2007 Oregon Code - Chapter 194 :: Chapter 194 - Notaries Public
Chapter 194 —
Notaries Public
2007 EDITION
NOTARIES PUBLIC
MISCELLANEOUS MATTERS
NOTARIES PUBLIC
(Definitions)
194.005Â Â Â Â Definitions
for ORS 194.005 to 194.200
(Appointment and Commission)
194.010Â Â Â Â Appointment
of notary public; Certificate of Authorization; office may be nonlucrative;
functions not official duties; rules
194.012Â Â Â Â Term
of office
194.014Â Â Â Â Application
for appointment and commission
194.020Â Â Â Â Fee
for application
194.022Â Â Â Â Qualifications;
written examination; education course
194.024Â Â Â Â Investigation
of applicant; consent
194.028Â Â Â Â Notary
public education courses; rules
194.031Â Â Â Â Notarial
seal; exception for notarization of certain plats; filing of sample imprint;
replacement seal; rules
194.040Â Â Â Â Record
of appointments and commissions; Secretary of StateÂ’s power to certify status
of notary
194.043Â Â Â Â Scope
of appointment and commission
194.047Â Â Â Â Change
of address
194.052Â Â Â Â Change
of name; fee; rules
194.063Â Â Â Â Application
for new commission; resignation
(Commercial Paper)
194.070Â Â Â Â Protesting
commercial paper
194.090Â Â Â Â Record
of protest; effect as evidence
194.100Â Â Â Â Powers
of notary connected with corporation; limitations
194.130Â Â Â Â Disposition
of records on vacancy in office; penalty for failure to properly dispose of
records or for destroying or altering records
194.150Â Â Â Â Recovery
of forfeitures
(Duties; Prohibitions)
194.152Â Â Â Â Journal
of notarial acts; rules; disclosure
194.154Â Â Â Â Disposition
of seal and notarial journal upon resignation, revocation or expiration of
commission; rules
194.156Â Â Â Â Disposition
of seal and notarial journal upon death of notary; rules
194.158Â Â Â Â Prohibited
acts
194.162Â Â Â Â Misrepresentation
of notarial powers; notice of notarial powers and fees
(Fees for Notarial Acts)
194.164Â Â Â Â Maximum
fees for notarial acts; exception; rules
(Refusal to Appoint; Revocation and
Suspension of Commissions)
194.166Â Â Â Â Grounds
for refusal to appoint; revocation or suspension of commission
194.168Â Â Â Â Hearing
on refusal to issue, suspension or revocation of commission
194.200Â Â Â Â Action
for damages or injunction for violation of ORS 194.166; attorney fees and
costs; employerÂ’s liability
(Enforcement)
194.330Â Â Â Â Attorney
General to investigate or prosecute violation; payment of expenses
(Rules)
194.335Â Â Â Â Rules
UNIFORM LAW ON NOTARIAL ACTS
194.505Â Â Â Â Definitions
for ORS 194.005 to 194.200 and 194.505 to 194.595
194.515Â Â Â Â Notarial
acts
194.525Â Â Â Â Who
may perform notarial acts; acts performed under federal authority
194.535Â Â Â Â Notarial
acts in other jurisdictions of the
194.545Â Â Â Â Notarial
acts under federal authority
194.555Â Â Â Â Foreign
notarial acts
194.558Â Â Â Â Notarial
acts under tribal government authority
194.565Â Â Â Â Certificate
of notarial acts
194.575Â Â Â Â Short
forms
194.578Â Â Â Â Use
of signature stamp by person who is blind or who has visual impairment or
disability; rules
194.582Â Â Â Â Use
of electronic signatures; rules
194.585Â Â Â Â Uniformity
of application and construction
194.595Â Â Â Â Short
title
FUNDING
194.700Â Â Â Â Disposition
of moneys
PENALTIES
194.980Â Â Â Â Civil
penalties; factors; notice; hearing; rules
194.985Â Â Â Â Official
Warning to Cease Official Misconduct
194.990Â Â Â Â Criminal
penalties
NOTARIES PUBLIC
(Definitions)
     194.005
Definitions for ORS 194.005 to 194.200. 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 individualÂ’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 applicantÂ’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 notaryÂ’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)
     194.010
Appointment of notary public; Certificate of Authorization; office may be
nonlucrative; functions not official duties; rules. (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]
     194.012
Term of office. 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]
     194.014
Application for appointment and commission. 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 applicantÂ’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]
     194.020
Fee for application. (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]
     194.022
Qualifications; written examination; education course. (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]
     194.024
Investigation of applicant; consent. (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]
     194.028
Notary public education courses; rules. (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]
     194.030 [Amended by 1961 c.498 §2; repealed by 1967
c.541 §5 (194.031 enacted in lieu of 194.030)]
     194.031
Notarial seal; exception for notarization of certain plats; filing of sample
imprint; replacement seal; rules. (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 notaryÂ’s signature:
     (a) The printed name of the notary public;
     (b) The words “NOTARY PUBLIC -
     (c) The words “COMMISSION NO.” immediately
followed by the notary publicÂ’s commission number; and
     (d) The words “MY COMMISSION EXPIRES”
immediately followed by the date the notary publicÂ’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]
     194.040
Record of appointments and commissions; Secretary of StateÂ’s power to certify
status of notary. (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]
     194.043
Scope of appointment and commission. 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]
     194.045 [1969 c.394 §§2,3,4; 1977 c.641 §1; 1983
c.393 §19; 1989 c.976 §16; repealed by 2005 c.68 §1]
     194.047
Change of address. 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]
     194.050 [Amended by 1961 c.498 §3; 1967 c.541 §4;
repealed by 1983 c.393 §26]
     194.052
Change of name; fee; rules.
(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]
     194.060 [Repealed by 1967 c.541 §22]
     194.063
Application for new commission; resignation. (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
     (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]
     194.067 [1967 c.541 §18; repealed by 1989 c.976 §37]
(Commercial
Paper)
     194.070
Protesting 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]
     194.080 [Repealed by 1967 c.541 §22]
     194.090
Record of protest; effect as evidence. 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]
     194.100
Powers of notary connected with corporation; limitations. (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]
     194.110 [Repealed by 1989 c.976 §37]
     194.120 [Amended by 1961 c.498 §4; repealed by 1989
c.976 §37]
     194.130
Disposition of records on vacancy in office; penalty for failure to properly
dispose of records or for destroying or altering records. (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 StateÂ’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
StateÂ’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]
     194.140 [Repealed by 1989 c.976 §37]
     194.150
Recovery of forfeitures. 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)
     194.152
Journal of notarial acts; rules; disclosure. (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]
     194.154
Disposition of seal and notarial journal upon resignation, revocation or expiration
of commission; rules. (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]
     194.156
Disposition of seal and notarial journal upon death of notary; rules. If a notary dies during the term of
commission, the notaryÂ’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]
     194.158
Prohibited acts. (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 notaryÂ’s title or seal
is used in the indorsement or promotional statement. [1989 c.976 §§21,22]
     194.160 [Amended by 1967 c.541 §16; repealed by 1989
c.976 §37]
     194.162
Misrepresentation of notarial powers; notice of notarial powers and fees. (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
     (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
notaryÂ’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)
     194.164
Maximum fees for notarial acts; exception; rules. (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)
     194.166
Grounds for refusal to appoint; revocation or suspension of commission. 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 notaryÂ’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]
     194.168
Hearing on refusal to issue, suspension or revocation of commission. (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 StateÂ’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]
     194.170 [Amended by 1983 c.393 §20; repealed by 1989
c.976 §37]
     194.180 [1961 c.91 §1; repealed by 1971 c.250 §1]
     194.190 [1983 c.506 §3; repealed by 1989 c.976 §37]
     194.200
Action for damages or injunction for violation of ORS 194.166; attorney fees
and costs; employerÂ’s liability. In addition to other remedies provided by law:
     (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]
     194.210 [Repealed by 1969 c.394 §5]
     194.220 [Repealed by 1969 c.394 §5]
     194.310 [Amended by 1961 c.498 §5; 1981 c.11 §4;
1983 c.506 §1; repealed by 1989 c.976 §37]
     194.320 [Amended by 1981 c.11 §5; repealed by 1989
c.976 §37]
(Enforcement)
     194.330
Attorney General to investigate or prosecute violation; payment of expenses. 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 GeneralÂ’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)
     194.335
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]
     194.410 [Amended by 1963 c.428 §1; repealed by 1977
c.404 §2 (194.500 to 194.580 enacted in lieu of 194.410)]
     194.420 [Repealed by 1977 c.404 §2 (194.500 to
194.580 enacted in lieu of 194.420)]
     194.430 [Repealed by 1977 c.404 §2 (194.500 to
194.580 enacted in lieu of 194.430)]
     194.500 [1977 c.404 §11 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
UNIFORM LAW
ON NOTARIAL ACTS
     194.505
Definitions for ORS 194.005 to 194.200 and 194.505 to 194.595. As used in ORS 194.005 to 194.200 and
194.505 to 194.595, unless the context requires otherwise:
     (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]
     194.510 [1977 c.404 §10 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.515
Notarial acts. (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 personÂ’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 personÂ’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 institutionÂ’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]
     194.520 [1977 c.404 §3 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.525
Who may perform notarial acts; acts performed under federal authority. (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]
     194.530 [1977 c.404 §4 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.535
Notarial acts in other jurisdictions of the
     (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
     (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]
     194.540 [1977 c.404 §5 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.545
Notarial acts under federal authority. (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
     (c) An officer of the foreign service or
consular officer of the
     (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]
     194.550 [1977 c.404 §6 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.555
Foreign notarial acts. (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]
     194.558
Notarial acts under tribal government authority. (1) A notarial act has the same effect under
the law of this state as though performed by a notarial officer of this state
if performed anywhere by any of the following persons under authority granted
by a federally recognized American Indian tribal government located within the
United States:
     (a) A notary public of the tribal
government.
     (b) A judge, clerk or deputy clerk of any
court of the tribal government.
     (c) Any other person authorized by the law
of the tribal government to perform notarial acts.
     (2) The signature and title of a person
performing a notarial act under this section 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) or (b) of this section conclusively establish the
authority of a holder of that title to perform a notarial act. [2007 c.63 §4]
     Note: 194.558 was added to and made a part of
194.505 to 194.595 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     194.560 [1977 c.404 §7 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.565
Certificate of notarial acts.
(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
     (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]
     194.570 [1977 c.404 §8 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.575
Short forms. 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]
     194.578
Use of signature stamp by person who is blind or who has visual impairment or
disability; rules. (1) As
used in this section, “person who is blind” and “person with a visual
impairment” 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 person who is blind, a person with a
visual impairment 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; 2007 c.70 §53]
     194.580 [1977 c.404 §9 (enacted in lieu of 45.125,
93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430);
repealed by 1983 c.393 §26]
     194.582
Use of electronic signatures; rules. (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]
     194.585
Uniformity of application and construction. 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]
     194.595
Short title. ORS 194.505 to
194.595 may be cited as the Uniform Law on Notarial Acts. [1983 c.393 §12]
FUNDING
     194.700
Disposition of moneys. 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
     194.980
Civil penalties; factors; notice; hearing; rules. (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]
     194.985
Official Warning to Cease Official Misconduct. 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]
     194.990
Criminal penalties. (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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