Oregon Statutes - Chapter 194 - Notaries Public - Section 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]

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Last modified: August 7, 2008