USA Statutes : oregon
Title : TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : Chapter 194 Notaries Public
As used in ORS
194.005 to 194.200:
(1) “Commercial paper” means such instruments as are within the
scope of ORS chapter 73, including drafts, checks, certificates of
deposit and notes.
(2) “Commission” means to empower to perform notarial acts and the
written authority to perform those acts.
(3) “Good moral character” means character other than that which
reflects moral turpitude and conduct which would cause a reasonable
person to have substantial doubts about an individual’s honesty, fairness
and respect for the rights of others and for the laws of the state and
the nation. To be relevant to deciding whether a person is of “good moral
character,” conduct of questionable good moral character must be
rationally connected to the applicant’s fitness to be a notary public.
(4) “Notarial act” and “notarization” have the meaning given those
terms under ORS 194.505.
(5) “Notarial certificate” and “certificate” mean the part of, or
attachment to, a notarized document for completion by the notary and
bearing the notary’s signature and official seal.
(6) “Notarial journal” means the journal described under ORS
194.152.
(7) “Notary public” and “notary” mean any person commissioned to
perform notarial acts under ORS 194.005 to 194.200.
(8) “Official misconduct” means a notary’s performance of or
failure to perform any act prohibited or mandated respectively by ORS
194.005 to 194.200 or 194.505 to 194.595, or any rule adopted under ORS
194.005 to 194.200 or 194.505 to 194.595, or any other law governing
notarization. [1967 c.541 §12; 1983 c.393 §12a; 1989 c.976 §1](Appointment and Commission)(1)
Upon application as prescribed under ORS 194.014, the Secretary of State
shall appoint and commission individual persons as notaries public.
(2) Upon appointment as a notary public, the Secretary of State
shall send to the person appointed a notarial commission and a
Certificate of Authorization with which the person appointed shall obtain
an official seal.
(3) The notary public shall retain the commission during the term
of appointment.
(4)(a) Only upon presentation by the notary public of the
Certificate of Authorization is a vendor authorized to provide the notary
with the official seal described under ORS 194.031.
(b) A vendor of official seals shall make note of the receipt of a
Certificate of Authorization by a signature of the vendor or an
authorized representative of the vendor upon the Certificate of
Authorization.
(c) Subject to the procedures set forth under ORS 194.980, any
vendor of official seals who furnishes an official seal to any person in
violation of paragraph (a) of this subsection may incur a civil penalty
in an amount, established by rule of the Secretary of State, that is
within the limits set forth under ORS 194.980 (2)(a). Once incurred, the
penalty shall be treated in all respects as a civil penalty incurred
under ORS 194.980.
(5) Each notary public may file with the Secretary of State a
statement waiving the fees specified under ORS 194.164 (1); and in such
case the office of notary public is considered nonlucrative.
(6) The functions of a notary public are not considered official
duties under section 1, Article III of the Oregon Constitution. [Amended
by 1961 c.498 §1; 1967 c.541 §1; subsection (2) enacted as 1967 c.541 §8;
1975 c.161 §3; 1977 c.128 §1; 1983 c.393 §13; 1985 c.487 §1; 1989 c.976
§2] The term of office of a notary public is
four years commencing with the effective date specified in the notarial
commission. A notary public may perform notarial acts during the term of
the commission, or until the commission is revoked, but may not perform
notarial acts during any period when the commission is suspended. [1989
c.976 §6] Every
individual person, before entering upon the duties of a notary public,
shall file with the Secretary of State a completed application for
appointment and commission as a notary public. Application shall be made
on a form prescribed by the Secretary of State and shall include an oath
of office, the legal name and an official signature. Each applicant for
appointment and commission as a notary public shall swear, under penalty
of perjury, that the answers to all questions on the application are true
and complete to the best of the applicant’s knowledge, and that the
applicant is qualified to be appointed and commissioned as a notary
public. The application process shall be ordered or arranged so that
applications may be readily submitted by mail. [1989 c.976 §4] (1) To defray costs incurred by the
Secretary of State to process the application made under ORS 194.014,
each applicant for appointment as a notary public shall pay in advance to
the Secretary of State a nonrefundable application fee not to exceed $20.
(2) Any fee received by the Secretary of State under subsection (1)
of this section shall be deposited in the State Treasury and credited to
the Operating Account under ORS 56.041, and is in lieu of any fee charged
under ORS 177.130. [Amended by 1957 s.s. c.7 §1; 1967 c.541 §3; 1983
c.393 §16; 1989 c.976 §9; 1993 c.66 §10] (1)
A person appointed and commissioned as a notary public must:
(a) Be 18 years of age or older at the time of appointment.
(b) Be a resident of this state at the time of appointment, or be a
resident of an adjacent state and be regularly employed or carry on a
trade or business within this state at the time of appointment.
(c) Be able to read and write the English language at the time of
appointment.
(d) Be of good moral character.
(e) Not have had a notary commission revoked for official
misconduct during the five-year period preceding the date of application.
(f) Not have been convicted of a felony, or of a lesser offense
incompatible with the duties of a notary public, during the 10-year
period preceding the date of application.
(g) Have satisfactorily completed a written examination prescribed
by the Secretary of State to determine the fitness of the person to
exercise the functions of the office of notary public.
(h) Have satisfactorily completed a three-hour notary public
education course that:
(A) Includes, but is not limited to, instruction on the laws,
rules, practices and procedures relating to notaries public; or
(B) If the person is employed, includes, but is not limited to,
instruction on the laws, rules, practices and procedures relating to the
notary public functions to be performed by a notary public in the course
of employment.
(2) The Secretary of State shall:
(a) Make the written examination required by subsection (1) of this
section a part of the application form.
(b) Furnish study materials relating to the written examination
without charge upon request of the applicant. [1989 c.976 §7; 2005 c.733
§3]Note: The amendments to 194.022 by section 3, chapter 733, Oregon
Laws 2005, become operative July 1, 2006, and apply to applications for
appointment as a notary public made on or after July 1, 2006. See
sections 5 and 6, chapter 733, Oregon Laws 2005. The text that is
operative until July 1, 2006, is set forth for the user’s convenience.
194.022. Every person appointed and commissioned as a notary public
shall:
(1) Be at the time of appointment 18 years of age or older.
(2) Be at the time of appointment a resident of this state, or be a
resident of an adjacent state and be regularly employed or carry on a
trade or business within this state.
(3) At the time of appointment, be able to read and write the
English language.
(4) Be of good moral character.
(5) Not have had a notary commission revoked for official
misconduct during the five-year period preceding the date of application.
(6) Not have been convicted of a felony, or of a lesser offense
incompatible with the duties of a notary public, during the 10-year
period preceding the date of application.
(7) Have satisfactorily completed a written examination prescribed
by the Secretary of State to determine the fitness of the person to
exercise the functions of the office of notary public. The written
examination shall be included as part of the application form and the
examination shall allow questions to be answered on an open-book basis.
Answers to the questions shall be discernible from a review of the
application materials furnished to the applicant. (1) To assist in
determining the identity of an applicant for notary public, or if the
applicant has been convicted of a felony or of a lesser offense
incompatible with the duties of a notary public, upon consent of the
person making application for appointment as notary public and upon
request of the Secretary of State, the Department of State Police shall
furnish to the Secretary of State any information that the department may
have in its possession from its central bureau of criminal
identification, including but not limited to manual or computerized
information and any information to which the department may have access,
including but not limited to the Law Enforcement Data System established
in ORS 181.730. For purposes of receiving the information described in
this subsection, the Secretary of State is a “criminal justice agency”
under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted
under ORS 181.555.
(2) A person making application for appointment as notary public
shall be deemed, upon signing or with signature upon the application
filed under ORS 194.014, to have given the consent necessary for purposes
of subsection (1) of this section. [1989 c.976 §8; 1993 c.188 §14] (1) The Secretary
of State:
(a) Shall offer one or more notary public education courses each
calendar year.
(b) May certify providers of notary public education courses,
including employers of notaries public, to provide the courses required
by this subsection if the secretary determines that the provider offers
an education program curriculum similar to the education program
curriculum offered by the secretary.
(c) Shall adopt rules establishing the requirements for
certification as a provider of notary public education courses.
(2) A person may satisfy the notary public education requirement
under ORS 194.022 by taking a course offered by the secretary or by a
provider of notary public education courses certified by the secretary.
[2005 c.733 §2]Note: 194.028 becomes operative July 1, 2006, and applies to
applications for appointment as a notary public made on or after July 1,
2006. See sections 5 and 6, chapter 733, Oregon Laws 2005.(1) The official seal
of a notary public shall be a stamp made of rubber or some other
substance capable of making a legible imprint on paper in black ink. The
imprint must legibly reproduce under photographic methods.
(2) The Secretary of State shall adopt rules prescribing the size
and form of the imprint of the official seal to promote uniformity,
legibility and permanency.
(3) Except as provided in subsection (4) of this section, the
attempt to notarize an instrument required to be notarized shall be of no
effect unless it bears an imprint of the official seal of the notary who
performed the notarization made in the manner required under subsections
(1) and (2) of this section.
(4) The imprint of the official seal of a notary public shall not
be required to effectuate a notarization of a subdivision or partition
plat required under ORS 92.010 to 92.190 or a condominium plat required
under ORS 100.115, or any replat, supplement or amendment thereto, if the
following appear below the notary’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 complete year.
(5) Upon delivery of an official seal to a notary public, the
notary public shall cause an imprint of the official seal to be filed in
the office of the Secretary of State, together with any other information
that is by rule required. The filing shall be done in the manner and
within the time prescribed by rule.
(6) Any notary whose official seal is lost, misplaced, destroyed,
broken, damaged or that is otherwise unworkable shall immediately mail or
deliver written notice of that fact to the Secretary of State. The
Secretary of State shall issue a Certificate of Authorization which the
notary public may use to obtain a replacement seal.
(7) A seal embosser may be used as an adjunct to the official seal.
The use of the seal embosser shall be in compliance with any rules
adopted by the Secretary of State. [1967 c.541 §6 (enacted in lieu of
194.030); 1983 c.393 §17; 1989 c.976 §10; 2001 c.63 §1](1) The Secretary of State
shall keep a record of appointment and commission of each notary public.
The Secretary of State may certify as to the term of office of such
notary public and imprint upon all instruments requiring a notarial
certificate.
(2) Full faith and credit shall be given to all protestations,
attestations and other instruments of publication of all notaries public
appointed under ORS 194.010. [Amended by 1967 c.541 §9; 1983 c.393 §18;
1989 c.976 §11] Each notary public
appointed and commissioned by the Secretary of State may perform notarial
acts anywhere within this state. A notary public so appointed and
commissioned may not perform notarial acts in another state, but may
notarize a document originating in another state if the notarization is
performed in this state. [1989 c.976 §5] Any person appointed and commissioned as
a notary public whose residential or business address is changed shall,
within 30 days after the change, mail or deliver a notice of address
change to the Secretary of State. The notice shall include the old
address and the new address. [1989 c.976 §13] (1) A notary public with a
change of name under ORS 33.410 to 33.440 or otherwise may continue to
use the current commissioned name until the expiration date of the
commission. If the notary, however, wishes to use the new name in
performing a notarial act, the notary must apply for an amended
commission by completing a Change of Name Form and submitting the
required fee for amended commission, as adopted by rule. The Secretary of
State shall send an amended notarial commission to the person appointed,
together with a Certificate of Authorization with which the notary shall
obtain a new seal, the new seal to be as described under ORS 194.031.
(2) If a notary public whose name is changed does not wish to
change the commission to the new name, the notary public shall, in any
case, within 30 days after the change is effective, mail or deliver a
notice of name change to the Secretary of State. The notice shall include
the old name and the new name. [1989 c.976 §14] (1) A person
may not be automatically reappointed as a notary public.
(2) Prior to expiration of a commission, a notary public may apply
for a new commission in the manner provided by ORS 194.005 to 194.200,
except that the person is not required to take the notary public
education course described in ORS 194.022.
(3) A person shall resign a notarial commission by mailing or
delivering a letter of resignation indicating the effective date of the
resignation to the Secretary of State, if:
(a) The person no longer desires to be commissioned as a notary
public;
(b) The person ceases to reside in Oregon, or if the person is a
nonresident notary, ceases to be regularly employed or to carry on a
trade or business within Oregon; or
(c) The person becomes unable to read or write. [1967 c.541 §11;
1977 c.128 §2; 1983 c.393 §21; 1985 c.487 §2; 1989 c.976 §17; 2005 c.733
§4]Note: The amendments to 194.063 by section 4, chapter 733, Oregon
Laws 2005, become operative July 1, 2006, and apply to applications for
appointment as a notary public made on or after July 1, 2006. See
sections 5 and 6, chapter 733, Oregon Laws 2005. The text that is
operative until July 1, 2006, is set forth for the user’s convenience.
194.063. (1) No person may be automatically reappointed as a notary
public.
(2) Prior to expiration of a commission, a notary public may apply
for a new commission in the manner provided by ORS 194.005 to 194.200,
and subject to the qualifications prescribed therein.
(3) A person shall resign a notarial commission by mailing or
delivering a letter of resignation indicating the effective date of the
resignation to the Secretary of State, if:
(a) The person no longer desires to be commissioned as a notary
public;
(b) The person ceases to reside in Oregon, or if the person is a
nonresident notary, ceases to be regularly employed or to carry on a
trade or business within Oregon; or
(c) The person becomes unable to read or write.(Commercial Paper) Each notary public who
protests any commercial paper shall take such actions as are required by
ORS 73.0505. [Amended by 1967 c.541 §13; 1993 c.545 §123] Each notary public
shall cause a record to be kept of all protests of commercial paper made
by the notary public under ORS 73.0505. Such record is competent evidence
to prove notice of dishonor for purposes of ORS 73.0505. [Amended by 1967
c.541 §14; 1993 c.545 §124]
(1) A notary public who is a stockholder, director, officer or employee
of a bank or trust company or other corporation may:
(a) Take the acknowledgment of any party to any written instrument
executed to or by such corporation;
(b) Administer an oath to any other stockholder, director, officer,
employee or agent of such corporation; and
(c) Protest commercial paper owned or held for collection by such
corporation.
(2) A notary public shall not:
(a) Take the acknowledgment of an instrument executed by or to a
bank or trust company or other corporation of which the notary is a
stockholder, director, officer or employee, if the notary is a party to
such instrument, either individually or as a representative of such
corporation; or
(b) Protest any commercial paper owned or held for collection by
such corporation, if the notary is individually a party to the
instrument. [Amended by 1967 c.541 §15](1) Whenever the office of a notary public becomes vacant, the
record referred to in ORS 194.090 kept by the notary public, together
with all the papers relating to such record, shall be deposited in the
office of the Secretary of State. Any notary public neglecting for the
space of three months after resignation or removal from office to deposit
such record and papers in the Secretary of State’s office, or any
executor or administrator of a deceased notary public neglecting for the
space of three months after the acceptance of that trust to lodge in the
Secretary of State’s office such record and papers as come into the hands
of the notary public, shall forfeit not more than $500.
(2) If any person knowingly destroys, defaces, materially alters or
conceals any record or paper of a notary public, that person shall
forfeit not more than $500, and shall be liable to an action for damages
by the party injured. [Amended by 1967 c.541 §19]All forfeitures under ORS 194.130
shall be recovered in a civil action in any court having jurisdiction of
the same in the county where the notary public resides or is employed or
is carrying on business. One-half shall be paid to the person bringing
the action and one-half shall be paid to the State Treasurer to be
credited to the General Fund. [Amended by 1967 c.541 §20; 1985 c.487 §3](Duties; Prohibitions) (1) Each
notary public shall provide, keep, maintain and protect one or more
chronological journals of notarial acts performed by the notary public
except for administering an oath or affirmation or certifying or
attesting a copy.
(2) The Secretary of State shall adopt rules prescribing the form
of the notarial journal to promote uniformity and establish the retention
or disposition of the notarial journal and other notarial records, and
prescribe rules to provide for exceptions to the notarial journal.
(3) A notary public who is an employee may enter into an agreement
with the employer pursuant to which agreement the notarial journal or
journals of the notary, in compliance with rules adopted under subsection
(2) of this section, are retained or disposed of by the employer upon
termination of employment.
(4) A notarial journal in the possession of a notary public who is
not a public official or employee is exempt from disclosure under ORS
192.410 to 192.505. A notarial journal in the possession of the Secretary
of State, or in the possession of a notary public who is a public
official or employee, is not exempt from disclosure under ORS 192.410 to
192.505 unless the Secretary of State or other custodian determines that
the public interest in disclosure is outweighed by the interests of the
parties in keeping the journal record of the notarial act confidential. A
determination by the Secretary of State or other custodian under this
subsection is subject to review under ORS 192.410 to 192.505.
(5) This section does not apply to the record of protests of
commercial paper which shall be as provided in ORS 194.090. [1989 c.976
§15](1)(a) A notary public
whose notarial commission is resigned or revoked shall deliver the
official seal to the Secretary of State within the time specified under
subsection (2) of this section for disposition of the notarial journal
and records.
(b) Upon normal expiration of a notarial commission, the notary
public shall destroy the official seal as soon as is reasonably
practicable.
(2) Except as provided under subsection (3) of this section, a
notary public whose notarial commission is resigned, revoked or expired
shall dispose of the notarial journal and records pursuant to rules
adopted by the Secretary of State within 30 days after the effective date
of the resignation, revocation or expiration, whichever occurs first.
(3) A former notary who intends to apply for a new commission need
not dispose of the notarial journal and records within 30 days after
commission expiration, but must do so within three months after
expiration unless newly commissioned within that period. [1989 c.976 §19]If a notary dies during the term of commission, the
notary’s heirs or personal representative, as soon as reasonably
practicable after death, shall:
(1) Deliver the official seal to the Secretary of State; and
(2) Notify the Secretary of State in writing of the date of death
and of the manner in which the notarial journal and records have been
disposed. Disposition, after death, of the notarial journal and records
shall be as provided by rule. [1989 c.976 §20] (1) A notary public may not perform a
notarial act if the notary is a signer of or named in the document that
is to be notarized.
(2) A notary may not indorse or promote any product, service,
contest or other offering if the notary’s title or seal is used in the
indorsement or promotional statement. [1989 c.976 §§21,22](1) A notary public may select notarial certificates
pursuant to ORS 194.005 to 194.200 and 194.505 to 194.595.
(2) A notary may not make representations to have powers,
qualifications, rights or privileges that the office of notary does not
have including the power to counsel on immigration matters.
(3) A notary who is not licensed to practice law in this state and
who advertises notarial services in a language other than English shall
include in the advertisement, notice or sign, in the same language and in
English, the following:
(a) A statement, prominently displayed: “I am not licensed to
practice law in the State of Oregon and I am not permitted to give legal
advice on immigration or other legal matters or accept fees for legal
advice.”; and
(b) The fees for notarial acts specified under ORS 194.164.
(4) The notary shall post the notice required under subsection (3)
of this section in a conspicuous place in the notary’s place of business.
(5) A person may not use the term “notario publico” or any
equivalent non-English term, in any business card, advertisement, notice,
sign or in any other manner that misrepresents the authority of a notary
public. [1989 c.976 §23](Fees for Notarial Acts) (1) The
Secretary of State shall adopt by rule a schedule fixing the maximum fees
that a notary public may charge for performing notarial acts. The
schedule shall include, but not be limited to, maximum fees for the
following notarial acts:
(a) Acknowledgments.
(b) Oaths or affirmations without a signature.
(c) Verifications upon oath or affirmation.
(d) Copy certifications.
(e) Protesting commercial paper, except that no fees shall be
allowed for protesting a check because of the insolvency of the financial
institution upon which the check was written.
(2) 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 fee specified under subsection (1) of
this section and is not required by law; and
(b) The person requesting the notarial act agrees in advance upon
the amount of the additional fee.
(3) Notaries shall display an English-language schedule of fees for
notarial acts, as specified under subsection (1) of this section. [1989
c.976 §24; 1997 c.631 §424](Refusal to Appoint; Revocation and Suspension of Commissions)The Secretary of State may refuse to appoint any person as
notary public or may revoke or suspend the commission of any notary
public upon any of the following grounds:
(1) Failure to meet or maintain the qualifications required under
ORS 194.005 to 194.200 or refusal of the consent described under ORS
194.024.
(2) Substantial and material misstatement or omission of fact in
the application submitted to the Secretary of State.
(3) Engaging in official misconduct.
(4) Conviction of a felony, or of a lesser offense incompatible
with the duties of a notary public.
(5) Revocation, suspension, restriction or denial of a professional
license issued by a governmental entity, if the revocation, suspension,
restriction or denial was for misconduct, dishonesty or any cause
substantially relating to the duties or responsibilities of a notary
public.
(6) When adjudged liable for damages in any suit grounded in fraud
or misrepresentation or in any suit based upon a failure to discharge
fully and faithfully the duties as notary public.
(7) The use of false or misleading advertising wherein the notary
public has represented that the notary public has powers, qualifications,
rights or privileges that the office of notary does not have, including
the power to counsel on immigration matters.
(8) Engaging in the unauthorized practice of law.
(9) Charging more than the maximum fees adopted by the Secretary of
State by rule under ORS 194.164.
(10) Failure to comply with ORS 194.162 (3) and (4).
(11) Commission of any act involving dishonesty, fraud or deceit
with the intent to substantially benefit the notary public or another or
substantially injure another.
(12) Failure to complete an acknowledgment at the time the notary’s
signature and official seal are affixed to the document.
(13) Execution of any certificate as a notary public containing a
statement known to the notary public to be false.
(14) Using officially an official seal, seal embosser or other
device making an imprint or impression that does not conform to ORS
194.031 or to the rules of the Secretary of State.
(15) Failure to give notice of change of address as required under
ORS 194.047 or apply for, or give notice of, a change of name as required
under ORS 194.052. [1989 c.976 §25](1) If the Secretary of State proposes to refuse to issue, or
to suspend or revoke, a commission of a notary public, opportunity for
hearing shall be accorded as provided in ORS chapter 183 for a contested
case. If the notary public does not request a hearing, revocation or
suspension of the commission shall be effective 10 days after service of
the Secretary of State’s order.
(2) Judicial review of orders under subsection (1) of this section
shall be as provided under ORS chapter 183 for a contested case. [1989
c.976 §26]
(1) A person injured by a violation of ORS 194.166 (7), (8), (10)
or (11) may bring an individual action in an appropriate court to recover
actual damages or $200, whichever is greater. The court or the jury, as
the case may be, may award punitive damages and the court may provide
such equitable relief as it deems necessary or proper. In addition to any
other remedies awarded by the court, the prevailing party may be awarded
attorney fees and costs and disbursements, at trial and on appeal.
(2) The Secretary of State or any private individual injured by a
violation of ORS 194.166 (7), (8), (10) or (11) may bring a civil suit to
enjoin the violation. In addition to any other remedies awarded by the
court, the prevailing party may be awarded attorney fees and costs and
disbursements, at trial and on appeal.
(3) An employer of a notary is liable to the notary for all damages
recovered from the notary as a result of official misconduct 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
notarization. [1983 c.506 §4; 1989 c.976 §29](Enforcement)If, in the opinion of the Secretary of State, any
alleged violation of ORS 194.005 to 194.200, 194.505 to 194.595 or
194.990 is not being investigated or prosecuted, the Secretary of State
may direct the Attorney General to take full charge of the investigation
or prosecution. If so directed, the Attorney General shall take full
charge of the investigation or prosecution and the provisions of ORS
180.070, 180.080 and 180.090 shall apply. Notwithstanding ORS 180.070
(3), expenses associated with the Attorney General’s investigation or
prosecution shall be paid from the Operating Account under ORS 56.041.
[1983 c.393 §23; 1989 c.976 §30; 1993 c.66 §11](Rules) Subject to ORS chapter 183, the Secretary of State
may adopt rules to carry out the purposes of ORS 194.005 to 194.200 and
194.505 to 194.595. [1989 c.976 §32]UNIFORM LAW ON NOTARIAL ACTS
(1) An “acknowledgment” is a statement by a person that the person
has executed an instrument for the purposes stated therein and, if the
instrument is executed in a representative capacity, that the person
signed the instrument with proper authority and executed it as the act of
the person or entity represented and identified therein.
(2) “In a representative capacity” means:
(a) For and on behalf of a corporation, partnership, trust or other
entity, as an authorized officer, agent, partner, trustee or other
representative;
(b) As a public officer, personal representative, guardian or other
representative, in the capacity recited in the instrument;
(c) As an attorney-in-fact for a principal; or
(d) In any other capacity as an authorized representative of
another.
(3) A “notarial act” or “notarization” is any act that a notary
public of this state is authorized to perform, and includes taking an
acknowledgment, administering an oath or affirmation, taking a
verification upon oath or affirmation, witnessing or attesting a
signature, certifying or attesting a copy and noting a protest of a
negotiable instrument.
(4) “Notarial officer” means a notary public or any other officer
authorized to perform notarial acts.
(5) “Oath” and “affirmation” mean a notarial act or part thereof in
which a notary certifies that a person made a vow in the presence of the
notary on penalty of perjury.
(6) A “verification upon oath or affirmation” is a statement by a
person who asserts it to be true and makes the assertion upon oath or
affirmation. [1983 c.393 §2; 1989 c.976 §33; 1997 c.185 §1] (1) In taking an acknowledgment, the
notarial officer must determine, either from personal knowledge or from
satisfactory evidence, that the person appearing before the officer and
making the acknowledgment is the person whose true signature is on the
instrument.
(2) In taking a verification upon oath or affirmation, the notarial
officer must determine, either from personal knowledge or from
satisfactory evidence, that the person appearing before the officer and
making the verification is the person whose true signature is on the
statement verified.
(3) In witnessing or attesting a signature the notarial officer
must determine, either from personal knowledge or from satisfactory
evidence, that the signature is that of the person appearing before the
officer and named therein.
(4) In certifying or attesting a copy of a document or other item,
the notarial officer must determine that the proffered copy is a full,
true and accurate transcription or reproduction of that which was copied.
(5) In making or noting a protest of a negotiable instrument a
notarial officer must determine the matters set forth in ORS 73.0505.
(6) A notarial officer has satisfactory evidence that a person is
the person whose true signature is on a document if that person:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible
witness personally known to the notarial officer; or
(c) Is identified on the basis of identification documents.
(7) For purposes of this section, “personally known” means
familiarity with a person resulting from interactions with that person
over a period of time sufficient to eliminate every reasonable doubt that
the person has the identity claimed.
(8) For purposes of subsection (6)(c) of this section, a notarial
officer has satisfactory evidence upon which to identify a person if:
(a) The person produces at least one current document issued by the
federal government or a state, county, municipal or other local
government and containing the person’s photograph, signature and physical
description;
(b) The person produces at least two current documents, each issued
by an institution, a business entity, the federal government or a state,
county, municipal or other local government and each containing the
person’s signature; or
(c) The person is confined in a correctional facility and has been
positively identified through examination or comparison of official
government documents or records.
(9) If a notarial officer is also an employee of a financial
institution, as defined in ORS 706.008, and the person to be identified
is a customer of the financial institution, one of the two current
documents required under subsection (8)(b) of this section may be a
signature card signed by the customer and held by the financial
institution in connection with the financial institution’s transactions
with the customer. [1983 c.393 §3; 1993 c.545 §125; 1997 c.185 §2; 1999
c.59 §49; 2003 c.533 §1](1) A notarial act may be performed within this state by the
following persons:
(a) A notary public of this state; or
(b) A judge, clerk or deputy clerk of any court of this state.
(2) Notarial acts performed within this state under federal
authority as provided in ORS 194.545 have the same effect as if performed
by a notarial officer of this state.
(3) The signature and title of a person performing a notarial act
are prima facie evidence that the signature is genuine and that the
person holds the designated title. [1983 c.393 §4]
(1) A notarial act has the same effect under the law of this state as if
performed by a notarial officer of this state, if performed in another
state, commonwealth, territory, district or possession of the United
States by any of the following persons:
(a) A notary public of that jurisdiction;
(b) A judge, clerk or deputy clerk of a court of that jurisdiction;
or
(c) Any other person authorized by the law of that jurisdiction to
perform notarial acts.
(2) Notarial acts performed in other jurisdictions of the United
States under federal authority as provided in ORS 194.545 have the same
effect as if performed by a notarial officer of this state.
(3) The signature and title of a person performing a notarial act
are prima facie evidence that the signature is genuine and that the
person holds the designated title.
(4) The signature and title of an officer listed in subsection
(1)(a) or (b) of this section conclusively establish the authority of a
holder of that title to perform a notarial act. [1983 c.393 §5] (1) A notarial act
has the same effect under the law of this state as if performed by a
notarial officer of this state if performed anywhere by any of the
following persons under authority granted by the law of the United States:
(a) A judge, clerk or deputy clerk of a court;
(b) A commissioned officer on active duty with the military
services of the United States;
(c) An officer of the foreign service or consular officer of the
United States; or
(d) Any other person authorized by federal law to perform notarial
acts.
(2) The signature and title of a person performing a notarial act
are prima facie evidence that the signature is genuine and that the
person holds the designated title.
(3) The signature and title of an officer listed in subsection
(1)(a) to (c) of this section conclusively establish the authority of a
holder of that title to perform a notarial act. [1983 c.393 §6] (1) A notarial act has the same
effect under the law of this state as if performed by a notarial officer
of this state if performed within the jurisdiction of and under authority
of a foreign nation or its constituent units or a multinational or
international organization by any of the following persons:
(a) A notary public or notary;
(b) A judge, clerk or deputy clerk of a court of record; or
(c) Any other person authorized by the law of that jurisdiction to
perform notarial acts.
(2) An “Apostille” in the form prescribed by the Hague Convention
of October 5, 1961, conclusively establishes that the signature of the
notarial officer is genuine and that the officer holds the designated
office.
(3) A certificate by a foreign service or consular officer of the
United States stationed in the nation under the jurisdiction of which the
notarial act was performed, or a certificate by a foreign service or
consular officer of that nation stationed in the United States,
conclusively establishes any matter relating to the authenticity or
validity of the notarial act set forth in the certificate.
(4) An official stamp or seal of the person performing the notarial
act is prima facie evidence that the signature is genuine and that the
person holds the designated title.
(5) An official stamp or seal of an officer listed in subsection
(1)(a) or (b) of this section is prima facie evidence that a person with
that title has authority to perform notarial acts.
(6) If the title of office and indication of authority to perform
notarial acts appears either in a digest of foreign law or in a list
customarily used as a source for that information, it conclusively
establishes the authority of an officer with that title to perform
notarial acts. [1983 c.393 §7] (1) A notarial act must be
evidenced by a certificate signed and dated by a notarial officer. The
certificate must include identification of the jurisdiction in which the
notarial act is performed and the title of the office the notarial
officer holds and may include the official stamp or seal of office. If
the officer is a notary public, the certificate must also indicate the
date of expiration, if any, of the commission of office, but omission of
that information may subsequently be corrected. If the officer is a
commissioned officer on active duty with the military services of the
United States, it must also include the officer’s rank.
(2) A certificate of a notarial act is sufficient if it meets the
requirements of subsection (1) of this section and it:
(a) Is in the short form set forth in ORS 194.575;
(b) Is in a form otherwise prescribed by the law of this state;
(c) Is in a form prescribed by the laws or regulations applicable
in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are
sufficient to meet the requirements of the designated notarial act.
(3) By executing a certificate of a notarial act, the notarial
officer certifies that the officer has made the determinations required
by ORS 194.515. [1983 c.393 §8] The following short form certificates of
notarial acts are sufficient for the purposes indicated, if completed
with the information required by ORS 194.565 (1):
(1) For an acknowledgment in an individual capacity:
State of ______________
County of ____________
This instrument was acknowledged before me on _________ (date) by
__________________. (name(s) of person(s))
______________________
(Signature of notarial officer)
(Seal, if any)
______________________
Title (and Rank)
My commission expires: ________
(2) For an acknowledgment in a representative capacity:
State of ______________
County of ____________
This instrument was acknowledged before me on _________ (date) by
__________________ (name(s) of person(s)) as __________________ (type of
authority, e.g., officer, trustee, etc.) of__________________. (name of
party on behalf of whom instrument was executed)
______________________
(Signature of notarial officer)
(Seal, if any)
______________________
Title (and Rank)
My commission expires: ________
(3) For a verification upon oath or affirmation:
State of ______________
County of ____________
Signed and sworn to (or affirmed) before me on _________ (date)
by__________________. (name(s) of person(s) making statement)
______________________
(Signature of notarial officer)
(Seal, if any)
______________________
Title (and Rank)
My commission expires: ________
(4) For witnessing or attesting a signature:
State of ______________
County of ____________
Signed or attested before me on __________________ (date)
by__________________. (name(s) of person(s))
__________________
(Signature of notarial officer)
(Seal, if any)
______________________
Title (and Rank)
My commission expires: ________
(5) For attestation of a copy of a document:
State of ______________
County of ____________
I certify that this is a true and correct copy of a document in the
possession of__________________.
Dated: __________________
______________________
(Signature of notarial officer)
(Seal, if any)
__________________
Title (and Rank)
My commission expires: ________ [1983 c.393 §9](1) As used in this section, “blind person” and
“visually impaired individual” have the meanings given those terms in ORS
346.110.
(2) Notwithstanding any provision of ORS 194.005 to 194.200 or ORS
194.505 to 194.595:
(a) A blind person, a visually impaired individual or a person with
a disability who is unable to sign any document because of the disability
may use a signature stamp whenever the signature of the person is
required on any document presented for notarization;
(b) In performing any notarial act involving the signature of a
person described in paragraph (a) of this subsection, a notarial officer,
in the manner prescribed by the Secretary of State by rule, shall witness
the use of the signature stamp and accept the stamp in lieu of the
signature of the person; and
(c) The notarial certificate of an act signed with a signature
stamp shall contain the phrase “signed by stamp before me” or words to
that effect. [1999 c.333 §2] (1) As used in this
section, “electronic signature” has the meaning given that term in ORS
84.004.
(2) Notwithstanding any provision of ORS 194.005 to 194.200 or
194.505 to 194.595:
(a) A person may use an electronic signature in the manner
prescribed by the Secretary of State by rule whenever the signature of
the person is required on any electronic document presented for
notarization;
(b) In performing any notarial act involving an electronic
signature of a person described in paragraph (a) of this subsection, a
notarial officer, in the manner prescribed by the Secretary of State by
rule, shall accept the electronic signature of the person; and
(c) In addition to the requirements of ORS 194.505 to 194.595, the
notarial certificate of an act signed with an electronic signature shall
be attached electronically by the notarial officer in the manner
prescribed by the Secretary of State by rule and shall contain the phrase
“signed by electronic signature” or words to that effect.
(3) The Secretary of State shall adopt rules necessary to implement
this section. [1999 c.718 §5; 2001 c.535 §29]ORS 194.505 to
194.575 shall be applied and construed to effectuate its general purpose
to make uniform the law with respect to the subject of ORS 194.505 to
194.575 among states enacting it. [1983 c.393 §11]ORS 194.505 to 194.595 may be cited as the
Uniform Law on Notarial Acts. [1983 c.393 §12]FUNDING All moneys received by the Secretary
of State under this chapter shall be paid into the State Treasury and
credited to the Operating Account under ORS 56.041. [1983 c.393 §15; 1993
c.66 §9]PENALTIES (1) In
addition to any other penalty provided by law, any notary public who is
found to have performed an act of official misconduct may incur a civil
penalty in the amount adopted under subsection (2) of this section, plus
any costs of service or recording costs.
(2)(a) The Secretary of State shall by rule establish the amount of
civil penalty that may be imposed for a particular act of official
misconduct. A civil penalty shall not exceed $1,500 per act of official
misconduct.
(b) In imposing a penalty authorized by this section, the Secretary
of State may consider the following factors:
(A) The past history of the person incurring a penalty in taking
all feasible steps or procedures necessary or appropriate to correct any
official misconduct.
(B) Any prior acts of official misconduct.
(C) The gravity and magnitude of the official misconduct.
(D) Whether the official misconduct was repeated or continuous.
(E) Whether the cause of the official misconduct was an unavoidable
accident, negligence or an intentional act.
(F) Any relevant rule of the Secretary of State.
(G) The notary’s cooperativeness and efforts to correct the act of
official misconduct.
(c) The penalty imposed under this section may be paid upon those
terms and conditions as the Secretary of State determines to be proper
and consistent with the public benefit. Upon request of the notary
incurring the penalty, the Secretary of State shall consider evidence of
the economic and financial condition of the notary in determining whether
a penalty shall be paid.
(3) Imposition or payment of a civil penalty under this section
shall not be a bar to any action or suit described in ORS 194.200, to a
criminal proceeding or to a proceeding under ORS 194.168.
(4) A civil penalty shall not be imposed under this section until
the notary public incurring the penalty has been given notice in writing
from the Secretary of State specifying the violation. The notice is in
addition to the notice required under ORS 183.745 and shall be served in
the same manner as the notice required under ORS 183.745.
(5)(a) After initial notice as provided in subsection (4) of this
section, a civil penalty may be imposed in the manner provided in ORS
183.745.
(b) The Secretary of State may delegate to a hearings officer
appointed by the Secretary of State, upon such conditions as deemed
necessary, all or part of the authority to conduct hearings required
under ORS 183.745.
(6) Notwithstanding ORS 180.070 (3), expenses incurred by the
Secretary of State or Attorney General under subsections (1) to (5) of
this section or under ORS 194.200 (2) shall be paid from the Operating
Account under ORS 56.041.
(7) All civil penalties and costs recovered under this section
shall be paid into the Operating Account under ORS 56.041. [1989 c.976
§28; 1991 c.734 §11; 1993 c.66 §12] In lieu of a
civil penalty imposed under ORS 194.980, the Secretary of State may
deliver a written Official Warning to Cease Official Misconduct to any
notary whose actions are judged by the Secretary of State to be official
misconduct. [1989 c.976 §27] (1) If punishment therefor is not
otherwise provided for:
(a) A notary who knowingly and repeatedly performs or fails to
perform any act prohibited or mandated respectively by ORS 194.005 to
194.200 or 194.505 to 194.595, or rules adopted thereunder, is guilty of
a Class B misdemeanor.
(b) Any person not a notary public who knowingly acts as or
otherwise impersonates a notary public is guilty of a Class B misdemeanor.
(c) Any person who knowingly obtains, conceals, defaces or destroys
the official seal, journal or official records of a notary public is
guilty of a Class B misdemeanor.
(d) Any person who knowingly solicits, coerces or in any way
influences a notary public to commit official misconduct is guilty of a
Class B misdemeanor.
(2) The remedies of subsection (1) of this section supplement other
remedies provided by law.
(3) The clerk of the court in which a conviction under any
provision of subsection (1) of this section is had shall forthwith
transmit to the Secretary of State a duly certified copy of the judgment,
which is sufficient grounds for revocation of the commission of the
convicted notary public. [Amended by 1967 c.541 §21; 1989 c.976 §34]
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