any individual knowingly destroys, defaces, materially alters or conceals any record or paper of a notary public, the individual is subject to a fine of not more than $500 and shall be liable to an action for damages by the party injured” (ORS 194.390).
Exemption from Disclosure
“A journal in the possession of a notary public who is not a public official or public employee is exempt from disclosure under ORS 192.410 to 192.505. A journal in the possession of the Secretary of State, or in the possession of a notary public who is a public official or public employee, is not exempt from disclosure under ORS 192.410 to 192.505 unless the secretary or other custodian determines that the public interest in disclosure is outweighed by the interests of the parties to a notarial act in keeping the journal record of the notarial act confidential. A determination by the secretary or other custodian under this subsection is subject to review under ORS 192.410 to 192.505” (ORS 194.300[9]).
“If the notary public is also a public official or employee, or if the journal resides with the Secretary of State, the notarial journal falls under disclosure laws. A public records request under ORS 192 would be made to see the specific journal entry. If the Secretary of State deems that it is in the public interest not to disclose such information, then the journal is kept private.
“Every other notary is exempt from being required to disclose the journal contents, unless requested by the Secretary of State or under subpoena. Normally, it will be in the notary’s interest to cooperate with an investigation to avoid being named in a suit” (NPG).
FEES FOR NOTARIAL ACTS
Maximum Fees
Notarial Acts: The fee for performing any notarial act may not exceed $10 per act (ORS 194.400[1] and OAR 160-100-0400[1]).
Remote Notarial Acts: “A notary public performing a remote online notarization shall not charge, attempt to charge, or receive a notary fee that is more than $25 per notarial act” (OAR 160-100-0400[3]; see also ORS 194.400[1]).
Travel Fee
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
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]).
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).
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
“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, the notary public must send the Secretary of State, Corporation Division a letter to rescind the waiver of fees or they may download the Notary Information Change form from our website” (NPG).
Employer Fee Agreement
“Oregon statutes and rules do not address the collection of notary fees by employers, but a written agreement about notary fees is advisable. Except for public employers, the statute gives only the notary public the right to charge notary fees, but a private employer often includes a notary charge to the customer when notarization takes place. An employee notary public may enter into an agreement with their employer whereby the notary performs their notarial duties and the fee is retained by the employer. The fees must not be more than established by Oregon law, ORS 194.400(1), and the agreement should make it clear that the notary gives the employer the right to collect and retain the appropriate revenue. The notary public, however, should be allowed to keep fees collected when notarizations are not connected to his/her employment. An agreement should be reviewed by legal counsel, if available, to ensure compliance with notary law and rule” (NPG).
“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]).
Secretary of State Fees
“The Secretary of State shall collect $10 per notarial act performed by a notary public employed by the Secretary of State (Corporation Division) during the course of that person’s 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).
REAL ESTATE PRACTICES
Notary Signing Agents
Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Oregon.
Recording Requirements
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 8-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).
NOTE: Sections (2) and (3) of ORS 93.804 relate to electronic records.
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in Oregon
“(1) A notarial act may be performed in this state by:
“(a) A notary public;
“(b) A judge of this state or a clerk of a court of this state;
“(c) A county clerk or county employee with recording responsibilities designated by the county; or
“(d) Any other individual authorized by the law of this state to perform the notarial act.
“(2) Notarial acts performed under ORS 194.260, 194.265, 194.270 or 194.275 have the same effect as if performed by a notarial officer of this state.
“(3) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(4) 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 194.255).
Notarial Acts in U.S. State or Jurisdiction
“(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 Tribes
“(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).
Notarial Acts Under Federal Law
“(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
“(a) A judge or a clerk of a court;
“(b) An individual in military service, or performing duties under the authority of the military service, who is authorized to perform notarial acts under federal law;
“(c) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“(d) Any other individual authorized by federal law to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act under federal authority are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of an individual described in subsection (1) of this section conclusively establish the authority of the individual to perform the notarial act” (ORS 194.270).
Notarial Acts in Foreign State
“(1) As used in this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe.
“(2) If a notarial act is performed under the authority of and in the jurisdiction of a foreign state or a constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (ORS 194.275).
AUTHENTICATION OF NOTARIAL ACTS
Secretary of State
Authenticating certificates for Notaries, including apostilles, are issued only by the Oregon Secretary of State’s office.
“Oregon has pioneered in the United States the use of a single certificate for both apostilles and authentications. The only exception is the People’s Republic of China. China receives a special certificate at this time” (NPG).
Fees: $10 for a certificate authenticating the Notary’s status, including an apostille, payable to “State of Oregon” or “Corporation Division” (OAR 160-100-0040[1] and [2] and website, “How to Get an Authentication (or Apostille)”).
Address:
Office of Secretary of State
Corporation Division
255 Capitol St. N.E., Suite 151
Salem, OR 97310-1327Phone: 503-986-2200
Procedure: Mail or present in person the original notarized document, along with the fee and a completed “Request for Authentication” form, available for download on the Secretary of State’s website. The form includes all the information needed to process the request. If return by mail is desired, either a stamped, addressed envelope or, for expedited delivery, a prepaid airbill should be included (website, “How to Get an Authentication (or Apostille).”
Unauthorized Authentications: “The Secretary of State may not certify a signature of a notary public on a document:
“(a) Regarding allegiance to a government or jurisdiction;
“(b) Relating to the relinquishment or renunciation of citizenship, sovereignty, in itinere status or world service authority; or
“(c) Setting forth or implying a claim of immunity for the bearer from the laws of this state or nation” (ORS 177.065).
© 2024 National Notary Association.