Oregon Statutes - Chapter 194 - Notaries Public

• 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,...
• 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...
• 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...
• 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...
• 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...
• 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)...
• 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...
• 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...
• 194.030   [Amended by 1961 c.498 §2; repealed by 1967 c.541 §5 (194.031 enacted in lieu of 194.030)]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...
• 194.040   Record of appointments and commissions; Secretary of State’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...
• 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...
• 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...
• 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...
• 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...
• 194.067   [1967 c.541 §18; repealed by 1989 c.976 §37]
• 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
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 194.156   Disposition of seal and notarial journal upon death of notary; rules.
  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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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; employer’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...
• 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]
• 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...
• 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...
• 194.410   [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]
• 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...
• 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...
• 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,...
• 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 United States.
  (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...
• 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...
• 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...
• 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...
• 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...
• 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): ______________________________________________________________________________...
• 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....
• 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...
• 194.585   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...
• 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...
• 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...
• 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...
• 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...

Last modified: August 7, 2008