Oregon - U.S. Notary Reference
Last Update: May 20, 2025
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
Oregon Revised Statutes: Most Notary statutes are in the Oregon Revised Statutes (ORS), Chapter 194, Sections 194.205 through 194.440 (“Revised Uniform Law on Notarial Acts”).
Citations: Citations to the Code in this chapter follow this convention: ORS, chapter, section, and any subsection or paragraph within the section, if applicable, in brackets. Example: ORS 194.350[1][d].
Rules
Oregon Administrative Rules: Rules regulating Notaries are found in the Oregon Administrative Rules (OAR), Chapter 160, Division 100, “Notaries Public.”
Citations: Citations to the Rules in this chapter follow this convention: OAR, chapter number, division number, and rule number, and any paragraph and subparagraph within the rule number, if any, separated by brackets. Example: OAR 1060-100-100-1030[1]).
Guidelines: Other guidelines for Notaries are in the “Oregon Notary Public Guide” (NPG) (Updated 2024), downloadable on the website. Bulletins on law and rule changes are available on “Notary News,” a free email subscription service of the Secretary of State.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a commission as an Oregon Notary Public must (ORS 194.315[2]:
(a) be at least 18 years old;
(b) be a resident of Oregon or have a place of employment or practice in Oregon;
(c) be able to read and write English;
(d) not have been convicted of a felony or any crime involving fraud, dishonesty or deceit during the 10-year period preceding the date of application;
(e) not have been convicted of acting as or otherwise impersonating a Notary as described in ORS 194.990, obstructing governmental or judicial administration under ORS 162.235(1)(b), or engaging in the unauthorized practice of law as described in ORS 9.160;
(f) not have been found by a court to have practiced law without a license under ORS 9.160 or engaged in an unlawful trade practice described in ORS 646.608(1)(uuu);
(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)(uuu);
(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. Effective January 1, 2025, all commission applicants – both new and renewing – must take the mandatory training course. “The course must cover the laws, rules, procedures and ethics relevant to notarial acts” (ORS 194.325[3]).
Authorized classes at no charge — including free online tutorials — are conducted by the Secretary of State’s office; certified education providers approved by the Secretary of State offer courses for a fee. A list of approved and certified providers is available on the Secretary’s website (OAR 160-100-1110).Exam: Required (ORS 194.325[1]). “The exam is completed online and is an open-book, true/false and multiple-choice test, based on materials found in the Notary Public Guide, live seminars and online tutorials” (NPG).
Effective January 22, 2014, the Notary exam is no longer part of the Secretary of State’s online Notary education curriculum (website, “Notary Training”). Instead, after the Notary training, the exam will be taken in a separate online program.Application
Online or Paper: “Submit you application online; you will be taken to the web page where you can access the exam. There is also a paper application and exam that can be completed, printed, and mailed in” (NPG).
Background Screening: Upon submission of an application, a criminal background check will be performed; this will confirm that the applicant has not had a previous Notary commission revoked.
Oath of Office: If the application is approved, an email is sent to the applicant with a PDF attachment of the oath of office. The applicant must print out the oath, sign it in front of a Notary, and then submit it to the Secretary of State with the $40 processing fee. The oath must be returned within 30 days of being issued or the applicant will need to re-apply. The Secretary will accept walk-in delivery of the oath, overnight delivery, or even fax. Applicants who fax the oath back to the Secretary should ensure they fax it before 4:00 p.m. and use the Secretary’s correct fax number (NPG).
Commission Certificate: Once the oath has been filed, an email will be sent to the Notary with PDF attachment files of the Certificate of Authorization (to purchase an official stamp) and the Commission Certificate. Both may be printed out.
Official Stamp: The newly commissioned Notary may then take, or send via electronic means, the Certificate of Authorization to a maker of rubber stamps; the Notary may have more than one official stamp made. After the new Notary has purchased an official stamp and, if necessary, a journal, the Notary may begin performing notarial acts.
Background Screening: Required.
“(1) For purposes described in subsection (2) of this section, upon consent of the applicant for a commission as a notary public and upon request of the Secretary of State, the Department of State Police shall furnish to the secretary any information regarding the applicant that the department may have in its possession and any information to which the department may have access, including but not limited to the Law Enforcement Data System established in ORS 181A.280.
“(2) The department shall provide the information described in subsection (1) of this section to assist in:
“(a) Verifying the identity of an applicant for a commission as a notary public; or
“(b) Determining whether the applicant has been convicted of a felony or of a lesser offense incompatible with the duties of a notary public.
“(3) For purposes of receiving the information described in this section, the Secretary of State is a criminal justice agency under ORS 181A.010 to 181A.350 and the rules adopted under ORS 181A.230.
“(4) An individual applying for a commission as a notary public is considered, upon signing the application filed under ORS 194.315, to have given the consent necessary for purposes of subsection (1) of this section” (ORS 194.370).
“Because a notary’s whole purpose is to detect and deter fraud, Oregon statutes require notary applicants to undergo a criminal background check. The law requires that an applicant must ‘not have been convicted of a felony or any crime involving fraud, dishonesty or deceit during the 10-year period preceding the date of the application.' ORS 194.315(2)(d).” (NPG)Non-Residents: Out-of-state residents who have a place of employment or practice in Oregon may apply to become Notaries in the state; this privilege is no longer restricted just to residents of adjacent states (ORS 194.315[2][b]).
Reappointment: Notary commissions are not automatically renewed. The renewal process is identical to the initial application process, except that current Notaries who apply for renewal and pass the exam before their commission expires are exempted from the training class.
Applications for reappointment are submitted online. “You can submit a new application 30 days before the expiration of your current commission” (NPG).
“If the current notary public is applying for a new commission, the same notarial journal may be used with the new notarial commission, as long as the information required in the front of the notarial journal is updated. The notary public should indicate where the new notarial commission begins on the next journal entry line” (NPG).No Immunity or Benefit: “A commission as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees of this state” (ORS 194.315[5]).
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: “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” (OAR 160-100-0140[1][i] and “A statement under penalty of perjury that the method of electronic notarization meets the July 13, 2011 National Electronic Notarization Standards adopted by the National Association of Secretaries of State. For the purposes of this statement, the notary may rely on a vendor’s declaration that the technology does meet these standards” (OAR 160-100-0140[1][h]).
“An Oregon notary is not required to use a particular technology when notarizing electronically, but before they begin, they must first notify the Secretary of State that they intend to start notarizing electronically. Use the Electronic Notarization Notice form available online. OAR 160-100-0140 spells out the requirements for the notarization technology. In general, the notary is directed to use a kind of electronic notarization that conforms to the National Electronic Notarization Standards (NENS). The notarized document must be capable of being submitted to the Secretary of State in PDF format. An electronic notarization will still consist of an official stamp, a complete notarial certificate and the official electronic signature.
“For more information, please see the Corporation Division website. Consult with the vendor about the requirements before making any purchase of electronic notarial software, including electronic signature. Make sure the vendor meets the NENS and doesn’t just refer to E-SIGN and UETA” (NPG).
Remote Notarial Acts
Requirement: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the Secretary of State has established standards under subsection (8) of this section or ORS 194.360 for approval of communication technology or identity proofing, the communication technology and identity proofing used by the notary public must conform to those standards” (ORS 194.277[7]).
Application: “A notary public who wishes to perform notarial acts with respect to remote online notarization shall file the following information using the prescribed form with the Secretary of State before such notarization:
“(a) Commission name;
“(b) Commission number;
“(c) Public records address;
“(d) Email address;
“(e) Name of remote online notarization vendor(s);
“(f) Contact information for remote online notarization vendor(s);
“(g) Website for remote online notarization vendor(s);
“(h) Attached copy of electronic stamp and signature as generated by the remote online notarization vendor; and
“(i) A statement under penalty of perjury that the technology and method of remote online notarization meets the system requirements in this chapter. For the purposes of this statement, the notary may rely on a remote online notarization vendor’s declaration that the technology and method does meet these standards” (OAR 160-100-0146).Course: “A commissioned Notary Public may apply to the Secretary of State to perform remote online notarizations using communication technology after completing the required Remote Online Notarization training and receiving acknowledgment from the Secretary of State” (OAR 160-100-0146).
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 Listing, searchable by name or city.”
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, the notary is required by law to notify the Corporation Division within thirty (30) days. Complete the online Notary Information Change form to update the information within 30 days. [OAR 160-100-0170(3)]. The public record address is available to the public in an online database, and can be a postal address or a street address” (NPG).
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;
“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” (ORS 194.215[8][g]).
In-Person Electronic Notarial Acts: Oregon Notaries who have notified the Secretary of State that they will be performing notarial acts on electronic records may perform any of the notarial acts listed above electronically.
Remote Notarial Acts: Oregon Notaries who have notified the Secretary of State that they will be performing notarial acts for remotely located individuals may perform any of the notarial acts listed above remotely.
Acknowledgments
Definition
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the person identified in the record” (ORS 194.215[1]).
In a Representative Capacity: “‘In a representative capacity’ means acting as:
“(a) An authorized officer, agent, partner, trustee or other representative of a person other than an individual;
“(b) A public officer, personal representative, guardian, conservator, trustee or other representative, in the capacity stated in a record;
“(c) An agent of or attorney-in-fact for a principal; or
“(d) An authorized representative of another in any other capacity” (ORS 194.215[6]).
Requirements
Identity of Principal: 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….” (ORS 194.230[1]).
Signature of Principal: A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (ORS 194.230[1]).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (ORS 194.215[1]):
Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”
“The signer must personally appear, acknowledge that they willingly and knowingly signed the document, and the notary must identify the person as the one who did indeed sign” (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 of the oath, using 'I' instead of ‘you,’ or by verbal assent, saying, ‘I do,’ or, 'I will.’” (NPG).
“There should be a ceremony when administering an oath or affirmation. Both the notary and the signer should raise their right hand. The object is to ensure the signer understands that they are compelled to tell the truth” (NPG).
Verifications
Definitions
Verification on Oath or Affirmation: “‘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]).
Jurat: “This [verification on oath or affirmation] is also known as a jurat, and may be part of an affidavit” (NPG).
Requirements
Identity of Principal: “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….” (ORS 194.230[2]).
Signature of Principal: “A notarial officer who takes a verification on oath or affirmation shall determine … that the signature on the record containing the statement verified is the signature of the individual” (ORS 194.230[2]).
Oath, Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (ORS 194.285[3]) indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (ORS 194.285[3]) indicating that the notarial officer performing the verification must personally witness the principal sign the record.
Signature Witnessings or Attestations
Requirements
Identity of Principal: “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]).
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed (or attested) before me …” (ORS 194.285[3]) indicating that the notarial officer performing the verification must personally witness the principal sign the record.
“Witnessing or Attesting a Signature is when the document is signed in the presence of the notary…. (Note that this certificate differs from an acknowledgment in that the signature must be signed in the presence of the notary, whereas an acknowledgment does not have to be)” (NPG).
Copy Certifications or Attestations
Definition: “Certifying to a Copy of a Document is where the notary determines that the copy is 'a full, true and accurate transcription or reproduction of the record or item'” [ORS 194.230(4)] (NPG).
Requirements: “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]).
“In this case, the signer is not stating anything about the document, the notary is. 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 those records. If an individual wishes you to certify a copy of their articles of incorporation, for example, refer them to the 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” (ORS 194.375[1]).
“‘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]).
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]).
ID Fraud: “One of the notary’s most important responsibilities is to detect and prevent fraud where possible, so careful identification of the signer is crucial. It’s possible that a fake ID will get past you one day, but if you make a good faith effort to ensure that the IDs you verify are genuine, it is much less likely that fraud will happen on your watch.
“You can increase your chances of avoiding problems with fake IDs by adopting some basic safety measures:
“• Do not allow yourself to be rushed through checking identification
“• Never make an exception to the signer appearing before you (if your signer is signing for someone else, they MUST have a POA to prove their authority to do so)
“• Insist that the signer hand you the ID so that you can physically examine it
“• Pick a method for checking ID and use it consistently
“• If you have concerns:
“o ask for a second form of identification
“o ask questions: for example, have the signer verify details on the card like their birthdate, or correct pronunciation of their name
“• Never ‘work around’ a failed KBA (Knowledge-Based Authentication) when performing a Remote Online Notarization (RON)” (NPG).
Refusal of Services
Specific Grounds
Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record….” (ORS 194.245[1][a]).
“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).Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made…” (ORS 194.245[1][b]).
“The notary, by the act of notarizing, declares that the signer did so freely and willingly. This can be especially important when people who are easily victimized must sign legal documents; i.e., minors, the infirm, and non-English speaking individuals” (NPH)Insufficient Information or Credentials: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual has provided sufficient information or identification credentials necessary to confirm the identity of the individual” (ORS 194.245[1][c]).
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).
“[A]n 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 the 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 (and note in the notarial journal the reason why the notarization was refused)” (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 if they are going to notarize the documents” (NPG).
Selecting Certificates: “May I choose a notarial certificate to go on a document? – No. 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).
Immigration Forms: “Oregon law prohibits anyone other than a properly licensed legal professional or attorney from serving as an immigration consultant. This includes helping someone fill out immigration forms. The Department of Justice licenses non-attorney representatives who can help with immigration paperwork” (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 … [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 and suggest the customer locate a bilingual notary. Bilingual notaries can be found at consulates and embassies, in ethnic communities, at universities and community colleges, and sometimes by internet search. Translators are often notaries. A simple internet search will usually reveal notaries who are in your area that are eager to notarize in other languages. The National Notary Association maintains a directory of notaries at http://FindANotary.com that may also be helpful” (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 can 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 completed 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][b]).
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
“May I notarize for a minor? – A minor must provide acceptable ID just as an adult would. [ORS 194.240(2)].
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 notarial 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, the notary should refuse to notarize, noting why in the notarial 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 do so? – 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” (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
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]).
Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (ORS 194.305[1]).
Standards: “If the Secretary of State, by rule, has established standards pursuant to ORS 194.360 for approval of technology, the technology must conform to the standards. If the technology conforms to the standards, the Secretary of State shall approve the use of the technology” (ORS 194.305[2]).
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.