2 2024 Notary Public Guide
Introduction
Welcome to the State of Oregon’s Notary Public Guide. This publication describes the duties and
responsibilities involved in carrying out your notarial commission. It covers laws and rules,
Attorney General’s opinions, state policy, and common-sense guidelines based on broad
experience and familiarity with case law.
It is your responsibility as a notary public to understand and carry out the laws and
administrative rules of the State of Oregon as they relate to notaries. Failure to follow these laws
could leave you liable to recovery of damages and subject to fines and other penalties.
Familiarity with the Notary Public Guide will reduce that risk.
No matter how much this guide covers, there may be situations or special needs where you are
uncertain how to apply statute and rule. When these situations arise, feel free to contact the
notary team at the Corporation Division for help:
Phone: (503) 986-2200
Email: NotarySeminar@sos.oregon.gov
Website: sos.oregon.gov/business
Street address:
Secretary of State
Corporation Division
255 Capitol St. NE, Ste. 151
Salem, OR 97310-1327
Subscribe to Notary News
We recommend that you subscribe to Notary News
, our free email newsletter, to receive
important changes that affect Oregon notaries, such as updates on Oregon notary laws, rules
and procedures.
Thank you for becoming an Oregon Notary Public!
Secretary of State - Corporation Division
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Table of Contents
Frequently Asked Questions ..................................................... 6
About Notaries ................................................................................................... 6
About Notarizing ................................................................................................ 7
About Stamps and Journals ................................................................................. 9
About Notarial Acts and Certificates ..................................................................... 10
About Notary Fees ............................................................................................. 12
Chapter 1 - The Notary Public ................................................. 13
Notaries in History ............................................................................................. 13
Three Components of a Notary Public ................................................................... 13
Qualifications to Become an Oregon Notary Public .................................................. 14
Education and Exam .......................................................................................... 15
Become a Notary or Reapply for a New Commission ............................................... 15
Commission Name and Signature ........................................................................ 17
Applying for a New Commission .......................................................................... 18
Not Applying for a New Commission? ................................................................... 18
Lost, Misplaced, Broken or Stolen Stamping Device ................................................ 18
Lost, Misplaced, Destroyed or Unusable Journal ..................................................... 18
Notary Information Change ................................................................................ 19
We’re Here to Help ............................................................................................ 19
Chapter 2 - Employee Notaries and Employers ....................... 20
Limitations on the Job ........................................................................................ 20
Employer Notarization Policies ............................................................................. 21
Chapter 3 - Misconduct, Liability & Protecting Yourself .......... 22
Misconduct ....................................................................................................... 22
Sanctions for Misconduct .................................................................................... 23
Protecting Yourself ............................................................................................ 23
Notario Publico Fraud ......................................................................................... 25
I-9 Verifications: Can I as a notary perform them and how do I? ............................. 27
What is a Medallion Signature Guarantee? ............................................................ 27
Chapter 4 - Notary Fees .......................................................... 27
Notary Fee Limit ............................................................................................... 28
Waiver of Fees .................................................................................................. 28
Travel Fee ........................................................................................................ 28
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Notary Fees and Your Employer ........................................................................... 28
Advertising ....................................................................................................... 29
Chapter 5 - How to Notarize ................................................... 30
1. Review the Document .................................................................................... 30
2. Identify the Signer ......................................................................................... 31
3. Determine the Signer’s Willingness and Awareness ............................................. 33
4. Complete the Notary Journal ........................................................................... 34
5. Complete the Notarial Certificate ..................................................................... 35
Chapter 6 - The Notarial Journal ............................................. 35
Notarial Acts Required to Be Recorded in Notarial Journal ....................................... 35
Other Notarial Acts That May Be Recorded (ORS 194.300(11)) ................................ 35
Importance of the Journal .................................................................................. 35
Format of the Journal ........................................................................................ 36
Keeping the Journal ........................................................................................... 36
Disclosure of the Journal .................................................................................... 36
Notary Journal Contents ..................................................................................... 36
Chapter 7 - Notarial Certificates ............................................. 40
Notarizing a Commercial Protest .......................................................................... 40
Components of a Notarial Certificate .................................................................... 40
Selecting the Notarial Certificate ......................................................................... 41
Completing the Notarial Certificate ...................................................................... 42
Attaching a Notarial Certificate ............................................................................ 43
Making Corrections ............................................................................................ 44
Chapter 8 - Oregon Notarial Acts ............................................ 45
Acknowledgment in an Individual Capacity ............................................................ 45
Acknowledgment in a Representative Capacity ...................................................... 45
Verification upon Oath or Affirmation ................................................................... 45
Witnessing or Attesting a Signature ..................................................................... 45
Copy Certification .............................................................................................. 45
Chapter 9 - Oregon Notarial Certificates and Journal
Entries
………………………………………………………………………………………………………………………..….46
Acknowledgement in an Individual Capacity…………………………………………………………………..46
Acknowledgement in a Representative Capacity…………………………………………………………….48
Verification upon Oath or Affirmation……………………………………………………………………………….51
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Witnessing or Attesting a Signature…………………………………………………………………………….……54
Copy Certification…………………………………………………………………………….…………………………………56
Signature by Third Party…………………………………………………….……………………………………………..59
Certificate for Special Circumstances……….……………………………………………………………………….61
Chapter 10 - Secretary of State Certificates ........................... 62
Apostilles and Authentication Certificates .............................................................. 62
Certificate of Good Standing ............................................................................... 63
Notary Public Notarial Commission Certificate ........................................................ 63
Certificate of Authorization ................................................................................. 63
Chapter 11 – Non-English Language Documents .................... 64
Non-English Language Notarial Certificates .......................................................... 64
Chapter 12 - Electronic Notarization ....................................... 65
In Person Electronic Notarization (IPEN)……………………………………………………….……….……….65
Remote Online Notarization (RON) ....................................................................... 65
Chapter 13 - Financial Exploitation of the Vulnerable ............. 67
What is It? ....................................................................................................... 67
How Does It Happen? ........................................................................................ 67
Be On Guard .................................................................................................... 67
What Should the Notary Do? ............................................................................... 68
Other Resources ............................................................................................... 69
Chapter 14 - Fraud…………………………………………………………..69
Selected Index ....................................................................... 72
Glossary of Notarial Terms ..................................................... 74
Oregon Notary Laws & Rules .................................................. 76
Review of Best Practices ........................................................ 77
SAMPLE NOTARIAL CERTIFICATES ......................................... 78
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Frequently Asked Questions
About Notaries
1. How old do I need to be to become a Notary Public?
You must be at least 18 years of age at the time of appointment.
2. Do I need to be a resident of this state?
You can be a resident of this state or be a resident of another state and have a place of
employment or practice within this state. If you live in another state and are an
Oregon notary, you must perform all notarizations in the state of Oregon.
3. Must I be able to read and write the English language?
Yes.
4. How long is a commission good for?
The term of office for Oregon Notaries Public is 4 years. As of January 1, 2025, to
obtain a new a commission, the notary must take the basic notary training, take the
test, and submit their application online or send in a paper application, not more than
30 days before the commission expires.
5. When it’s time to renew my commission, can I take the refresher course rather
than the basics course?
No. As of January 1, 2025, statute requires that notaries take the basic training every
four years, before you can obtain a new commission. This enables us to make sure
that all notaries receive the most current information about statute and rule changes,
and that they review best practices regularly.
6. If my employer pays for my commission and my stamping device, am I only a
notary for the business in which I am employed?
No. The notarial commission and its related tools belong to the notary public and not
to the employer. A notary public is commissioned by the State of Oregon to provide a
service to the public. The law does not state that notaries MUST serve the public, but if
service is refused without just cause, the notary public and their employer could face a
civil lawsuit [ORS 194.990(1)(a)
].
7. My former employer paid for my notarial commission and kept my stamping device.
Can they do that, and can I still be a notary?
An individual, not an employer, is commissioned as a notary public. It does not matter
who paid for the notarial commission, stamping device, and notarial journal—they
belong to the notary public. During a notarial commission term, a notary public may
change employers several times, and the notarial commission, stamping device, and
notarial journal move with the notary public. [ORS 194.990(1)(c)
].
The only exception would be if there is a signed journal agreement with the employer,
which allows the employer to retain the journal. The notary public would then purchase
a new notarial journal for use with the new employer. [OAR 160-100-0360
]. The
notary public must retain their stamp.
Secretary of State - Corporation Division
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8. May a notary prepare legal documents?
Only if the notary public is an attorney, supervised by an attorney (such as a
paralegal), or prepares such documents as a licensed professional. Even then, a notary
public must not be party to the transaction or have a direct beneficial interest in it if
they are going to notarize the documents.
9. Am I required to be bonded or have liability (errors and omissions) insurance?
Oregon does not require its notaries public to be bonded or to have liability insurance.
This is left to the discretion of the notary public.
10. May I notarize in another state, such as Washington, as an Oregon Notary Public?
When performing a notarization, the notary must always be located in Oregon. For a
traditional notarization, Oregon’s jurisdiction does not extend beyond the Oregon
border, so the notary would not be able to perform a notarization in the state of
Washington. However, with the implementation of Remote Online Notarization (RON),
the jurisdiction is extended beyond Oregon’s border. While the notary must always be
located in Oregon, the signer may be located in a different location in Oregon, in a
different state, or beyond the boundaries of the United States.
11. If I submit a waiver of fees, may I sometimes charge for my notarial services?
No, if the notary public submits a waiver of fees, the notary has stated that he or she
will not charge for any notarial services performed. The notary public may rescind the
waiver by notifying the Secretary of State, Corporation Division, in writing. [
OAR 160-
100-0420(1)(2)].
About Notarizing
12. My employer wanted me to notarize a document signed by a client who came in
while I was at lunch. I told him that I couldn’t notarize unless the client appeared
before me. Was I correct?
Yes. All notarizations except Remote Online Notarization (RON) require the signer to be
present at the time of the notarization. The notary public needs the signer to sign the
notarial journal and give appropriate identification information.
An employer who threatens or coerces a notary public into an act of misconduct can be
liable to the notary public for damages resulting from that misconduct, [
ORS
194.405(3)], and is guilty of a crime. [ORS 194.990(1)(d)].
13. What should I do about issues that are not covered specifically in the law?
Use reasonable care and caution. If something does not seem right, do not proceed.
Use the notarial journal to make notes as to why the notarization was refused for
possible future reference. Please do not hesitate to call our office (503) 986-2200 if
you have questions.
14. May I use a subscribing witness when doing a notarization?
Not according to notary law. There is a special provision in Real Estate Law which
allows for a subscribing witness in a limited number of real estate transactions. Should
this come up, the notary public would need to consult with the Real Estate Division at
503-378-4170.
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15. May I notarize for a minor?
A minor must provide acceptable ID just as an adult would. [ORS 194.240(2)
].
Have the minor put his or her age next to the signature so that the receiving party
realizes that they are dealing with a minor. Note the age of the minor in the notarial
journal.
Minors must be competent when signing. Ask questions of the minor such as “What
kind of document are you signing?” “What will the document do?” “Do you want to sign
the document?” If the notary public is not comfortable with the answers the minor
gives, the notary should refuse to notarize, noting why in the notarial journal, and
advise the customer to seek legal advice.
16. May I perform IPEN and/or RON notarizations?
Yes, however before you can perform IPEN and/or RON notarizations you must first be a
commissioned notary and receive acknowledgement before you can perform either IPEN
or RON notarizations. Authorization for RON includes additional training, available through
the Secretary of State.
17. Must a notary always notarize?
A notary is not always required to notarize. In fact, when you are in doubt because
something appears fraudulent (the ID looks fake), or you have concerns about the
willingness or capacity of the signer, you should not notarize. However, if it is merely
discomfort because you are not familiar with the particular type of act, such as
certifying to a copy, then you should consult with a more experienced notary, or call
the Corporation Division at (503) 986-2200.
It is your responsibility to maintain your expertise, since you are commissioned for all
the permitted acts and not a specialty. Finally, you must be careful not to pick and
choose whom you will notarize for, or you may be subject to a civil action for
discrimination. At this time, notaries may be required by their employer to notarize
only for customers of that employer, if that is the employer’s consistent policy and is
not discriminating against a protected class.
18. May I notarize for someone in a hospital or nursing home?
Special care must be taken when notarizing for the elderly or those in a medical care
setting. Awareness may need to be established by someone in authority (e.g., doctor,
nurse, or attorney). Medications can alter the customer’s reasoning abilities. Consult
with the signer’s doctor/nurse/attorney and write down their remarks in the notarial
journal. Have the authority sign your journal by their remarks, as to the awareness of
the customer/patient.
Prior to notarizing, ask the customer some questions about the document to be sure
that they understand what they are signing and seem competent in their responses.
Common sense, as well as reasonable care and caution, are the prime indicators of
whether to proceed. When in doubt, don’t notarize, noting the refusal in the
notarial journal, and advise the customer to seek legal advice.
19. Should I notarize a blank or incomplete document?
Never. A fraudulent document could be created on the blank sheet.
Secretary of State - Corporation Division
9
Even blank spaces that can be filled in later have a potential for fraudulent use. If
blanks are intended to be left blank, it is up to the customer to indicate that in some
manner (e.g., N/A to indicate not applicable).
About Stamps and Journals
20. My current commission has expired and I have reapplied. May I use my old stamp
until my new stamp is made?
No. The stamp with the expired date should be destroyed as soon as possible. [
ORS
194.295(2)].
21. Where should I purchase my stamp and journal?
A stamp and journal may be purchased online or from many office supply stores.
Regardless of where you purchase them, you are responsible for making sure that they
are formatted correctly according to the law (OAR 160-100-0100 for the stamp, OAR
160-100-0200 for the journal). The vendor from whom you purchase your stamp
is legally required to request your certificate of authorization in order to verify
that you are a commissioned notary. If the vendor does not require your certificate, do
not purchase from that vendor.
22. What should I do if my notary stamping device is stolen?
Report the incident to the police, then report the fact to the Secretary of State,
Corporation Division using the Missing Stamp, Certificate or Journal
form. The
Secretary of State, Corporation Division will email a Certificate of Authorization with a
new commission number, so the notary public can begin the process of replacing the
notary stamping device. If the notarial journal was not stolen, indicate on the next
available line in your journal the date and circumstance of the notary stamping
device’s loss.
23. May I make my own journal?
Yes, as long as the journal meets the format and content requirements set out in [
OAR
160-100-0200 through 160-100-0210].
24. May I choose not to keep the notarial journal?
The law states that all notaries shall maintain one or more journals in which the notary
public chronicles all notarial acts that the notary public performs. Penalties can and will
be incurred if this is not done. [ORS 194.300(1)
].
25. What if I have multiple entries for my journal?
Duplicate originals with the same name and date may be recorded as a single entry in
the notarial journal. [ORS 194.300(4)(a)
]. For more information and example see page
37 in this Notary Public Guide.
26. Must I record every notarization in my journal?
Although the Secretary of State strongly recommends each notarization be recorded,
under ORS 194.300
, a notary must record acknowledgments and witnessing a
signature in their journal. All other notarial acts may, but are not required to, be
recorded.
27. May a notary public have more than one journal?
Yes. Statute requires that you maintain at least one journal, but you may have more
than one (for example, if you wish to have one journal for work notarizations and
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another journal for notarizations you perform outside of work. [
ORS 194.300(1) and
ORS 194.305(1)].
28. Is my notarial journal a public record that anyone may look at? [ORS 194.300(9)]
Most notaries public are exempt from disclosing the notarial journal contents unless
requested by the Secretary of State, Corporation Division, or when required by
subpoena. [OAR 160-100-0430(2)
].
If the notarial journal is in the possession of the Secretary of State’s office, or if the
notary public is a public official or public employee, then the notarial journal falls under
public record laws. Should the Secretary of State’s Corporation Division determine that
it is in the public interest not to disclose such information, the notarial journal would
not be made public.
A customer may access their own entry record in the notarial journal, but the entries
above and below should be covered to protect the privacy of those individuals.
29. Should I keep copies of every document that I notarize?
No, a notary should not keep copies of the documents that they notarize. Your journal
entry is sufficient evidence for the purpose of recording a notarial act.
30.Should I keep copies of identification that I use to identify the signer?
No, a notary should not keep copies of identification that they use to identify the
signer. Your journal entry is sufficient evidence for the purpose of recording how you
identified the signer.
31. May I use an electronic journal and perform IPEN?
The notarial journal may be in electronic or paper format. While Oregon notaries public
are allowed, under certain conditions, to perform In Person Electronic Notarizations
(IPEN), Oregon law still requires a person to appear personally before a notary public.
Before you purchase any electronic notarization means, make sure the vendor meets
the NENS (National Electronic Notarization Standards) and doesn’t just refer to E-SIGN
and UETA. For more information, see the Secretary of State’s website.
32. There are several notaries public in my office, can we all just use one journal to
record our notarial acts?
No, each Oregon Notary Public is required to keep and maintain their own notarial
journal. [ORS 194.300(1) and 194.305(1)
].
About Notarial Acts and Certificates
33. May a notary public in Oregon perform a marriage ceremony?
No, only Florida, Maine, Nevada, and South Carolina notaries public may perform a
marriage ceremony. If you wish to add marriages to the services you offer, you will
need to obtain separate certification as an officiant from an appropriate entity.
34. Can a notary public sign using any color of ink?
Yes, so long as the signature is reproducible and legible when scanned for recording
purposes. Black or dark blue ink is preferable, but any dark color is permissible.
Secretary of State - Corporation Division
11
35. May a signer use a signature stamp on the document they want notarized?
Yes. A stamp, a mark, or other indication of the execution is sufficient. The signature
stamp should match or be a legible reproduction of a person’s signature on their
identification document.
36. May I correct a mistake I made in a notary certificate several days after it was
executed?
Corrections can be made. Only the notary public may make corrections that are
needed, and the corrections must be made on the original certificate, so the signer
must appear before you to have you make the correction. Note in your journal any
corrections or changes that were made to the certificate.
37. A notarial certificate that was pre-printed on a document did not have a jurisdiction
or a signature line for the notary. What should I have done?
To have a proper notarization, certain elements must be present: venue—state and
county, statement—who appeared, on what day and what they did (acknowledge, sign
and swear, etc.), the notary public’s signature and official notary stamp imprint.
When a certificate is not complete, the notary public can add the necessary
information. In the case mentioned, the notary public should type or hand write at the
beginning of the notarial certificate the jurisdiction where the notarization was taking
place, and then create a signature line near where the official notary stamp imprint
was placed.
A note should be made in the notarial journal entry that a correction was made to the
notarial certificate at the time of notarization.
38. May I choose a notarial certificate to go on a document?
No. An Attorney General’s opinion states:
“The notary public should not take it upon himself or herself to select or substitute a
certificate on behalf of the person. In addition to the risk that the notary public may be
found to be unlawfully practicing law, there is also some possibility that the notary
public may become involved in litigation if the document is later found not to
accomplish what was intended by the parties, and the problem is with a certificate that
the notary public selected.”
39. When using an attachment certificate, must I always put a complete stamp
impression on the attachment?
When using an attachment, or loose, certificate, a complete imprint of your official
stamp must be on the attachment certificate. A second imprint may overlap the
document and the certificate as a protection device. [OAR 160-100-0110(4)
].
40. May a notary public notarize a will?
Yes, but only with extreme care and caution. In Oregon, wills are not required to be
notarized, merely witnessed. However, the witnesses often are required to sign a “self-
proving affidavit” that is notarized. So, the notary generally doesn’t witness the will
signer’s signature, but the witnesses’ signatures on their affidavits.
It is advisable to notarize wills only under the direction of an attorney. Wills are
perhaps the most contested documents notaries public become involved with, and
even when they are done correctly, a notarization may be called into question. When
12 2024 Notary Public Guide
an estate goes into probate, a will can be invalidated if the notarization is incorrect,
and the notary public could be held liable for damages by the benefactors.
41. How long does it take to get my application processed?
It can take from less than a day to several days to fully process a notary application
depending on how quickly the applicant can get the oath of office notarized and turned
in, and whether the application is delivered in person, by fax, or by mail. The paper
application process can take up to 10 days or more if the application is mailed.
About Notary Fees
42. Am I required to display a list of the notary fees that I may charge?
Yes. If the notary public is going to charge for services, the fees must either be
prominently displayed or handed to the customer, prior to the notarization, so that the
customer can refuse notarial services if the customer does not wish to pay. [
OAR 160-
100-0400; OAR 160-100-0410].
43. Is there a guide to what are reasonable travel fees?
Neither the statute nor the Secretary of State offer any direction on what you should
charge or how to determine what is appropriate. Some notaries have a flat fee, some
charge based on distance, some do some formula of mileage and time. It is up to the
notary to determine what works best for them, so long as the charge is presented to
and agreed upon by the signer beforehand.
44. If “notarization” is just one of a list of services we display, do we still need to show
the practicing law warning?
Yes, you will need to have it either on the display, or presented to the customer
before you notarize.
45. If two people sign the same document and they’re both on the same notarial
certificate, do I charge $10 or $20?
The fee would be $20. The fee is per notarial act. Even if the notary public is using one
notarial certificate, the notary public in this case is identifying and witnessing two
separate signatures on the document. [OAR 160-100-0400
].
Secretary of State - Corporation Division
13
Chapter 1 – The Notary Public
A notary is “a person of proven integrity appointed by the state to act as an impartial
witness” (National Notary Association Home Study Course). The main function of the
notary is to witness a legal proceeding so that the courts and other interested parties can
be certain that the person signing a document knows what is being signed, is able to
understand the action taken, and is in fact the person whose signature is on the
document.
Notaries in History
In the old Roman Republic, notarii were public secretaries who were shorthand writers. As
scribes became more and more common, they developed a service in the public
marketplace to draw up legal documents and other written instruments. Wax seals were
used as signatures on documents. Later, ribbons tied together multi-page documents, and
wax seals on the knots showed that no one had tampered with the knots. Thus, we came
to have notary seals.
Eventually, the state came to regulate and commission these scribes. Witnesses to the
drafting of their documents came to be required. Notaries, still in the public marketplace,
evolved into both drafters and witnesses to these writings. As notarii became essential to
commerce and law, royalty found the need to commission and employ them for drawing
up and countersigning documents. By the Middle Ages, notaries had to undergo formal
training and examinations. Gradually, the government took over sole appointment of
notaries, giving them public officer status.
In Europe, Africa, Asia, and Latin American countries, notaries retain many of their
attorney-like powers. In the United States, however, notaries are most important for
merely witnessing documents drafted by someone else. This disparity in notary authority
is the reason Oregon has a law against advertising as a “Notario Publico”, which conveys
to Spanish-speaking individuals vastly different powers than notaries have in this state.
See Chapter 3 of this Guide, Notario Publico Fraud
. Within the United States, the duties
and responsibilities of a notary public vary greatly from state to state. It is essential,
therefore, to become familiar with Oregon’s notary laws and rules, even if you have
previously served as a notary in another state.
Three Components of a Notary Public
There are three components to the notary public. The notary must be of proven
integrity, an officer of the state, and an impartial witness to a particular transaction.
Proven Integrity
Because a notary’s whole purpose is to detect and deter fraud, Oregon statutes require
notary applicants to undergo a criminal background check. The law requires that an
applicant must “not have been convicted of a felony or any crime involving fraud,
dishonesty or deceit during the 10-year period preceding the date of the application.”
[ORS 194.315(2)(d)
] If a person has been convicted of embezzlement or fraud, they will
be disqualified to receive a notarial commission. A traffic violation such as a speeding
ticket, however, isn’t relevant to notarial functions and wouldn’t disqualify one from
obtaining a notarial commission.
14 2024 Notary Public Guide
Ministerial Officer of the State
A notary public is commissioned by the state and acts as an officer of the state. Because
the office is ministerial rather than regulatory or judicial, the duties of the office are
narrowly defined to certain prescribed acts of limited scope. A notary must follow statute
and rule, which allow only limited discretion in performing these acts. A notary needs to
remember that they have become a State of Oregon Notary, not their employer’s notary.
You must always adhere to statute and rule, no matter who asks you to make an
exception.
Impartial Witness
The main function of the notary is to witness a legal proceeding. The notary may refuse to
notarize if not satisfied of the willingness, competence or capacity, and identity of the
signer. The notary does not validate or legalize the document nor guarantee its truth. It is
important to the validity of the witnessed act that the notary be impartial. Impartial
means:
The notary has no financial interest or any other direct beneficial interest in the
transaction. The notary should have nothing to gain by notarizing. Otherwise, suspicion
of fraud is thrown upon the whole proceeding. Note that the fee to notarize is not
considered direct beneficial interest.
The notary must not be related to the signer. Oregon’s law states that a notary may
not notarize for their spouse, and although Oregon law does not prohibit notarizing for
other relatives, it is prudent not to do so. It is easy for a court to construe that a notary
may gain from a transaction with relatives, particularly in the case of close relatives.
The notary or their spouse may not be named in the document. A party to a legal
document is not disinterested in the transaction and therefore is not a satisfactory
witness. A notary may not notarize their own signature or the signature of their spouse.
Qualifications to Become an Oregon Notary Public
To be a notary public in Oregon you must, at the time of application:
• Be 18 years of age or older.
• Be a resident of Oregon or have a place of employment or practice in this state.
• Be able to read and write English.
• Not have had a notary public commission revoked during the 10-year period
preceding the date of application.
• Complete a notary training course within the last 6 months.
• Not have been convicted of a felony or of any crime involving fraud, dishonesty or
deceit during the 10-year period preceding the date of application. (A background
check is conducted on all applications for a notary public commission.)
• Not have been convicted of acting as or otherwise impersonating a notary public,
obstructing governmental or judicial administration or engaging in the unlawful
practice of law.
Secretary of State - Corporation Division
15
• Not have been found by a court to have practiced law without a license or engaged
in an unlawful trade practice.
• Pass the Secretary of State’s Notary Public examination.
Education and Exam
The notary application process begins with a notary training course and exam. The
education may be provided by the state or by a certified provider. The Secretary of State
only recognizes that the education program of the provider is similar to the state’s
curriculum and does not endorse the other services or products the vendor may or may
not provide. [OAR 160-100-1130(5)
]
Check online for information regarding free state-run trainings. For information regarding
the state’s free online tutorial, please check our website. Oregon Notaries with an active
commission must take the notary basics training to renew their commission.
The exam is completed online and is an open book, yes/no, true/false and multiple-choice
test, based on materials found in the Notary Public Guide, live webinars, or online
tutorials. The Notary Public Guide is meant to be an ongoing resource: in addition to
providing a plain-English summary of statute and rule, the Guide includes Secretary of
State recommendations, based on best practices and Attorney General’s opinions. It will
help you prepare for the exam, and will provide you with a resource for reviewing basic
procedures and best practices. It is very important that you take the time to read through
the materials and complete the exam properly. If you fail the exam, you may retake the
exam at your convenience as many times as you need to in order to pass.
Become a Notary or apply for a New Commission
1. Complete a training course. (If you are a notary with a current commission, you
may omit this step, until January 1, 2025 when statutory requirements change.)
a. To meet the training requirement, you can take in-person training, a
webinar, or complete a self-paced online training course.
b. Courses are offered by the Secretary of State at no charge. Courses are also
offered by certified education providers for a fee.
c. For more information on these approved courses
, please visit our website.
2. Meet the qualifications to be a Notary Public for the State of Oregon
a. To become a notary public in Oregon you must meet certain qualifications.
i. See the previous page for qualifications.
ii. A background check and revocation search is conducted on all
applicants.
3. Submit your application.
a. Submit your application online; you will be taken to the web page where you
can access the exam. There is also a paper application and exam that can be
completed, printed, and mailed in.
b. Enter the required information and submit your application.
16 2024 Notary Public Guide
4. Pass the required online exam.
a. The exam is a yes/no, true/false and multiple-choice test. It is based on the
information received through the training course and from the Oregon Notary
Public Guide. The test is open book.
b. Please be sure to read the material in the guide carefully before you proceed
with the exam. You may want to have a copy of the guide available while
taking the exam.
5. Oath of Office.
a. Once the background check is complete, you will receive an email that
contains a PDF attachment of the Notary Public Application and Oath of
Office. Print the PDF. (If you do not pass the background check or revocation
search, you will receive a different email notification.)
b. Do not fill out or change the application section of the form.
c. The Oath of Office must be signed in front of a notary and submitted to our
office with the $40.00 processing fee. The Oath must be submitted to us
within 30 days of being issued. If you miss this deadline, you will
have to take the test again. When you take the test again, you will
receive a new Oath, which you must submit within the required 30
days with another application fee.
d. The Oath of Office may be submitted to us by mail at the Secretary of State,
Corporation Division, 255 Capitol St. NE, Ste. 151, Salem, OR, 97310-1327.
For quickest processing you may bring the Oath and payment to our office at
the address above, send it via overnight Fed-Ex, or fax it to us using .
Please note: if you fax the materials, fax before 4pm and be sure to use the
Notary Fax number.
6. Receive your certificates.
a. After the Oath has been processed, you will receive an email from us which
includes PDF copies of your Commission Certificate and the Certificate of
Authorization.
b. If you wish, you can print out your Commission Certificate and frame it.
c. The Certificate of Authorization is for use with a vendor who makes rubber
stamps. If you use an online vendor, it is permissible to email the PDF
certificate. This certificate contains the details of your commission, including
your commission name, number and expiration date. The same certificate is
used for electronic notarization technology.
7. Purchase your journal and stamp.
a. Print the Certificate of Authorization and take it to a vendor who makes
rubber stamps, or order from an online vendor. The vendor will require a
copy of this certificate in order to include your commission information on the
stamp. You may locate an online vendor through an internet search, or order
from one of the national notary organizations:
i. National Notary Association:
https://www.nationalnotary.org/oregon/supplies
ii. American Society of Notaries:
https://www.asnnotary.org/?form=supplies
b. If you use an online vendor, it is permissible to email the PDF authorization
certificate to the vendor for verification of your information. This certificate
will contain the details of your commission, including your commission name,
Secretary of State - Corporation Division
17
number and expiration date. The same certificate is used for electronic
notarization technology. If the vendor does not require your
commission certificate, DO NOT use that vendor: they are unethical at
best, and may be participating in, or at least encouraging, notarial fraud.
When you receive your stamp and journal, fill in the required information in
the front of your journal. Doublecheck your stamp to ensure it has your
name spelled correctly, and the complete and correct commission number.
c. An embosser is no longer used to notarize but may be used in an unofficial
capacity as a protection device. It should never be used in place of the
official notary stamp.
Once you have your stamp and have purchased your notary journal, you are ready to
notarize. Please remember we are here to help you any time you have questions about
anything related to notarization.
Congratulations!
Commission name and Signature
Statute and rule are very specific about requirements for your official commission name
and signature. Your application must conform to these requirements.
1. Both your commission name and your signature must be verified by an ID (the
easiest thing is to use your driver’s license as a guideline, but if your driver’s
license does not have your full legal name, you must have an ID that does).).
2. Your commission name MUST BE your full legal name: first name, middle
name(s), and last name.
3. Your commission signature can be any form of your name, or even a word or
pictographic signature, as long as it is verified by an ID. Below is an example:
18 2024 Notary Public Guide
Note that while John’s full legal name is the commission name, his commission signature
is just his first and last name in this example.
Applying for a New Commission
A notary public commission is not automatically renewed, and we do not send out a
renewal notice. Notaries are responsible for tracking and reapplying for a new commission
on their own. You can submit a new application 30 days before the expiration of your
current commission. Remember that before you submit the application, you will need to
take the basic training and pass the exam. Each notarial commission is unique, and a new
notarial commission number and expiration date will be issued when the new application
is accepted. The
application is best submitted online. [ORS 194.325(1)].
If the current notary public is applying for a new commission, the same notarial journal
may be used with the new notarial commission, as long as the information required in the
front of the notarial journal is updated. The notary public should indicate where the new
notarial commission begins on the next journal entry line.
The official notary stamp from the expiring notarial commission must be disabled by
destroying, defacing, damaging, erasing or securing the device against use as soon as the
notarial commission expires. [ORS 194.295(2)
].
The notary public will purchase a new notary stamp.
The process to reapply may take up to 10 days or more.
Not Applying for a New Commission?
If the notary public decides not to apply for a new notarial commission, the notary stamp
from the expiring notarial commission must be disabled by destroying, defacing,
damaging, erasing or securing the device against use as soon as the notarial commission
expires. The notary will retain the notary journal for 10 years after the last notarial act
recorded in the journal. [ORS 194.295(2)
].
Lost, Misplaced, Broken or Stolen Stamping Device
If the notary stamping device is lost, misplaced, broken or stolen, download the Missing
Stamp, Certificate or Journal affidavit form from our website. Complete it with notarization
and mail it to our office WITHIN TEN (10) DAYS. You will receive a new Certificate of
Authorization, to be submitted to a vendor to have a new stamp made. If you find the
original stamping device, you must send us a written statement of explanation within ten
(10) days and destroy the stamp.
Lost, Misplaced, Destroyed or Unusable Journal
If your journal is lost, misplaced, destroyed, stolen, or otherwise unusable you can
download the Missing Stamp, Certificate or Journal
form from our website. Complete it
with notarization and mail it to our office promptly.
You will need to purchase another journal to continue with your notarial duties.
Secretary of State - Corporation Division
19
Notary Information Change
When a notary public has a legal change of name, the notary is required by law to notify
the Corporation Division within thirty (30) days. [OAR 160-100-0170(1)(a)
].
Changing the notarial commission name requires the purchase of a new notary stamping
device. Download the Notary Information Change
form, complete it with notarization, and
send it to our office within 30 days. Changing the official signature on file with the
Secretary of State’s office always requires completing the
Notary Information Change
form and returning it to our office within 30 days.
When a notary public has a change of their public contact address, the notary is required
by law to notify the Corporation Division within thirty (30) days. Complete the online
Notary Information Change form to update the information within 30 days. [
OAR 160-
100-0170(3)]. The public record address is available to the public in an online database,
and can be a postal address or a street address.
We’re Here to Help
If you don’t know the answer to a notarial question, ask the Corporation Division. Our
focus is to educate, not regulate. Although we are obligated to respond to complaints and
to screen applicants, most of our public contact is educational.
Our aim is to have well-trained, competent, and confident notaries in Oregon. The better
you are, the less regulation we do, and the less chance you have of incurring penalties —
through us, or through the courts.
When in doubt, ask — before you make a mistake. We can confirm what statute and rule
require and offer options on how to uphold the law in a particular situation. But
remember, we are not attorneys and cannot give legal advice.
Subscribe to
Notary News
Stay informed on important changes that affect Oregon notaries! Oregon notaries should
subscribe to Notary News, our free email newsletter, to get updates on upcoming
trainings, new training offerings, and changes in Oregon notary laws, rules, and
procedures. It’s easy to register; simply go to our website and follow the steps.
Notary Education
The Secretary of State offers free in-person trainings and webinars to give every notary
an opportunity to become properly trained and educated about Oregon laws and good
notary procedure. We also offer a self-paced online version of the notary basics training.
The basic training is a comprehensive and thorough examination of notary basics: what a
notary is, responsibilities and liabilities, how to notarize, notary certificates, and the
notary journal. We also offer a self-paced online version of the notary basics training.
The advanced notary public webinar is appropriate for those who are experienced,
commissioned notaries. They do not meet the training qualifications for a notary
application and will not help you to pass the exam. These advanced classes discuss
employee notary issues, notario and elder abuse fraud, difficult certificates, and journaling
witnesses, among other topics.
20 2024 Notary Public Guide
The Secretary of State also offers focused trainings on other topics, including apostilles
and authentications.
This is your chance to talk to the state agency that regulates notaries, and participate in
lively discussions about procedures, practices, and notary laws. Go online to view the
available notary trainings
and register for a class.
We also offer a range of information sheets to help you review requirements or
procedures for specific types of issues. Topics include apostilles and authentications,
detecting false identification documents, and working with documents in non-English
languages and translations. You can find these resources and more on our
Resources and
Aids to Notarization page.
Chapter 2 - Employee Notaries and Employers
A notary public has an ethical obligation to serve the public. Notaries exist, not for the
convenience of a business, but to serve the common good. The public needs access to the
services of notaries, just as businesses do.
It is important to discuss notary requirements and other issues with your employer. It is
unlikely that an employer will listen calmly and rationally to your concerns when your
biggest client is off to the airport without signing your journal and you won’t complete the
notarization! Employers need to know that you are an officer of the state as well as their
employee and that cooperation is the best way of getting what everyone wants: proper
notarizations done efficiently. It may be helpful to work with your employer and
colleagues to develop a workplace notarization policy to provide guidelines for
notarizations done as part of your work. A workplace notarization policy can help clarify
expectations and provide you with a tool to educate colleagues and customers to prevent
and manage misunderstandings about what it is reasonable to ask you to do. See below
for suggestions about what a policy should include.
Limitations on the Job
Access to Notaries
Under Oregon law, an employer may limit access to employee notaries public during work
hours. For example, a bank may only allow its employees to notarize documents involving
bank business or documents for people with accounts at that bank. Such a policy should
be carefully reviewed by legal staff, however, to protect the employer from lawsuits based
on protected class considerations.
Employers may not prohibit notaries from notarizing on their own time and off work
premises. However, if a notary has signed the fee waiver and does not charge for
notarizations at work, the fee waiver still applies when notarizing after hours.
First, Obey the Law
If your employer insists that you notarize a document in a manner inconsistent with
Oregon laws and rules, you and the employer should be aware of laws regarding notaries
who are forced to break the law, or “commit misconduct.” For example, if your employer
asks you to notarize an acknowledgment without the signing party present, that action
would be intentional misconduct and subject to penalty of the notary.
Secretary of State - Corporation Division
21
According to ORS 194.405(3), if a notary was coerced by threat of the employer into
misconduct, the employer can be liable to the notary for damages recovered from the
notary. This means that if a notary is successfully sued, the notary has the right to sue
the employer, if it can be proved that the employer forced the employee to do the
wrongful act.
It is also a criminal offense to force improper notarizations. ORS 194.990(1)(d) states that
any person who knowingly solicits, coerces or in any way influences a notary to commit
misconduct commits a Class B misdemeanor.
Access to Journal and Stamp
Should your employer purchase the journal and stamping device for you to perform
notarial acts, they do so as a convenience for the office. The journal and stamping device
are the tools a notary uses to perform notarial acts and should be kept in a secure
location accessible only to the notary. It is important that the notary and employer
understand that the journal and stamping device are the exclusive property of the notary,
no matter who pays for them.
Upon termination of employment, the stamping device is the exclusive property of the
notary. The notary journal should also be retained by the notary, unless the notary and
employer have entered into a journal agreement. If a journal agreement has been signed,
the notary shall hand the journal over to the employer and the notary shall retain a copy
of the journal agreement, which may be examined by the Secretary of State upon request
(160-100-0360). If a journal agreement has been signed, many notaries choose to have
two journals: an office journal for notarizations performed during employment and a
second journal for notarizations performed outside of their employment.
Important: if there are multiple notaries at your workplace, each notary must maintain a
separate journal; it is not permissible to share a journal.
Employer Notarization Policies
Companies that employ notaries should have a policy on notarizations. Such a policy
should address at least the following issues:
• What times a notary will be available.
• What types of documents will be permitted. For example, a hospital might allow
notarization only of healthcare documents. Although an Attorney General’s opinion
(DOJ 165-300-0093) states, “...the notary public may, under the notaries public
laws, either serve the entire public which desires notary services, a portion of the
public (such as customers of a business or fellow employees) or no one at all.”
Notaries may be seen as having an obligation to respond to any reasonable request
for a notarization, and employers may wish to uphold that duty. Restriction of
notary services must be carefully crafted, so that the possibility of lawsuits based
on perceived discrimination is minimized.
• A statement to the effect that the “Notary has the sole responsibility to refuse a
notarization,” as that is Oregon law.
• What the fees will be, if any, and where they are posted. [OAR 160-100-0400
].
• The responsibility of the notary for updating commission information and to reapply
for a new commission, along with the procedure for doing so.
22 2024 Notary Public Guide
• Notarization for colleagues on work premises.
• The disposition of notary journals upon termination or resignation of employment.
(The stamping device should always be retained by the notary).
• Education requirements for notary employees.
• Other items of concern or policy, such as the extent and conditions of liability
coverage under the employer’s insurance.
Chapter 3 - Misconduct, Liability & Protecting Yourself
A notary public is responsible for knowing and understanding Oregon laws and
administrative rules relating to notaries. These are found in Oregon Revised Statutes
Chapter 194 and Oregon Administrative Rules Chapter 160-100. The application
examination is based on those laws and rules, and a full copy of them can be found
through the links in the back of this guide or on our website
.
The Secretary of State’s office is available for questions by phone at 503-986-2200,
through website query, or by email
. Our office presents notary trainings, maintains a
website, and publishes this guide. It is up to the notary to make use of these resources,
and to make sure they understand what is required.
Misconduct
Negligent or purposeful improper notarization is called “misconduct.” Misconduct can be
either intentional or unintentional.
Intentional misconduct is deliberate disobedience of notarial statute or rule.
Unintentional misconduct is negligent or accidental behavior resulting in an error in a
notarization. For example, failure to supply the name of the county in the venue portion of
a notarial certificate could be an omission that is deemed unintentional misconduct.
Most misconduct is the result of disobeying the law, whether the notary gives help beyond
what the law allows or fails to do everything the law requires.
Non-attorney notaries must not give legal advice. Do not tell people which legal procedure
to do, how to do it, or what they need to do to get a legal action accomplished. You may
think you know what to do, but you open yourself to a lawsuit even if you are right. The
Oregon State Bar takes a dim view of unlicensed individuals giving out legal advice. This
also applies to notarial certificates. As you’ll see, a notary may not suggest or select
notarial certificates for people. Rather, the notary performs a particular notarization at the
direction of the requesting individual.
Unless being an attorney, supervised by an attorney, or a licensed professional helping
with documents in their profession, a notary public must not prepare legal documents.
Don’t fill out documents or finish drafting them, even as a favor. It takes an attorney to
know what is legally appropriate for a document.
Common examples of misconduct include not requiring personal appearance of the signer;
not keeping a journal; and just “stamping and signing” on a document that does not have
a certificate.
Secretary of State - Corporation Division
23
Sanctions for Misconduct
Because so many documents and judgments based on those documents rely on the
validity of the notarization, breaches of notarial law are taken very seriously. There are
three kinds of penalties notaries can incur through their misconduct: administrative,
criminal, and civil penalties.
Administrative penalties for misconduct are levied by the Secretary of State and can range
from an advice letter to revocation of the commission and a fine. It is important to avoid
such penalties because they may have other consequences. For example, many licensing
agencies will not issue a license if a notary commission has been revoked or suspended.
Notarial mistakes may come to the Secretary of State’s attention because they are
reported by customers or county offices, or because a request for an apostille reveals that
a document has not been notarized correctly. Most misconduct is unintentional, but
uncorrected mistakes can have serious consequences for both signers and notaries (see
the information on civil penalties below).
The first time a notarization is completed incorrectly, the notary will receive an advice
letter from the Secretary of State’s Corporation Division explaining the mistake and
including a copy of the error so the notary can see what they did wrong. The second time,
the notary will receive another advice letter and will also be urged to take a refresher
training to review the basics of notarization. The third time, the notary will receive an
advice letter and will be notified that unless they take the basic training within 30 days,
their commission will be suspended until they have taken that training. If a notary’s
commission is suspended, they will be required to complete the basic training and provide
a copy of their journal to demonstrate that they have not notarized while suspended,
before their suspension can be removed. Notarizing while the commission is suspended
will result in revocation of the notary’s commission.
Criminal penalties are given in cases of fraud, coercion, or other criminal action. In these
cases, the notary has intentionally committed misconduct and is prosecuted in the same
way as for any crime.
Civil pen
alties are the penalties notaries public are most often afraid of incurring. If a
notary’s misconduct unintentionally or intentionally damages the complainant, the notary
is liable for monetary damages without limit. For example, if an improperly notarized
grant deed causes the deal to fall through, and that deal costs the signer thousands of
dollars, the notary can be sued so the signer recovers those losses.
Protecting Yourself
The best way to deal with lawsuits is to avoid them by not making mistakes. You can be
sued even when you have not engaged in misconduct, but you can mitigate the effects of
a lawsuit by purchasing Errors and Omissions insurance.
Avoiding Misconduct - Reasonable Care
Although Oregon statutes do not specifically state this, the legal standard notaries public
must meet is Reasonable Care. Reasonable Care is “that degree of care which a person
of ordinary prudence would exercise in the same or similar circumstances,” according to
24 2024 Notary Public Guide
Black’s Law Dictionary. If a notary acts with reasonable care when performing a
notarization, the courts have generally held that the notary acted with sufficient diligence
and is not subject to damages. The Notary’s best defense against liability is to take
Reasonable Care when notarizing, and to make sure that the journal is a
complete and accurate record of all notarial activity.
Below are some suggestions for making sure that you meet the standard of Reasonable
Care and protecting yourself in the event of a lawsuit.
Obey all Laws and Regulations
The most important thing to remember about Reasonable Care is that you are required to
know and understand what the law requires of you. In other words: Do what the law says
you should do and don’t do what it says you shouldn’t.
Use Good Judgment and Common Sense
Many situations the notary public encounters are not precisely spelled out in law. The law
gives general guidelines but relies on the notary’s common sense to properly evaluate
each situation. For example, notaries may use a driver license to identify a signer, but if
the ID looks false (a tampered photo, obviously incorrect birth date, sex, or height, etc.),
then the notary has a duty to act appropriately—for example, by requiring the signer to
provide an alternate form of identification or refusing to perform the notarization.
Although many of the instructions in this guide have no direct counterpart in statute, they
are good sense practices that will help the notary avoid any appearance of wrongdoing or
insufficient care.
Consider Purchasing Errors and Omissions Insurance
Errors and Omissions (E & O) insurance covers a notary if he or she is sued over the
performance of a notarization. If a notary is sued, the insurance company will handle the
litigation, bringing in expertise that the average person is hard-pressed to match. The
company will negotiate a settlement if it finds a compelling reason to do so. It will pay the
amount of a judgement against the defendant up to the limit of the policy. However, there
are two overriding factors that reduce the usefulness of this insurance.
First is the payoff ceiling. Insurance will only pay assessed damages up to a certain
amount. Many policies don’t go over $50,000, yet the liability has no limit. Notaries can
be and have been sued for millions of dollars. A notary should not rely on insurance as a
comprehensive safety net.
The second limitation is that errors and omission insurance covers only what the insurance
company believes is accidental or negligent misconduct. If a court determines that the
misconduct was intentional, even if not done with criminal intent, the notary may not be
covered. A handy way to think about the difference between these two types of coverage
is that errors and omissions insurance protects you, while a bond protects the public.
Consider taking out a Bond
Oregon does not require notaries to post a bond. If you have filed a bond and are required
to pay damages, the bondsman pays for you out of the bond amount, but you still have to
pay the bondsman back. Bond payouts are limited, too; many bonds are capped at
$25,000 or less. Note that, unlike E & O insurance, bonds can be used for either
intentional or unintentional misconduct.
Secretary of State - Corporation Division
25
Errors and omissions insurance protect the notary, and bonding protects the public from
the notary. Errors and omissions insurance and bonding are not required for an Oregon
notary; they are optional.
Notario Publico Fraud
In the United States, notaries public mostly witness the signing of documents and
administer oaths. The term notario publico is most often used in Latin American countries
and refers to someone who has received the equivalent of a law license and is authorized
to represent others before the government. “Notario publico” is not an appropriate
translation for “notary public.” If a notarial certificate is written in Spanish, the notary’s
title should be written as “Oregon Notary Public,” not “Notario Publico.”
Oregon law prohibits anyone other
than a properly licensed legal
professional or attorney from
serving as an immigration consultant.
This includes helping someone fill out
immigration forms. The Department
of Justice licenses non-attorney
representatives who can help with
immigration paperwork. See
Recognized Organizations and
Accredited Representatives Roster
(justice.gov)
There have been cases in Oregon of
notaries and individuals calling
themselves notarios and
taking advantage of new immigrants
who aren't aware of the distinction
between notario publico and notary
public.
26 2024 Notary Public Guide
Learn the Differences
Oregon Notary Public:
Notario Publico:
• May take acknowledgments,
administer oaths, certify
copies, and witness
signatures.
• May issue opinions; be an
arbitrator; ensure documents such
as wills, deeds, and real estate
purchases are legal; attest to facts.
• Is usually not a lawyer.
• Must be a lawyer.
• more than 40,000 in Oregon.
• One of a very limited few that
compete for a vacant office.
• Fee = $10 per act.
• Fee is a percentage of the
transaction; often thousands of
dollars.
Misrepresenting qualifications to offer legal advice can have severe implications for
immigrants, including missed deadlines, filing incorrect forms, or the filing of false claims
with the government. An immigrant may miss opportunities, could be deported, or can be
subject to civil or criminal liability for the filing of false claims.
Because vulnerable populations are being scammed by unscrupulous people, Oregon has
a law against falsely advertising as a notario publico: “A notary public, other than an
attorney licensed to practice law, may not use the term “notario” or “notario publico.”
[ORS 194.350(3)
]. House Bill 4128 makes it a crime to act as a notary public without
being commissioned, and allows for denial/revocation of commission on finding of
unauthorized practice of law, unlawful trade practice, and obstructing governmental
administration. It also states that such a conviction permanently prevents the individual
from serving as a notary.
A notary who is not an attorney must include the following statement on all advertising:
“I am not an attorney licensed to practice law. I am not allowed to draft legal records,
give advice on legal matters, including immigration, or charge a fee for those activities.”
[ORS 194.350(4)(A)
].
Advertising as a “Notario” can have serious consequences
• It is illegal under the state notary public and the Unlawful Trade Practice statutes
• It can also be prosecuted as Unauthorized Practice of Law
• Federal, state and county prosecutors, including the Oregon State Bar, the U.S.
Department of Justice, the Attorney General and local District Attorneys have and
will take offenders to court.
• Penalties include permanent injunction of trade, fines, notary commission
revocation, and actual and punitive damages under civil suit.
Reporting Notarios
You can make a complaint against someone advertising as a notario publico by contacting
any of the following:
• Secretary of State:
http://sos.oregon.gov/business/Pages/complaint-
against-notary.aspx
• Attorney General: https://justice.oregon.gov/complaints/
Secretary of State - Corporation Division
27
• Oregon State Bar (Unauthorized Practice of Law):
http://www.osbar.org/_docs/resources/UPLComplaintForm.pdf
• Federal Trade Commission: https://reportfraud.ftc.gov/
I-9 Verifications: Can I perform them, and how do I do so?
An I-9 form is issued by the U.S. Citizenship and Immigration Services (USCIS). The I-9
Employment Eligibility Verification form verifies the identity and employment eligibility for
all people hired in the U.S.
Every person in the workforce has to fill out an I-9 form before starting work. Businesses
who hire employees remotely will often require the person to go to a Notary to complete
their I-9 form, because Notaries have expertise in verifying identities. However, the I-9
form does not have any notary certificate wording and the notary is not asked to apply
their notary stamp on the form. The I-9 verification is not considered a notarial act.
Therefore, the notary may only perform the I-9 verification in a non-notarial capacity, as
a representative of the hiring company.
For information on the I-9 Employment Eligibility Verification
form please see the U.S.
Citizenship and Immigration Services link on our Employer Forms website.
What is a Medallion Signature Guarantee?
A Medallion Signature Guarantee is a special signature guarantee for the transfer of
securities. Financial institutions may perform Medallion signature guarantees. It is a
guarantee by the transferring financial institution that the signature is genuine and that
the financial institution accepts liability for any forgery. An investor can obtain a signature
guarantee from a financial institution – such as a commercial bank, savings bank, credit
union, or broker dealer – that participates in one of the Medallion signature guarantee
programs. A Medallion signature guarantee is not a notarial service.
For more information on obtaining a medallion certificate, please go to the
U.S. Securities
and Exchange Commission website.
Chapter 4 – Notary Fees
The notary public keeps track in the notarial journal of the amounts charged for
notarizations, whether the notary receives the fee as personal income or if the notary
collects a fee while on the job and turns the fee over to the employer. The notary should
record any fees collected in the journal. Whether the employer or the notary public keeps
the fees is an issue to be settled by those two parties (and should be spelled out in your
workplace notarization policy). Be sure to mark clearly in your journal which fees are
collected as personal income vs. fees collected for the office. Most notaries who notarize
outside the office will have a separate journal for this reason. Notarial fees may be subject
to income tax. You should also note when you have waived a fee.
28 2024 Notary Public Guide
Notary Fee Limit
A notary may charge up to $10 per notarial act. Notaries who charge for their service may
charge less than the $10 fee, but they must not charge more. Notaries who do charge a
fee should do so in a consistent and non-biased manner. It is permissible to charge less or
waive fees for specific groups (for example, people suffering financial hardships,
veterans), but if you do so be careful to define these groups in such a way that you
cannot be accused of bias, and charge the fees in a consistent manner.
A schedule of fees must be prominently displayed or handed to customers prior to
notarization; they have the right of refusal if they do not wish to pay. This schedule of
fees must also include any charges in addition to the fee for the notarial act, e.g., a travel
fee.
Waiver of Fees
A notary public may file with the Secretary of State an online Notary Information Change
form, waiving the right to charge a notary fee. A waiver of fees is recommended for public
officials who are also notaries, so that they may avoid holding “more than one lucrative
office” (Article II, sec. 10, Oregon Constitution) and be exempted from the need to post a
fee schedule. If a waiver is filed, the notary shall not charge, attempt to charge, or
receive any notary fee for a notarial act performed after the date the notary filed the
statement of waiver. [
OAR 160-100-0420] However, a public agency may charge the
notary fees directly.
To resume charging for notarizations, the notary public may send the Secretary of State’s
Corporation Division a letter to rescind the waiver of fees, or they may file the online
Notary Information Change
through our website. If the notary public is unsure if a waiver
has been signed, the notary public may contact the Corporation Division at (503) 986-
2200 to find out if a waiver form has been filed. Not signing a waiver of fees does not
require the notary public to charge--it is an option, not a requirement.
Some elected and public officials may not charge for their notarial services. Check with
legal counsel if you are in doubt about whether it is appropriate for you to charge for
notarizations.
Travel Fee
When a notary public is asked to travel to perform a notarial act, the notary public may
charge a travel fee, separate from the notarial fee. The travel fee amount must be agreed
upon prior to meeting with the customer. [ORS 194.400(2)(a-b), OAR 160-100-0610(57)
]
You must make travel fee information public, along with the rest of your fee information.
Notary Fees and Your Employer
Oregon statutes and rules do not address the collection of notary fees by private
employers, but a written agreement about notary fees is advisable. Except for public
employers, the statute gives only the notary public the right to charge notary fees, but a
private employer often includes a notary charge to the customer when notarization takes
place. An employee notary public may enter into an agreement with their employer
whereby the notary performs their notarial duties and the fee is retained by the employer.
The fees must not be more than established by Oregon law, ORS 194.400(1)
, and the
Secretary of State - Corporation Division
29
agreement should make it clear that the notary gives the employer the right to collect and
retain the appropriate revenue. It is also common for the notary not to charge a fee for
notarizations performed in the course of their work. The notary public, however, should be
allowed to keep fees collected when notarizations are not connected to his/her
employment. An agreement should be reviewed by legal counsel, if available, to ensure
compliance with notary law and rule.
Advertising
All non-attorney Notary advertisements must include a “can’t practice law” statement in
the language of the ad. This is a requirement for all advertising media, including
broadcast, Internet, and print media. Here is an example of language you might use:
If it won’t fit on a sign, the statement must be prominently displayed or provided before
the notarization.
A notary public, unless they are an attorney, may not give legal advice or advertise that
they can assist with drafting legal documents.
I am not an attorney
licensed to practice law. I
am not allowed to draft
legal records, give advice
on legal matters, including
immigration, or charge a
fee for those activities.
Notarizations Here!
$10/act
30 2024 Notary Public Guide
Chapter 5 – How to Notarize
Don’t allow yourself to be rushed. You may have a client who is impatient to get through
the “red tape” of notarizing a document. It is important to remain calm and make sure
you notarize correctly, or you may later wish you had been more careful.
Sometimes a client or employer may insist that you do something contrary to notary law.
It’s important to stand your ground the first time, because chances are it won’t happen
again once they’ve seen you mean business. Remind your boss (in a less stressful
moment) that it’s important to both of you that the notarization is properly done. A few
extra minutes taken now can prevent difficulties later.
Below are the steps to correctly notarize a document.
A proper notarization must have a complete notarial certificate, an official
notarial signature, and an official notarial stamp.
1. Review the Document
Review the document for information.
Look for information required for the journal, such as document date and type, whether
there are multiple certificates, and what act is required. Also check for information that
could implicate the notary in misconduct, such as being named in the document.
Check the date on the document.
The date on the document may be different than the date of the notarization. If the
document does not have a date, indicate ‘no date’ or ‘undated’ in your journal where you
would indicate the document date, rather than including the date of the notarization or
leaving it blank. The document may be an older document that needs to be notarized, so
the document date could be a date in the past. The document could have a future
effective date, such as “This document shall come into effect on July 31, 2099.” In short,
the document that is being notarized can have a past date, a current date, no date, or
have a future effective date. However, the notarization date (listed in the notary
certificate) is never in the past or future; the notarization date must always be the
date that you are notarizing. A signer might ask you to pre- or post- date a
notarization because of some deadline for the document, but you must never do so.
Check the document for blank spaces.
Blank spaces that can be filled in later have the potential for fraudulent use. If blanks are
intended to be left blank, the customer should indicate that in some manner, (e.g., N/A to
indicate not applicable).
The non-attorney notary public can point out the blanks to the customer, but may not tell
the customer how to fill them in. If the customer chooses not to fill in the blanks, the
notary public can, using his or her best judgment:
a) Ask the customer to initial next to the blanks to indicate his or her knowledge of the
deficiency and note it in the journal;
b) Complete the notarization (noting in the notarial journal that there were blanks in
the document and that the customer was aware of the blanks, but chose not to fill
them in); or
c) Refuse to notarize (and note in the notarial journal the reason why the notarization
was refused).
Secretary of State - Corporation Division
31
Staple the document together.
If the document to be notarized consists of more than one page, staple the entire
document together, making it a whole and complete organic document.
2. Identify the Signer
Require the personal appearance of the signer. The person signing the document
must be physically in your presence for the notarization to be valid. Because questions of
identity are a crucial part of detecting and preventing notarial fraud, please see Chapter
13 in this Guide for more information on detecting false identification documents and
preventing fraudulent use of your notary credentials.
Make a careful identification of the signer. There are three possible ways for a notary
to verify the identity of a signer: personal knowledge, credible witness, or ID documents.
Only one of these is necessary before performing the notarization; however, a notary may
require an individual to provide additional information or identification credentials
necessary to confirm the identity of the individual. A notary should accept a statutorily
valid means of identification, unless there is a question of fraud or forgery. The criteria for
valid identification are:
Personal Knowledge—In order to claim that a notary personally knows the signer,
there should be:
• A long-term relationship. You cannot use personal knowledge as identification for
someone the boss introduced you to this morning, or for a colleague with whom
you rarely interact.
• Sufficient breadth of knowledge. You should know more about the individual than
what a nodding acquaintanceship would bring.
• Reasonable certainty. You must have no reasonable doubt in your mind that the
signer is who they claim to be. The test is: Would you be willing to swear to it in
court?
Credible Witness—the notary relies on the testimony of someone who swears that
they personally know the signer. In order to use the credible witness as identification:
• The notary must either personally know the witness or get satisfactory evidence of
the witness’s identity through an approved identification document that has not
been expired more than three years.
• The witness must personally know the signer, but should not be a relative.
• Both witness and signer must be present during notarization.
• Witness must take an oath from the notary.
Sample oath/affirmation:
“Do you solemnly (swear)(affirm) under penalties of perjury that you
personally know this person as (name of person whose signature is to be
notarized), that he/she is the person named in the document, and that you
have no financial interest in and are not a party to this transaction (so help
you God)? In administering the oath, offer the witness the choice between
swearing and affirming and administer the oath accordingly: if the witness is
swearing, include “so help you God”; if affirming, do not include “so help you
God”.
32 2024 Notary Public Guide
• Witness should sign the journal and provide his or her full name and contact
address.
• Witness must be honest, competent, and impartial.
The next journal entry is for the document that is being notarized. For the signer’s
identification, the notary will insert the credible witness’s name, as a credible witness for
the signer. There will be two journal entries when using a credible witness: one entry for
the credible witness and one entry for the person who is having a document notarized.
See below for an example of journal entries using a credible witness.
Journal: Credible Witness
Identification Documents—the following types of identification may be used to
positively identify a client, if they are current or expired not more than three years
before performance of the notarial act. All forms of identification must include
both a picture and a signature.
• A driver’s license, ID card issued by the DMV, learners permit, provisional or
limited term driver license. (Temporary (interim) driver license or temporary ID
cards are only good for 30 days.)
• A United States passport or an officially recognized passport of a foreign
country. A United States passport refers to either a U.S. passport or a U.S.
passport card issued by the U.S. Department of State.
• A United States military identification card that contains the person’s
photograph and signature. This excludes most recent military ID cards.
• A Tribal ID card issued by a federally recognized Indian tribe that contains the
person’s photograph and signature. Some of these IDs may not have an expiration
Date/
Time
of Act
Type
of Act
Doc.
Date
Doc.
Type
Printed
Name
Contact
Address
Signature ID Additional
Info.
Fee
7/08/1
9
2:30
p.m.
Oath N/A N/A
Marla May
123 8
th
St.
Anytown,
OR 97888
Marla
May
ODL
exp.
6/9/25
Credible
witness for
John Jones
$10
7/08/1
9
2:30
p.m.
Ack.
7/08
2019
Limited
POA
John
Jones
125 8
th
St.
Anytown,
OR 97888
John
Jones
Marla
May
credibl
e
witnes
s
N/A
$10
Secretary of State - Corporation Division
33
date, so they can be considered permanent. In these situations the ID may have a
picture of the signer from many years ago so that they are not immediately
recognizable as the person in the photograph. In these cases, you may request a
second form of picture ID.
• Other government documents. A document issued by the federal government or
a state, county, or local government that contains the person’s photograph and
signature.
• Corrections records. If a person is confined in a correctional facility and needs to
have documents notarized, identification used to identify the incarcerated person
shall be the ID that is used in the facility to positively identify an inmate through
examination or comparison of official government documents or records.
If there is any confusion about the identity of the signer, the notary may request
additional information or identification credentials necessary to confirm the identity of the
individual. Perhaps the notary is handed a driver license that’s bent, cut, or is simply so
worn that the picture isn’t clear any longer. Perhaps the person in the identification has
changed so much that it’s not certain it’s the same person any longer.
Matricula Consular ID is NOT Acceptable by Itself
Several Latin American countries, particularly Mexico, are allowing their consulates to
issue matricula consular ID to their citizens in the United States, or issue the matricula
consular ID to those who come to the U.S. Oregon does not recognize matricula
consular ID. We’ve been advised by our Deputy Attorney General that Oregon notarial law
sets out an exclusive list of “Identification Documents” a notary may rely on in verifying
the identity of a person. That list does not include matricula consular ID. If a notary
needed additional ID cards, however, the matricula consular ID could be used as a
backup.
3. Determine the Signer’s Willingness and Awareness
The notary, by the act of notarizing, declares that the signer did so freely and willingly.
This can be especially important when people who are easily victimized must sign legal
documents: i.e., minors, the infirm, and non-English speaking individuals.
The notary must make a judgment that the signer is aware of what they are signing. If
the notary is questioning the awareness of the signer, the notary can engage in normal
conversation with the individual. After a few minutes, it should be apparent if he or she is
incoherent, disoriented, or otherwise incapacitated. When in doubt, the notary can get the
opinion of a doctor or an attorney. Make the appropriate notation in the journal that they
attest the signer has sufficient awareness of the notarial act to execute that act and make
sure the doctor or attorney signs the journal by their remarks. Remember, the notary
always has the right to refuse to complete a notarization if the notary determines that the
person signing the document isn’t competent or has the capacity to execute the record,
isn’t freely signing the document, or questions the identification that has been produced.
[ORS 194.245
].
34 2024 Notary Public Guide
4. Complete the Notary Journal
Describe the notarization in the notary journal and obtain the signature of the signer.
Refer to Chapter 6 in this guide for the journal requirements.
5. Complete the Notarial Certificate
Fill out the certificate and affix the official notary stamp and signature to the page.
Refer to Chapter 7 in this Guide for the certificate requirements.
Chapter 6 - The Notarial Journal
Notarial Acts Required to Be Recorded in Notarial Journal
The two notarial acts that are required to be recorded in the notarial journal are
witnessing a signature and acknowledgment (individual and representative capacity).
The Secretary of State strongly recommends that all notarial acts be recorded in
the journal, because this is the best proof you can provide that you have met the
standard of Reasonable Care. A notary public may record in a notarial journal any
information about the notarial acts performed by the notary public or those refused to be
performed. Most of the time, a journal entry can prevent a notary from being named in a
lawsuit or can clear a complaint against a notary the Secretary of State is investigating. If
anyone wishes to make inquiries about a notarization, few people can trust their memory
to perfectly recall the incident, and fewer still would accept something that wasn’t written
down.
The journal must be filled out at the same time as the rest of the notarization. You may
not “pre-fill” a journal entry or finish it after the signer is gone. Best practice is to
completely fill out the journal, along with the customer’s signature, before completing the
notarization. [ORS 194.300(3)
]
Other Notarial Acts That May Be Recorded [ORS 194.300(11)]
• Administering an oath or affirmation.
• Affidavits.
• Billing statements for media advertising.
• Certifying or attesting a copy of a document.
• Protests of commercial paper (to be recorded as provided in
ORS 194.380 and
73.0505).
• Verifications upon oath or affirmation.
Importance of the Journal
The journal is an accurate log of the notarizations performed; it serves to protect the
notary and may be used as evidence in a court of law. The notarial journal is a vital
component of exercising reasonable care. It is prudent to diligently keep a record of your
notarial transactions.
Secretary of State - Corporation Division
35
The journal reminds a notary to ask for necessary information and provides a reason to
get that information if the client is reluctant. It serves as evidence that your side of the
story is true. Most of the time, the journal can prevent a notary from being named in a
lawsuit. The Secretary of State relies on journal entries when a complaint has been lodged
against a notary.
If it is necessary to alter a notarial certificate, the journal can help to verify the point in
question and give you contact information so you can get the document to make the
correction. It is also the place of record that the correction was made.
You need to keep a journal properly because it is the law. Statutes require a notarial
journal, and administrative rules stipulate what must be kept in the journal. The notary
must make sure that their journal and stamping device always remain secure and are
under the exclusive control of the notary.
Format of the Journal
The notarial journal may be in either electronic or paper format. If the notary has more
than one journal, they can have them in either format or both. See
OAR 160-100-0200
and 160-100-0210 for more information about the journal format requirements. Whether
paper or electronic, there are requirements to prevent tampering and properly evidence
the sequence of notarizations: for example, an Excel spreadsheet is not a proper journal,
nor is a loose-leaf 3-ring binder.
Although an electronic journal may be more convenient for electronic notarizations, there
is no requirement to use one. It is permissible and just as easy to use a paper journal for
electronic notarizations. Similarly, notarizations using paper may be noted in an electronic
journal. If a notary does only an occasional electronic notarization, then it might make
more sense to keep all notarizations in the same journal, regardless of media.
Keeping the Journal
The notary public shall keep the journal for at least 10 years after the last act noted in the
journal. [ORS 194.300(1)
] However, because it is the only record of the notarization and
because the statute of limitations can be uncertain, the Secretary of State encourages
longer storage, particularly if the documents that were notarized have a longer lifespan
than 10 years. For example, wills, financial documents, mortgages and other recorded
real property papers may be active records for decades. After retaining the journal for the
required 10 years, the notary may destroy the journal in such a way as to make it
impossible to retrieve personal information (burning or shredding, for example). The
notary must not discard the journal in the trash or recycling.
If there is a journal agreement, as provided in Oregon Administrative Rule 160-100-0360,
the journal stays with the employer upon termination or departure of the employee. The
employer must follow the same rules for retention and disclosure as the notary would.
Upon revocation of the commission, the notarial journal and stamp must be filed with the
Secretary of State’s office within 30 days after the date of revocation. Upon the death of a
notary public with an active commission, the notarial journal must be sent to the
Secretary of State’s office, unless the notary public entered into a written agreement with
his/her employer. The notary public’s official stamping device must be made unusable by
destroying, defacing, damaging, or erasing the device, or by securing it against use (for
36 2024 Notary Public Guide
example, with a special locking device). Upon incompetency of a notary public, the journal
must be sent to the Secretary of State’s office and the stamping device must be made
unusable by destroying, defacing, damaging, or erasing the device, or by securing it
against use (for example, with a special locking device). If the notary is suspended, they
will retain the journal and stamping device until suspension is no longer in place.
Should the notary decide to resign their commission, they will need to complete the online
Termination of Notary Public Commission form
. . The notary must disable the stamping
device by destroying, defacing, damaging, erasing or securing the device against use. The
notary may retain the journal for the period required by law or submit it to the Secretary
of State for retention and eventual disposal.
Disclosure of Information from the Journal
If the notary is also a public official or employee, or if the journal resides with the
Secretary of State, the notarial journal falls under public records disclosure laws. A public
records request under ORS 192 would be made to see the specific journal entry. If the
Secretary of State deems that it is in the public interest not to disclose such information,
then the journal is kept private.
Every other notary is exempt from being required to disclose the journal contents, unless
requested by the Secretary of State or under subpoena. Normally, it will be in the notary’s
interest to cooperate with an official investigation or to avoid being named in a suit.
Notaries should not allow “fishing expeditions,” or malicious attempts to view private
information, such as addresses or signatures. There is no reason to allow someone to
browse through your journal.
Notary Journal Contents
All notaries public must keep and maintain one or more journals, even if the notarizations
normally performed fall under the exempt status. [OAR 160-100-0230
] A notary public
may be asked to notarize non-exempt documents at any time. Again, the Secretary of
State recommends that all acts be recorded in the journal. A notarial journal may not be
shared. Each notary public must keep and maintain their own notarial journal; sharing an
“office” journal is not allowed. The notary shall retain the journal for at least 10 years
after the performance of the last notarial act recorded in the journal.
The information contained in the front of the notarial journal must be kept current. This
includes the notary public’s name, commission number, commission expiration date,
commission address, and what should be done with the journal in the event of the death
of the notary. If a notary reapplies for a new commission, the notary may use the same
journal. However, the law requires this information to be updated. [
OAR 160-100-
0200(4)].
The notary public may wish to create abbreviations of terms used when recording entries
in the notarial journal. If abbreviations or symbols are created, put a glossary of
abbreviations and what the symbols stand for in the front of the notarial journal. (For
example: Ack. for Acknowledgment).
Secretary of State - Corporation Division
37
Record the details of each notarization in your journal. [
ORS 194.300(3)]
• Date and time the notarial act was performed.
• Type of notarial act performed.
• Date of the document notarized.
• Document Type notarized: grant deed, affidavit, contract, foreign invitation,
student transcript, etc.
• Printed full name and contact address of the signer.
• Signature of the signer.
• Description of how the notary public identified the signer. If identification
documents were used to identify the signer, the description shall consist of the
name of the organization that issued the document, the type of document, and the
document’s expiration date (e.g. ODL, exp. 8-8-2025). Do not record personal
numbers such as a driver license, or SSN or passport numbers in your
journal.
• Additional information: describe any unusual circumstances, such as power of
attorney; reason for refusal to notarize; corrections made to notarial certificate;
representative authority (e.g., President of ABC Company); etc.
• Fees collected. Put a notation that there was no charge if no fees were collected.
Abbreviated Multiple Entry in Notarial Journal (shortcuts)
Duplicate Original [
ORS 194.300(4)(a)]
If a notary public notarizes duplicate originals of a single statement or document for the
same person on the same date, the notary public may fill out one journal entry indicating
how many originals were notarized.
Example:
James L. Howe needs to have each of 25 copies of his Bill of Sale notarized. Instead of
filling out 25 different journal entries, the notary may fill out one journal entry, indicating
how many identical copies were notarized.
Date/Time
of Act
Type of
Act
Document
Date
Document
Type
Printed
Name
Contact
Address
Signature ID
Additional
Info
Fee
Required Required Required Required Required Required Required
If
necessary
Required
38 2024 Notary Public Guide
Date/Time
of Act
Type
of
Act
Document
Date
Document
Type
Printed
Name
Contact
Address
Signature
ID
Additional
Info.
Fee
3/2/19
1:30 pm
Ack. 3/2/19
Bill of
Sale
James
L.
Howe
James’s
address
James
L.
Howe
ODL
exp.
12/1/25
25
duplicate
originals
N/C
Multiple Acts I [
ORS 194.300(4)(b)]
If a notary notarizes different statements or documents for the same person on the same
date, the notary public may fill out one journal entry, indicating the different notarial acts,
document dates, and document types.
Example:
Debra Smith needs to have an Affidavit and a Deed notarized, instead of filling out two
different journal entries; the notary can indicate both types of acts, document dates, and
document types in one journal entry.
Multiple Acts II [
ORS 194.300(4)(b)]
If a notary notarizes different statements or documents for the same person on the same
date, the notary public may fill out separate journal entries and, where the information is
the same, may use ditto marks to indicate the same information that is carried over. The
signer does not need to sign separate journal entries. The notary may draw a diagonal
line across the signature area and have the signer sign on the line.
Example:
Deborah Smith needs to have several different documents notarized. The notary lists all
items to be notarized as separate journal entries and has Deborah sign on the diagonal
line.
Date/Time
of act
Type
of Act
Document
Date
Document
Type
Printed
Name
Contact
Address
Signature
ID
Additional
Info.
Fee
8/23/19
3:00 pm
Swear
Witness
3/1/19
3/2/19
Affidavit
Deed
Deborah
Smith
Deborah’s
address
Deborah
Smith
ODL
exp.
6/2/25
Two
separate
documents
notarized
$20.00
Secretary of State - Corporation Division
39
Date/Time
of Act
Type
of Act
Document
Date
Document
Type
Printed
Name
Contact
Address
Signature ID
Additional
Info.
Fee
3/4/19
11:15 am
Ack. 3/4/19 Contract
Deborah
Smith
Deborah’s
address
ODL
exp.
10/8/2025
$10.00
“ ”
Aff. “ ” Declaration “ ” “ ” $10.00
“ ” Sign. “ ” Order “ ” “ ” $10.00
“ ” Copy “ ”
Corp.
Resolution
“ ” “ ” $10.00
Previous Cite [ORS 194.300(4)(c)]
If a notary public notarizes more than one statement, signature, or document for the
same person but not on the same date, the notary public may refer to previous journal
entries in regard to the signer’s address and how the notary identified the signer.
Example:
Here, the notary has previously notarized for Deborah Smith. The notary has indicated
previous journal information for the address and how Deborah was identified.
Date/Time
of Act
Type
of
Act
Document
Date
Document
Type
Printed
Name
Contact
Address
Signature
ID Additional
Info
Fee
3/4/19
11:15 am
Ack. 3/4/19 Contract
See
page 2
Line 3
Deborah
Smith
See
page
2
Line
3
$10.00
40 2024 Notary Public Guide
Chapter 7 - Notarial Certificates
A certificate provides the information on the notarization itself. Every properly completed
notarization must include a certificate, either on the document itself or as a separate but
attached document. An Oregon notary public is authorized only to take an
acknowledgment, verify an oath or affirmation, witness a signature, certify to a copy, and
make or note a commercial protest. Notaries should be prepared to notarize any of these
acts, except a commercial protest. Commercial protests are highly technical and rare in
nature, so only qualified notaries may protest commercial paper.
Notarizing a Commercial Protest
A Commercial paper is a short-term promissory note issued mostly by financial institutions
and corporations to finance short-term liabilities like payroll, accounts payable, or
inventory. If the note is not paid, the holder may protest the instrument by having a
notary notarize a certificate of dishonor to indicate the note has not been paid.
A notary public may notarize the protest of commercial paper only if the notary public is:
• An officer or employee of a financial institution, trust company, or investment
company, or a person serving under the direct supervision of such officer or
employee, or
• An active member of the Oregon State Bar, or an individual serving under the direct
supervision of an active member of the Oregon State Bar.
A notary public may not protest any commercial paper owned or held for collection by a
financial institution, trust company, or investment company if the notary is individually a
party to the commercial paper.
Notaries who do not meet this requirement cannot notarize Commercial Protests. A
notary public who violates this law will be subject to revocation of their notarial
commission. Each notary public who protests any commercial paper shall take the actions
required by ORS 73.0505
Components of a Notarial Certificate
Oregon law states certain minimum requirements for notary certificates. If any of the
necessary certificate information is left out of pre-printed certificates, (e.g., a jurat
signer’s name, venue information, etc.) the notary must add the appropriate information
to make the certificate complete. All properly completed notarizations must have a
certificate. Notarization without a certificate --using only the notary public’s signature and
stamp imprint-- constitutes official misconduct. When in doubt, look up the proper
certificate format and complete the certificate. The notarial certificate must fit the notarial
act being performed.
The following are the minimum requirements to be included in the notarial certificate:
1. Venue, which indicates the state and county where the notarization takes place.
Notaries are commissioned for the whole state of Oregon and may notarize in all counties.
2. Statement of particulars, which provides the details of the notarization, such as:
Date of notarization
Who personally appeared
Secretary of State - Corporation Division
41
What the signer did (type of notarization performed)
3. Notary stamp imprint*, which provides commission information.
4. Notary signature, which must match the signature on file with the Secretary of State.
The notary’s stamp imprint and signature may be in any color of ink that is easily
reproducible; black and dark blue are recommended, but any dark color is permissible.
All of the components of the notarial certificate must be on the same page, and the same
side of the page.
*An exception is made for subdivision, condominium or partition plats. A notary stamp is
not required on these documents because the Mylar they are printed on will not hold the
stamp imprint using the type of ink normally associated with a notarial stamping device.
[ORS 194.280(8)
].
Instead of affixing a notarial stamp to these documents, the following must appear
beneath the notary’s signature on the document:
The printed name of the notary public as it is written on the notary’s commission
certificate,
The words NOTARY PUBLIC – OREGON;
The words COMMISSION NO., immediately followed by the notary’s commission
number;
The words MY COMMISSION EXPIRES, immediately followed by the notary’s
commission expiration date expressed in the terms of the month spelled out, 2 digit
date, and 4 digit year, (i.e. January 02, 2024).
Selecting the Notarial Certificate
A notary public is often asked to notarize a document that has no notarial certificate
attached. Even worse, some documents may have what clearly seems to be the wrong
certificate (e.g., an affidavit is using an individual acknowledgment form). Unfortunately,
the client requiring the notarization may not know what the certificate should be.
The natural inclination in such cases is to suggest or even automatically provide the
certificate that seems to be indicated. However, an Oregon Attorney General’s counsel
clearly and emphatically states that a notary public must not give legal advice or
draft a certificate. Not only could the notary be liable if the certificate is incorrect and
invalidates the document, but he or she is also probably illegally practicing law. The
Attorney General’s letter says:
“In conclusion, I advise that the Corporation Division should not assist notaries
public with the selection of proper certificates, and should further advise notaries
public that they should not be recommending or selecting notarial certificates for
persons requesting notarial certificates. So long as nothing in the certificate is false,
and the necessary information is included, the notary public may complete the
certificate. If the notary public has a concern about whether a particular certificate
is correct, the notary public should recommend that the person seek legal advice
before selecting another certificate.”
A Proper Notarization = Certificate + Stamp + Notary Signature
42 2024 Notary Public Guide
Oregon Law states that a notary public cannot execute any certificate containing a
statement known to the notary public to be false. [ORS 194.340(1)(g)
]. If the notary
believes the certificate is not the proper one for that type of document, the most the
notary public should do is recommend that the person reexamine the document and
consult with an attorney. If the person insists that this is the correct certificate, then the
notary should either complete the notarial act as requested and note in the journal that
the person insisted this was the correct certificate, or decline to provide the notarial
service. The notary public should not take it upon himself or herself to select or substitute
a certificate on behalf of the person.
There is still the question of how to help an individual who is unsure about the proper
certificate or notarial act. All he or she may have been told is “Get it notarized.”
A notary public may point out ORS 194.280
, which shows the required elements of the
certificate. A notary may also suggest the person consider using one of the “short forms”
in
ORS 194.285. The person can review Chapter 8 – Oregon Notarial Certificates of this
publication, which offers a list of possible certificates, and have them select the certificate.
The notary public should advise that if the person is uncertain which certificate is correct,
the person should consult with an attorney.
Remember: a non-attorney notary public is just an impartial witness, not an
expert on legal procedure.
Completing the Notarial Certificate
1. Certificate must fit the notarization. If the client asks for one kind of notarization,
but a different certificate is on the document, ask the client to contact either the sender or
recipient to confirm which one is appropriate.
2. Read the certificate carefully. A few pointers:
If it says “subscribed and sworn,” make sure you administer an oath and witness
the signature.
“County” is always the county where you perform the notarization.
Watch the name blanks: In a certificate that says, “before me, _
_______________,
personally appeared ________________,” the notary’s name goes first, then the
signer’s. Be careful that you do not put your name in the blank for the signer’s
name.
Fill in all the blanks. If you don’t know what to put in a blank, talk with the signer
and get the information. If he or she doesn’t have it, then you may need to get in
touch with the sender or recipient.
Draw a line to fill extra space. If the name of the signer doesn’t fill the whole space
left for it, put a line through the remaining portion so that no one can add
additional names to the certificate after it leaves your hands.
Show your choice (e.g., “he/she/they executed it.”). Cross out the wording that
doesn’t apply. The idea is that the certificate should read smoothly, with no doubt
in the reader’s mind exactly who did what, when and where.
Secretary of State - Corporation Division
43
3. Make sure all the elements of the certificate statement are there: venue,
notarial act, signer, and date.
4. Don’t “stamp and sign.” If the client has indicated which notarial act is desired, and
there is room on the document, you may add the certificate wording directly to the
document. Attach a “loose” certificate if there is no room on the document for all three
elements: certificate, notary signature and stamp. If you attach a loose certificate, be
sure to add a document description to the certificate so that it is clear to what document
the certificate belongs. You should also add a note to the document to the effect that
there is a notarial certificate attached. This will help to prevent confusion and discourage
fraud.
5. Affix the notary signature and stamp properly. The ideal place for the notary
stamp is immediately left or right of the notary signature in the notarial certificate. Do not
put the stamp over the abbreviation “LS.” Even though “LS” stands for “place of the
stamp” (locus sigilli), placing the stamp there could obscure some of the words or
obliterate some writing.
The notary stamp must make an imprint which is both legible and reproducible; in other
words, capable of being copied. There is no ink color requirement, but to ensure that the
stamp is reproducible, black and other dark colors are recommended. Also, according to
Oregon Administrative Rule 160-100-0110(3)
, “A notary public shall not place an imprint
of the notary public’s official stamp over any signature in a record to be notarized or in a
notarial certificate, or over any writing in a notarial certificate.” If your stamp is smudged
so that it is illegible or is obscured by lines or other graphics on the page, initial the first
attempt and re-stamp as close as possible to the certificate.
To be recordable, the notary stamp, certificate, and the notary’s signature should be close
enough to be contained on one microfilm image. That is one reason the certificate cannot
be on the front side of the signature page and the stamp on the back. Many times,
however, the stamp cannot be placed adjacent to the certificate and signature, but it will
fit in the margin. Indicate the stamp’s position in the space provided for the stamp (e.g.,
“See notary stamp in left margin”).
If there is no space on the signature page, line out the certificate and attach a loose
certificate. Some agencies may have trouble with an attached certificate. When in doubt,
always check with the receiving agency.
Attaching a Notarial Certificate
Ideally, a notarial certificate is either provided in the document or, after the signer has
identified the act to be notarized, the notary writes the certificate language on the
signature page. When that is not possible, the notary will attach the appropriate certificate
to the signature page.
An attached or “loose” certificate is filled out like any other notarial certificate, with a few
additional details. Because a loose certificate is not an integral part of a document, it is
very important to guard against its fraudulent use. The object is to make sure that the
certificate may be used with one, and only one, particular document.
Any notarial wording on the document itself that the certificate is replacing should be
crossed out and the words “SEE ATTACHED NOTARIAL CERTIFICATE” should be typed or
written on the page.
44 2024 Notary Public Guide
• Staple the full-page certificate after the signature page, so that a recorder can
easily film the certificate in sequence with the signature that goes with it.
• On the certificate itself, the document’s date, type, and the number of pages should
be noted at the bottom of the certificate, e.g., “Attached to declaration, signed by
John Hancock on July 4, 1776, two pages.”
• Write in the notarial journal, “used loose certificate” or “attached certificate.”
• You can use the notary stamping device to guard against fraudulent certificate use.
Affix the impression so that it rests partly on the certificate and partly on the
signer’s page, but make sure that the stamp does not obscure any writing or
signatures on either paper. Make sure a whole impression is also on the certificate,
so that an auditor can compare the divided impression to the whole.
Attach the certificate yourself; don’t allow someone else to do it. Sometimes a client will
call later and ask for a “corrected certificate.” If there is a mistake, the document and the
signer will have to reappear before you. An unattached certificate is like a blank check;
you could be liable for its misuse.
Making Corrections
Mistakes do happen. A California certificate may be presented for use in an Oregon
notarization. The notary may have accidentally put yesterday’s date on the certificate. The
signer’s name may be misspelled on the certificate. All of these things can be corrected.
Any corrections should be noted in your journal.
Correcting During the Notarization
• Don’t use white-out.
• Line through incorrect information in ink, print the correct information immediately
above and initial and date nearby.
• Reapply the stamp, if it has been smeared.
• Record any changes in the journal.
Correcting After the Notarization
• Never allow anyone else to change your certificate. It is your responsibility to
correct errors and omissions on the certificates you complete.
• Never send a completed certificate for someone else to attach. The document
should be returned, and you must attach the corrected certificate.
• Make corrections on the certificate by either filling in missing information (such as a
stamp) or draw a line through incorrect information in ink. Print the correct
information immediately above and initial and date nearby.
Don’t make a correction unless you can confirm it from a journal entry, or the
signer can verify the information.
• Record any changes in the journal.
Secretary of State - Corporation Division
45
Chapter 8 - Oregon Notarial Acts
Below are descriptions of the acts allowed in Oregon. Chapter 9 provides, in-depth
explanations of their purpose and sample certificates for each.
Acknowledgment in an Individual Capacity is a declaration by an
individual before a notary that the individual has signed a record for the purpose stated in
the record. [ORS 194.215(1)
] The signer must personally appear, acknowledge that they
willingly and knowingly signed the document, and the notary must identify the person as
the one who did indeed sign. The signature may be made before, but not after, the
notarization.
Example on page 43.
Acknowledgment in a Representative Capacity is similar to the
individual acknowledgment, but “…the individual signed the record with proper authority
and signed it as the act of the person identified in the record.” [ORS 194.215(1)
] There
are many types of representatives, including: officers or agents signing on behalf of a
corporation or other business entity; partners or trustees; guardians or personal
representatives; and attorneys-in-fact. It is best practice to see some confirmation of the
person’s representative capacity, such as the power of attorney, company annual report
(stating officers), official minutes, partnership agreement, etc. “Known to me to be” or
“proven to me to be” is typical language in this case.
Example on page 46.
Verification upon Oath or Affirmation is a written declaration made by an
individual on oath or affirmation that a statement in a record is true. This is also known
as a jurat, and may be part of an affidavit. The notary must require that the signer
personally appear, verbally swear to the oath or affirm to the truth, and sign before the
notary. An oath is a solemn pledge of truthfulness to a Supreme Being; an affirmation is a
solemn personal pledge of honor that something is true. Both carry the penalty of perjury
if forsworn. Example on page 49.
Witnessing or Attesting a Signature is when the document is signed in the
presence of the notary. The notary determines that the individual appearing before the
notary, and signing the document has the identity claimed. (Note that this certificate
differs from an acknowledgment in that the signature must be signed in the presence of
the notary, whereas an acknowledgment does not have to be.) Example on page 51.
Certifying to a Copy of a Document is where the notary determines that the
copy is “a full, true and accurate transcription or reproduction of the record or item.” [
ORS
194.230(4)] It is important to note that the notary is responsible for the faithful
reproduction of the original. Therefore, the notary is the one that should make the copy,
usually a photocopy. Notaries should not copy public records; certified copies are available
from the agencies in charge of those records. It is illegal, for example, to certify to copies
of Oregon birth or death certificates.
Example on page 54.
46 2024 Notary Public Guide
Chapter 9. Oregon Notarial Certificates
Every properly completed notarization must have a certificate, either on the document
itself or as a separate but attached sheet (often called a “loose certificate”). On pages
73
through 77 are sample certificates for each of the notarial acts allowed in Oregon, for your
use. You may copy them and use them as “loose” certificates, if necessary. However,
you should be aware that these are not the only or even the ideal certificates for a given
notarial act. These are the minimum certificates sufficient to fulfill notary law
requirements as outlined in
ORS 194.285.
Below are descriptions of each notarial act allowed in Oregon, and a sample journal entry
and certificate for each act.
Acknowledgment in an Individual Capacity
Acknowledgments allow the signer of a document to verify that the signature on a
document is the signature of the individual. An acknowledgment declares that the signer
personally appeared before the notary, was properly identified by the notary, and freely
declares the signature on the document to be their own signature.
There are many forms of acknowledgments, but they all say basically the same thing, “I
did, of my own free will, sign this document.” By witnessing to that statement, the notary
shows that the signer:
• Personally appeared before the notary.
• Was positively identified by the notary.
• Freely and willingly acknowledged his or her signature.
An acknowledgment does not have to be signed in the notary’s presence unless the
language on the certificate requires that (“subscribed/signed before me”). If the certificate
indicates the notary witnesses the signing, then the document must be re-signed before
the notary, even if it had been previously signed. It is permissible to notarize a document
that was signed several years ago, as long as the document has an original signature. It is
not permissible for the document to be signed after the notarization.
There are two primary types of acknowledgment—Acknowledgment in an Individual
Capacity and Acknowledgment in a Representative Capacity.
An Acknowledgment in an Individual Capacity is a statement by a person that the
individual has signed a record for the purpose stated in the record. [ORS 194.215(1)
] The
signer must personally appear, acknowledge that they willingly and knowingly signed the
document, and the notary must identify the person as the one who did indeed sign. The
signature may be made before or during, but not after, the notarization.
Secretary of State - Corporation Division
47
SAMPLE CERTIFICATE
Acknowledgment in an Individual Capacity
State of OREGON
County of _________________
This record was acknowledged before me on ____________________,
20______
by __________________________________.
_______________________________________
Notary Public — State of Oregon
EXAMPLE
Acknowledgment in an Individual Capacity
Case
Jesse M. Cota came into the Multnomah County Branch of Oregon Bank on May
23, 2019 at 1:00 p.m., to have his signature notarized on a power-of-attorney
dated March 12, 2019. This power of attorney will allow his brother, Chase Cota,
to sell some jointly held property in Arizona. The document is dated March 12,
2019, and has Jesse’s signature at the bottom and a blank signature line with the
name Chase Cota typed underneath. How should the notary proceed?
Notary Journal Entry
Write in the journal that there was a blank where another signature was to be
filled in at a later date.
Date/Tim
e
of Act
Type
of
Act
Doc.
Date
Doc.
Type
Printed
Name
Contact
Address
Signature ID
Additiona
l
Info.
Fee
5/23/19
1:00 p.m.
Ack.
3/12/1
9
POA
Jesse M.
Cota
Jesse’s
address
Jesse M.
Cota
ODL
Exp.
1/3/2
5
Blank
signature
to be filled
in later
$10
48 2024 Notary Public Guide
Certificate
State of OREGON
County of Multnomah
This record was acknowledged before me on May 23, 2019, by Jesse M. Cota.
Jane Doe
Notary Public — State of Oregon
Acknowledgment in a Representative Capacity
Acknowledgment in a Representative Capacity is similar to the individual
acknowledgment, but “…the person signed the record with proper authority and signed it
as the act of the person identified in the record.” [ORS 194.215(1)
] Often, this means
signing on behalf of a business.
Corporations and other business entities are viewed as legal or corporate persons with the
same rights as “natural” individuals, but they cannot sign on their own; they need a
representative: such as an officer, director, or partner. A notary may not notarize a
document for a company in which they are a shareholder, director, officer, employee,
member or partner if they are a party to the instrument, either individually or as a
representative of the company. [ORS 194.385
] Similarly, an acknowledgment by an
attorney-in-fact is done by someone who has the Power of Attorney for the party named
in the document.
Oregon law provides a short-form Acknowledgment in a Representative Capacity
certificate. [ORS 194.215(1
]. Note that a notary cannot witness a verification of oath by a
representative, since a representative can’t swear for someone else.
Verification of Capacity. It is not always necessary for the notary to verify that the
signer has the authority to represent the party in the document. The notary must have
proof if the certificate requires it through wording like “known to me to be” or “proven to
me to be”. Below are some best practice methods of verification:
• Personal knowledge. If the notary has a long-time acquaintance with the
individual and would be willing to swear in court that the person has that capacity
(for example, is an officer of the company, then he or she can rely on that
knowledge for the notarization.
• Documentary evidence such as a partnership agreement, corporate annual
report, trust agreement, company minutes, or verification from the Corporation
Division, may be used as proof of representative capacity. Business cards and
stationery are not sufficient evidence and should not be relied upon. For an
attorney-in-fact acknowledgement, you would see the signed Power of Attorney.
• Oath of a third party, personally known to the notary and impartial to the
transaction, can sometimes be used as proof. It should be a last resort, because
OFFICIAL STAMP
JANE DOE
NOTARY PUBLIC – OREGON
COMMISSION NO. 000000
MY COMMISSION EXPIRES APRIL 02, 2024
Secretary of State - Corporation Division
49
the opportunity for fraud is much greater when relying on someone else’s veracity
and knowledge.
Combination certificates may be required where corporate entities are representatives for
other entities. For example, a combination certificate might state a person is representing
a corporation and is signing the document on its behalf, where the corporation is signing
on behalf of a limited partnership in which it is a partner. Combination certificates can be
very confusing and should be drafted by an attorney. If you don’t understand what
the certificate wants you to do, don’t notarize. You can always call the office that
produced the certificate, or talk to other experienced notaries, if you are unsure what is
required of you.
Make sure that you note in the journal the evidence you used, any complexities in the
notarization, and how the certificate was explained, if necessary.
SAMPLE CERTIFICATE
Acknowledgment in a Representative Capacity
State of OREGON
County of _________________
This record was acknowledged before me on ____________________, 20______
by
_______________________________ as ____________________ of
_________________________.
_______________________________________
Notary Public — State of Oregon
50 2024 Notary Public Guide
EXAMPLE
Acknowledgment in a Representative Capacity
Case
Oregon Outfitter’s Corporation in Baker City, Oregon, has a contract with Outdoor Gear
Corporation of Anchorage, Alaska. This document needs to be signed by Nichole M. Smith,
President and General Manager of Oregon Outfitter’s Corporation and notarized. The
contract does not have a date on it; however, next to the signature line is a space that
states “date” underneath. The document states that the contract takes effect at midnight
on September 30, 2019. On July 12, 2019, at 3:00 p.m., Ms. Smith goes to ABC
Insurance Agency next door to her office in the hope that Jane Doe, the insurance agent
and notary public can help her. How should the notary proceed?
Notary Journal Entry
Jane asked to see documentation that Nichole is in fact President of Oregon Outfitter’s
Corporation and indicated it in the journal. One option to confirm appointment, if there is
no documentation, is to call the Corporation Division, Business Registry Section at (503)
986-2200 or use the Business Name Search
page. Please note that the Corporation
Division only records president, secretary and registered agent information. The date the
contract takes effect is noted as the document date in the journal. The date by the
signature indicates the date signed (7/12/19).
Date/
Time
of Act
Type
of
Act
Doc.
Date
Doc.
Type
Printed
Name
Contact
Address
Signature ID
Additional
Info.
Fee
7/12/19
3:00
p.m.
Rep.
Ack.
9/30/1
9
Contract
Nichole
M. Smith
Oregon
Outfitter’
s address
Nichole M.
Smith
ODL
Exp.
1/2/
25
Proof of
position,
annual
report
$10
Certificate
State of OREGON
County of Jackson
This record was acknowledged before me on July 12, 2019 by Nicole M. Smith, proven to
me to be the President of Oregon Outfitter’s Corporation.
Jane Doe
Notary Public — State of Oregon
OFFICIAL STAMP
JANE DOE
NOTARY PUBLIC – OREGON
COMMISSION NO. 000000
MY COMMISSION EXPIRES APRIL 02, 2024
Secretary of State - Corporation Division
51
Verification upon Oath or Affirmation
The purpose of this type of notarization, sometimes known as a jurat, is to compel
truthfulness in the signer. A jurat is a declaration made by an individual on oath or
affirmation that a statement on a record is true. The notary must require that the signer
personally appear, verbally swear the oath or affirm to the truth, and sign before the
notary. An oath is a solemn pledge of truthfulness to a Supreme Being; an affirmation is a
solemn personal pledge of honor that something is true. Both carry the penalty of perjury
if forsworn.
By notarizing this type of certificate, the notary shows that the signer:
• Personally appeared before the notary.
• Was positively identified by the notary.
• Took an oath/affirmation before the notary.
• Freely and willingly signed before the notary.
A verbal oath/affirmation can be a notarial act in its own right, as when a public official is
sworn into office. [ORS 194.215(11)
] A verification of oath/affirmation is a written notarial
act in which a notary public certifies that a person made a vow in the presence of the
notary public on penalty of perjury. [
ORS 194.215(19)]
An oath cannot be done on behalf of someone else, including a corporation.
Oaths cannot be given over the telephone. The oath-taker must be in the physical
presence of the notary.
A person who objects to taking an oath may instead make an affirmation, the legal
equivalent that does not refer to a Supreme Being. By taking an oath or affirmation in an
official proceeding, a person may be subject to criminal penalties for perjury, should they
fail to be truthful.
Sample Oath/Affirmation
Unless otherwise indicated, an Oregon notary public may use the following or similar
words in administering an oath:
“Do you solemnly swear (or affirm) that the statements in this document are true (so
help you God?)”
“Do you solemnly swear (or affirm) that the information you are about to give (or
have given) is the truth, the whole truth, and nothing but the truth (so help you
God?)”
The oath-taker shows compliance with the oath either by repeating the words of the oath,
using “I” instead of “you,” or by verbal assent, saying, “I do,” or, “I will.” There should be
a ceremony when administering an oath or affirmation. Both the notary and the signer
should raise their right hand. The object is to ensure the signer understands that they are
compelled to tell the truth.
52 2024 Notary Public Guide
SAMPLE CERTIFICATE
Verification upon Oath or Affirmation
State of OREGON
County of ________________
Signed and sworn to (or affirmed) before me on _______________________,
20_____
by _____________________________________________.
____________________________________
Notary Public — State of Oregon
EXAMPLE
Verification Upon Oath Or Affirmation
Case
On January 29, 2019, Ronda L. Wilson’s house caught on fire when her fireplace screen
was left open. Among the items destroyed were Ronda’s stock certificates from General
Investments Incorporated. The company requires an affidavit to be filled out concerning
the loss of the certificates. The affidavit must be notarized. On February 18, 2019, at
10:00 a.m., after signing the document (provided by General Investments), Ronda went
to the Marion County Clerk’s office to have the document notarized. Jane Doe, the staff
notary, was on duty that morning. How should the notary proceed?
Secretary of State - Corporation Division
53
Notary Journal Entry
Ronda will have to re-sign the document in front of Jane Doe and Jane should note this in
her journal. Affidavits must be signed in front of the notary and the notary must have the
individual make an oath or affirmation; Ronda chose an oath. A journal entry is not
required by statute but is strongly advised.
Date/
Time
of Act
Type
of
Act
Doc.
Date
Doc.
Type
Printed
Name
Contact
Address
Signature ID
Additional
Info.
Fee
2/18/19
10:00
a.m.
Jurat 2/18/19 Affidavit
Ronda L.
Wilson
Ronda’s
address
Ronda L.
Wilson
ODL
exp.
1/5/25
Re-signed
before me
$10.00
Certificate
State of OREGON
County of Marion
Signed and sworn to (or affirmed) before me Feb. 18, 2019 by Ronda L. Wilson.
Jane Doe
Notary Public — State of Oregon
OFFICIAL STAMP
JANE DOE
NOTARY PUBLIC – OREGON
COMMISSION NO. 000000
MY COMMISSION EXPIRES APRIL 02, 2024
54 2024 Notary Public Guide
Witnessing or Attesting a Signature
Witnessing or attesting a signature is like an acknowledgment, except that the signer
must sign before the notary. The signer must re-sign the document in the notary public’s
presence if the document has already been signed. A notation in the notarial journal
should be made indicating that the signer re-signed the document in front of the notary.
By notarizing this type of certificate, the notary shows that the signer:
• Personally appeared before the notary.
• Was positively identified by the notary.
• Freely and willingly signed before the notary.
Typically, the certificate says, “signed or attested”, or “subscribed before me.”
There are documents that may require more than one signature to be notarized. If all the
signers are present at the time of the notarization, one certificate listing all the signers
may be used. If the signers are appearing before the notary public at different times, a
separate certificate is required for each notarial act. [ORS 194.280(a)(d)
]
SAMPLE CERTIFICATE
Witnessing or Attesting a Signature
State of OREGON
County of ________________
Signed (or attested) before me on _____________, 20____ by
___________________________.
____________________________________
Notary Public — State of Oregon
Secretary of State - Corporation Division
55
EXAMPLE
Witnessing or Attesting A Signature
Case
Jesse Cota has family members in Barcelona, Spain. He wants to invite his cousin David
Sherman to come to the United States for a visit. The form he received from the Spanish
Consulate requires that his signature be notarized. On Aug. 17, 2019, at 9:00 a.m., Jesse
takes the form with him to work where a co-worker, Jane Doe (a notary public), agrees to
do the notarization. How should the notary proceed?
Notary Journal Entry
Jane has Jesse sign the consulate form in front of her and records in her journal that she
witnessed his signature.
Date/
Time
of Act
Type
of
Act
Doc.
Date
Doc.
Type
Printed
Name
Contact
Address
Signature ID
Additiona
l Info.
Fee
8/17/19
9:00
a.m.
Wit.
Sig.
8/17/1
9
Consulat
e form
Jesse Cota
Jesse’s
address
Jesse
Cota
ODL
exp.
9/17/2
5
$10
Certificate
State of OREGON
County of Umatilla
Signed (or attested) before me on August 17, 2019 by Jesse Cota.
Jane Doe
Notary Public — State of Oregon
OFFICIAL STAMP
JANE DOE
NOTARY PUBLIC – OREGON
COMMISSION NO. 000000
MY COMMISSION EXPIRES APRIL 02, 2024
56 2024 Notary Public Guide
Copy Certification
A notary public may also certify or attest to a copy of a document. For this type of
notarization, the notary officer must determine that the copy being certified is “a full,
true, and accurate transcription or reproduction of the record or item.” [ORS 194.230(4)
]
In this case, the signer is not stating anything about the document, the notary is. It is
vital that the notary make the copy or carefully oversee its making. In addition, the
transcription or reproduction must be a full (including the margins!), true, and accurate
copy. For this reason, it is best to photocopy the document. A certified copy does not have
to be made from an original if the certificate does not specify “original document.” It may
be a copy of a copy. If a notary knowingly makes a copy of a photocopy, the certificate
wording “a copy of a photocopy” may be used. Personal appearance is required by the
person requesting the certified copy.
Notaries should not copy public records that are certified by a custodian of records,
such as a county clerk. Certified copies are available from the agencies in charge of those
records. If an individual wishes you to certify a copy of their articles of incorporation, for
example, refer them to the Corporation Division, which has the articles of incorporation on
record. It is illegal to make copies, or to certify to copies of Oregon birth or death
certificates and marriage or divorce decrees, according to
Oregon Revised Statutes
Chapter 432.380 (15) and Oregon Administrative Rule 333-011-0335(7). To obtain
certified copies of records from the Oregon Center for Health Statistics (vital records) call
(971) 673-1190.
However, some records may be copied, such as the Oregon Driver’s License, U.S.
Passports, most professional licenses, diplomas, certificates, letters, etc., because copies
of these documents cannot be obtained otherwise. Check to see if the document has a
“Do Not Copy” warning on it or call the agency in question.
A photograph cannot be notarized
. No photograph is a full, true, and accurate
reproduction, and it does not have the elements of a document: a personal statement by
the constituent and the constituent’s signature. The notary public may notarize a
statement about the photograph. After the notarial certificate is completed, one may use
the official notary stamp a second time so that it overlaps the photograph and the paper it
is attached to (be careful not to cover the face on the photo). This is a protection device
that allows the receiving agency to know that the photograph is the one attached to the
document at the time of notarization.
Secretary of State - Corporation Division
57
SAMPLE CERTIFICATE
Certifying to a Copy of a Document
State of OREGON
County of ________________
I certify that this is a true and correct copy of a record in the possession of
_________________________________.
Dated: _______________, 20____
____________________________________
Notary Public — State of Oregon
EXAMPLE
Certifying To a Copy of a Document
Case
Jule Houston, an autograph collector, has an original handwritten song, dated January 24,
1965, and signed by the artist, that he wants to sell. Rather than sending the original, the
Verification Unit at Music U.S.A. has asked him to send a certified copy for them to
examine. On December 2, 2019, at 8:30 a.m., Jule takes the song into the Salem branch
of his Credit Union, where he has an account, and asks for a notary. Customer Service
Representative Jane Doe comes to help. How should the notary proceed?
Notary Journal Entry
Jane takes a photocopy of the handwritten song. A journal entry is not required by statute
but is strongly advised.
Date/
Time
of Act
Type
of
Act
Document
Date
Document
Type
Printed
Name
Contact
Address
Signature
ID Additional
Info.
Fee
12/2/19
8:30
a.m.
Copy
Cert.
1/24/1965
Handwritten
Song
Jule
Houston
Contact
Address
Jule
Houston
ODL
exp.
2/4/25
$10.00
58 2024 Notary Public Guide
Certificate
State of OREGON
County of Marion
I certify that this is a true and correct copy of a record in the possession of Jule
Houston.
Dated: December 2, 2019
Jane Doe
Notary Public — State of Oregon
OFFICIAL STAMP
JANE DOE
NOTARY PUBLIC – OREGON
COMMISSION NO. 000000
MY COMMISSION EXPIRES APRIL 02, 2024
Secretary of State - Corporation Division
59
Signature by Third Party
There may be a circumstance when a person is physically unable to sign their name and
needs a notarization. Whether it’s a permanent condition or merely a temporary disability,
Oregon has a law that can help. If an individual is physically unable to sign a record, the
individual may direct another person, other than the notary, to sign their name for them.
[ORS 194.250] Both the signer and the person who is directed to sign their name must
be present during the notarization.
When performing any notarial act involving a “signature by third party,” the notary public
shall witness the signing of the document. Instead of the signer signing their name, the
third party would sign the name of the person who is unable to sign.
The notarial certificate shall contain the phrase “Signature affixed by (name of other
individual) at the direction of (name of individual)” or words to that effect.
Make sure you note in the journal indicating the signer signed on behalf of the person who
is unable to sign. Instead of the signer signing their name, the third party would sign as
they did in the document. As with a credible witness, it is prudent to get the third party
signer’s information and signature in your journal too.
By witnessing this act, the notary shows that the signers:
• Personally appeared before the notary.
• Was positively identified by the notary.
• Freely and willingly signed by third party before the notary.
SAMPLE CERTIFICATE
Signature by Third Party
State of OREGON
County of _______________________
Signed and acknowledged before me on ____________, 20_____ by
___________________.
Signature affixed by (name of other individual) at the direction of (name of
individual).
______________________________
Notary Public – State of Oregon
60 2024 Notary Public Guide
EXAMPLE
Signature by Third Party
Case
Debra O’Malley, incapacitated with a broken hand, decided to sell her vintage travel
trailer. On July 8, 2019, Debra asks her friend, Bev Carpenter, to accompany her to the
bank where she needs to have her signature notarized on the Bill of Sale. At 2:30 p.m.
Debra and Bev walk into the Bank of Ocean Shores in Tillamook, Oregon and ask to see
the notary, Jane Doe. How should the notary proceed?
Notary Journal Entry
Jane watches while Bev signs Debra O’Malley’s name on the Bill of Sale. Jane then adds
language to the acknowledgment certificate “Signature affixed by Bev Carpenter at the
direction of Debra O’Malley”. Jane also makes an additional journal entry for Bev
Carpenter’s information.
Date/
Time
of Act
Type
of Act
Doc.
Date
Doc.
Type
Printed
Name
Contact
Address
Signature ID Additional
Info.
Fee
7/08/19
2:30 p.m.
N/A N/A N/A
Bev
Carpenter
Bev’s
address
Bev
Carpenter
ODL
exp.
6/9/2
5
Signer for
Debra
O’Malley
N/C
7/08/19
2:30 p.m.
Ack.
7/8/1
7
Bill of
Sale
Debra
O’Malley
Debra’s
address
Debra
O’Malley
by Bev
Carpenter
ODL
exp.
3/7/2
5
N/A
$10
Secretary of State - Corporation Division
61
Certificate
State of OREGON
County of Tillamook
Signed and acknowledged before me on July 8, 2019, by Debra O’Malley.
Signature affixed by Bev Carpenter at the direction of Debra O’Malley.
Jane Doe___
Notary Public – State of Oregon
Certificate for Special Circumstances
You may encounter a situation in which you are asked to notarize a document that is a
printout of an electronic record. For example, a customer may need to have an apostille
attached to a document that was notarized using RON. In Oregon, an apostille cannot be
attached to an electronic document. The notary should first certify a copy of the document
(a printout). In addition to the certificate for certifying a copy, the notary should also
complete and attach the certificate below, to acknowledge that the original document was
an electronic record.
State of ___________________
County of _________________
This record was acknowledged before me by means of communication technology on
_____________________ by _____________________________.
_________________________________
Notary Public
My commission expires ____________________________.
OFFICIAL STAMP
JANE DOE
NOTARY PUBLIC – OREGON
COMMISSION NO. 000000
MY COMMISSION EXPIRES APRIL 02, 2024
62 2024 Notary Public Guide
Chapter 10 - Secretary of State Certificates
Foreign jurisdictions often require an authentication of a public official or notary public’s
status before they will accept the notarized or official public document. It is the Secretary
of State’s task to certify that status because we hold the notary records or have the
authority by treaty or law.
Apostilles and Authentication Certificates
An apostille or an authentication certifies the authenticity of the signature, stamp and
status of the official who has executed a public document and is specially attached to the
document. An apostille or an authentication enables a public document issued in one
country to be recognized as valid in another country. Countries that are party to the
Hague Convention on Legalization of Foreign Documents require an “apostille;” non-Hague
Convention countries get an authentication certificate that is usually sent to the U.S.
Department of State for further authentication. An apostille or authentication must not be
detached from its document, or it may be considered invalid.
Oregon has pioneered in the United States the use of a single certificate for both apostilles
and authentications.
Signatures that can be authenticated include:
• Notaries Public
• State Registrar of Health Statistics, such as birth, death, marriage and divorce
certificates
• Corporation Division signers
• County recorders
• County clerks
• Judges
• Court clerks
The Secretary of State can only certify certain types of documents. These include:
Documents for business or corporate use:
• Certified copies of business organization documents on file with the Secretary of
State
• Articles of incorporation or organization
• Assumed name certificates
• Certificates of limited partnership
• Certificates of merger
• Registration of trademarks
• Certificates of existence or fact issued by the Corporation Division
Other types of documents:
• Adoption papers.
• School records - school transcripts, report cards or diplomas must be signed by a
school official, and the official's signature must be notarized.
• Power of attorney.
• Deed of assignment.
• Distributorship agreement.
Secretary of State - Corporation Division
63
• References and job certification.
• Vehicle title.
Types of documents that the Secretary of State may NOT certify include:
• Photocopies of public documents (must be originals or certified copies)
• Documents that:
o Contain statements regarding allegiance to a government or jurisdiction;
o Relate to the relinquishment or renunciation of citizenship, sovereignty, in
itinere status or world service authority; or
o Make a claim of immunity for the signer from the law of this state or from
federal law
Authentication certificates are prepared at the Secretary of State, Corporation Division,
Public Service Building, 255 Capitol St. NE, Ste. 151, Salem, OR, 97310-1327, (503) 986-
2200. Documents may be submitted for certification by mail or by bringing the notarized
documents to the Secretary of State’s office in the Public Services Building. At this time,
the Secretary of State cannot attach electronic apostilles or authentications.
For additional information on apostilles and authentication certificates
, please visit our
website. We also offer webinars on apostilles and authentications and a training video on
our Youtube channel.
Certificate of Good Standing
A Certificate of Good Standing is issued when a document needs to be authenticated for a
submission to a U.S. territory. The Certificate of Good Standing attests to the status of a
notary public commission on the records of the Secretary of State. This certificate may not
be attached to a document.
Notary Public Notarial Commission Certificate
This certificate is issued to a notary public to show the term of appointment and the name
for which the notarial commission was issued. [OAR 160-100-0125
] It is for the notary
public’s record.
Certificate of Authorization
This certificate provides the specifications for making the official notary stamp.
Information includes the commission name, notarial commission number and expiration
date of the notary public’s commission. [OAR 160-100-0125
] The vendor (maker) of the
stamp may return this form to you. If the vendor (maker) does not require this certificate
in order to have your stamp made, the stamp may be deemed invalid and in turn
notarizations may be deemed invalid. Please DO NOT return this form to the Corporation
Division. This form is for your records should you need to have another stamp made.
64 2024 Notary Public Guide
Chapter 11 - Non-English Language Documents
An increase in international commerce has made non-English language document
notarizations more common. A notary public who fluently reads and writes a foreign
language may notarize the signature on a document written in that language. The
notarization takes place in the same way as any other, but the notary should note the
foreign language factor in the notarial journal.
Although there is no law that prohibits notarizing foreign language documents, the legal
standard of “Reasonable Care”, that notaries must follow, rules out this practice. A
document written in a language the notary cannot read can cause the following problems:
• The notary may be unable to get accurate data for the journal.
• The notary may be unable to complete the notarial certificate correctly because
they can’t follow the document’s instructions, or do not recognize inappropriate
wording.
• The notary may be unable to detect blatant fraud.
• If the document is written in a non-Roman alphabet, such as Arabic, Chinese, or
Japanese, the notary may be unable to determine that the signer is signing the
same name as the party named in the document, or if the notary is named in the
document.
For these reasons, a notary public should not notarize a document written in a language
they cannot read nor use a notarial certificate written in a language that they cannot read.
When in doubt, a notary can refuse to notarize and suggest the customer locate a
bilingual notary. Bilingual notaries can be found at consulates and embassies, in ethnic
communities, at universities and community colleges, and sometimes by internet search.
Translators are often notaries. A simple internet search will usually reveal notaries who
are in your area that are eager to notarize in other languages. The National Notary
Association maintains a directory of notaries at FindANotary.com
that may also be helpful.
A notary can notarize signed English translations, but these may not be acceptable to the
receiving agency. It is best for the signer to confirm first that a notarized translation will
be acceptable. If a non-Roman alphabet is used, some recorders require translation.
The usual procedure in this situation is to notarize the oath of the translator of the
document to the accuracy and completeness of the translation. The translation is attached
to the original, together with the translator’s oath, and the notary notarizes both the
translated document signed by the signer and the signed original document itself.
Although the notary may offer this option, he or she should not direct the signer to follow
it, since that may be unauthorized practice of law. The Secretary of State will not certify a
document that office counter staff cannot read unless it is accompanied by a translation as
described above.
Non-English Language Notarial Certificates
A notary public may use a certificate written in a non-English language if he or she can
read and write the language on the certificate (keeping in mind that the words Notary
Public must be in English), and the certificate meets the minimum requirements of Oregon
statute. [ORS 194.280 and ORS 194.285
] Otherwise, the notary could offer to type or
attach an English language certificate chosen by the customer. Some countries may object
to an attached English certificate on a foreign language document, and refuse to accept
the document because of it, so it is always best for the customer to check first.
Secretary of State - Corporation Division
65
For more information on notarizing non-English documents and a sample translator’s oath,
visit the Resources and Aids to Notarizations
page on our website.
Chapter 12 – Methods of Electronic or Remote
Notarization
In Person Electronic Notarization (IPEN)
Oregon notaries public may notarize electronically. That is, the notary’s signature, stamp
image and certificate they use may be electronically affixed to a document that is in
electronic form. IPEN notarizations are performed in person;the signer is in the notary’s
physical presence. The document is in electronic format. Sometimes documents are
created electronically and notarized electronically, and then printed out for recording or
other storage. Whether in electronic or printed form, electronically notarized documents
are permissible by law. The IPEN process is tied to the notarial commission number. When
a notarial commission expires, the ability to notarize electronically expires along with the
commission and must be reapplied for, just as the notarial commission is rapplied for.
An Oregon notary is not required to use a particular technology when notarizing
electronically, but before they begin, they must first notify the Secretary of State that
they intend to start notarizing electronically. Use the Electronic Notarization Notice
form
available online.. OAR 160-100-0140 spells out the requirements for the notarization
technology. In general, the notary is directed to use a kind of electronic notarization that
conforms to the
National Electronic Notarization Standards (NENS). The notarized
document must be capable of being submitted to the Secretary of State in PDF format. An
electronic notarization will still consist of an official stamp, a complete notarial certificate
and the official electronic notarial signature.
For more information, please see the Corporation Division website on Electronic
Notarization. Consult with the vendor about requirements before making any purchase of
electronic notarial software, including electronic signature. Make sure the vendor meets
NENS requirements and does not just refer to E-SIGN and UETA.
Remote Online Notarization (RON)
Remote Online Notarization is the process by which documents are notarized in a digital
format. It is legal to perform RON in Oregon. The Oregon Legislature passed
Senate Bill
765 which allows for permanent legislation of remote online notarization (RON).
Regulations for technology required for RON platforms can be found in OAR, Chapter 160.
For RON notarizations the signer and notary public are not physically in each other’s
presence but can communicate simultaneously using secure audio-video technology from
a RON platform vendor. In other words, the signer will appear before a notary over the
web instead of the traditional way, physically in the presence of a notary. The platform
includes additional safeguards for ensuring that the identity of the signer is properly
verified; NEVER assist a signer who cannot meet these standards in finding an
‘alternate’ way to verify their identity. To perform a RON notarization the notary must
be in Oregon, but the signer may be in a separate location in Oregon, another state, or
located outside the United States.
66 2024 Notary Public Guide
Applications like Zoom, Skype, FaceTime, GoToMeeting, Microsoft Teams, etc. do not
contain the features and security standards to perform RON notarizations. Some platforms
have incorporated these applications into their RON process, but these applications may
not be used on their own for RON.
There are several existing RON platforms. They include, but are not limited to:
• DocVerify
• Notarize
• NotaryCam
• Pavaso
• Safedocs
• SIGNiX
Each platform company may provide training for their respective systems.
Only commissioned notaries may perform RON notarizations. Go through these steps to
be certified to perform RONs:
• Check your commission to ensure that you are active and that it does not expire in
the near future. If your current commission is expiring, you will need to file for
permission to perform RON under your new commission.
• Research RON platforms and decide which one(s) you would like to use. You may
use more than one platform.
• Complete the Remote Online Notarization training. Find more information about it
and register on our training page
.
• Complete and submit the Remote Notarization Notice to program-
• Wait to receive an acknowledgement from the Secretary of State.
Once the notary receives the approval letter they may begin using the RON platform. The
fee a notary may charge for performing a RON is a maximum of $25.00 per notarial act.
Certification to perform RON notarizations is tied to the notary’s commission number.
When a notarial commission expires, the ability to perform a Remote Online Notarization
expires along with the commission. Application for RON must be submitted to Oregon
Secretary of State after confirmation of renewal with the new notary commission.
For more information on the RON process visit this web page:
https://sos.oregon.gov/business/Pages/remote-online-notarization.aspx
Remember: You CANNOT perform remote notarizations until the Remote Notarization
Notice form has been filled out, submitted to the Secretary of State, and you have
received acknowledgement that you are authorized to perform RON.
Secretary of State - Corporation Division
67
Chapter 13 - Financial Exploitation of the Vulnerable
What is It?
“Financial exploitation is the illegal or improper use of another individual’s resources for
personal profit or gain ... Examples include:
• Paid caregivers keeping the change from grocery purchases.
• Using a person’s credit, debit, or ATM cards without permission or knowledge.
• Draining bank accounts without knowledge or informed consent.
• Convincing an older adult to make investments or change their estate plan when
they lack mental capacity.
• Wrongfully taking property such as cars, home, land, or jewelry.
• Stealing medications.”
The Department of Human Services also includes the following in its definition of financial
abuse:
• Alarming an adult by conveying a threat to wrongfully take or appropriate money or
property of the adult if the adult reasonably believes that the threat conveyed may
be carried out
• Misappropriating or misusing any money from any account held jointly by an adult
• Failing to use income or assets on if an elderly person or a person with a disability
effectively for the support and maintenance of the person.
Preventing Elder Financial Exploitation Toolkit, Training Manual
, Oregon Bankers
Association, 2018, p. 10-11.
How Does It Happen?
“An older adult or person with disabilities can be exploited:
• Without his or her consent or knowledge.
• By trickery, intimidation, coercion or exerting undue influence.
• Due to cognitive impairment or confusion so the person cannot give valid consent.”
Preventing Elder Financial Exploitation Toolkit, Training Manual
, Oregon Bankers
Association, 2018, p. 10.
Be On Guard
Because many of the documents used to exploit the elderly and other vulnerable
individuals must be notarized, and because notaries must be satisfied that the signer of a
document is willing and has a capacity to execute the document, it is vital that notaries
are alert to possible financial exploitation of the elderly and other vulnerable persons. Be
especially on guard if you see:
Financial Documents
Powers of Attorney
• General – Grants broad authority over principal’s affairs
68 2024 Notary Public Guide
• Limited – Specifies the actions the agent may take
• Durable – Lasts even if principal is incapacitated
• Medical – Covers only medical care issues
Property Deeds and Titles
• Quit Claim Deed – Transfers ownership without loan
• Deed of Trust – Transfers ownership in concert with a mortgage loan
• Titles - Transfers ownership of personal property
Precarious Situations
• General mental condition of elderly signer – any diagnosis of dementia,
Alzheimer's, or other impairment
• Current medications – including narcotics or opiates
• Pressure – be alert to pressure on the signer due to family, health and other
concerns
Warning Signs
On the part of the signer:
• Lethargy, sleepiness
• Confusion or disorientation
• Lack of enthusiasm
• Lack of interest
• Unwillingness to converse about general subjects
• Verbal cues that signer is uncomfortable
From other parties in the situation:
• Pressure on you and/or the signer:
• Too much enthusiasm
• Emphasis on how important it is to sign now
What Should the Notary Do?
Control the Procedure:
Make general, casual, conversation with the signer:
• Inquire about signer’s general health
• Ask about the weather
• Refer to current events
Make conversation with the signer about the transaction:
• “What are you signing?”
• “What does this document do?”
• “Is this replacing a current document?”
If you are concerned:
• Consider asking others in the room to leave while you prepare to notarize
• Assure signer that they may refuse to sign or may interrupt/stop at any time
• Be prepared to refuse to notarize
Secretary of State - Corporation Division
69
Tips:
• Use open-ended questions
• Give the person plenty of time to visit, answer questions – DO NOT RUSH!
• Allow the conversation to wander
• Be sensitive to privacy concerns
• Be reassuring, if signer is concerned about not doing what someone told him/her to
do
Call it in
If you’re concerned about a potential abuse situation, you may contact the authorities. A
notary public is not a “mandatory reporter,” meaning the law doesn’t require a report,
but in the interests of the potential victim, and as a good citizen, it is your responsibility
to help where you can.
Please note: Your employer’s HR policy may indicate that you are
a mandatory reporter. If this is the case, you are a mandatory reporter when notarizing
at/for work
even though statute does not require it.
Contact the local Adult Abuse Prevention and Investigations (OAAPI)/APD office or local
law enforcement,
or
Call 1-855-503-SAFE (7233) to report abuse.
Other Resources
The Attorney General's office also has a resource page and a consumer hotline for
financial fraud issues.
Go to Oregon Department of Human Services for more information on reporting
abuse.
Preventing Elder Financial Exploitation is a great toolkit created by the Oregon
Department of Human Services and the Oregon Bankers Association.
Special thanks to Notary Administrator Lori Hamm and the Montana Secretary of State for
much of this content.
Chapter 14. Fraud
Notarial fraud is on the rise across the country, and often it occurs around transactions
involving property, particularly real estate. This type of fraud is only successful if one of
these situations is occurring:
• The signer is not actually the person who they are purporting to be;
•
A notary’s credentials have been forged or stolen; or
•
The notary is collaborating with a fraudster.
Situation 1: Fraudulent Signer
One of the notary’s most important responsibilities is to detect and prevent fraud where
possible, so careful identification of the signer is crucial. It’s possible that a fake ID will
70 2024 Notary Public Guide
get past you one day, but if you make a good faith effort to ensure that the IDs you verify
are genuine, it is much less likely that fraud will happen on your watch.
You can increase your chances of avoiding problems with fake IDs by adopting some basic
safety measures:
• Do not allow yourself to be rushed through checking identification
• Never make an exception to the signer appearing before you (if your signer is
signing for someone else, they MUST have a POA to prove their authority to do so)
• Insist that the signer hand you the ID so that you can physically examine it
• Pick a method for checking ID and use it consistently
• If you have concerns:
o ask for a second form of identification
o ask questions: for example, have the signer verify details on the card like
their birthdate, or correct pronunciation of their name
• Never “work around” a failed KBA (Knowledge-Based Authentication) when
performing a Remote Online Notarization (RON)
The most-frequently altered areas of IDs are birth date, expiration date, and the
photograph. When you are checking an ID, look first to make sure that the birth and
expiration dates check out, and the photograph is a reasonable match for the signer in
front of you. Then, look at both sides of the ID for obvious signs of alteration. The most
common are:
• Distorted printing
• Numbers or letters that are out of line (turning the ID sideways makes that easier
to spot)
• Incomplete or peeling lamination
• Raised edges around the photo
State-issued IDs also have special features like holograms or laser-engraved signatures,
which can be difficult for a forger to replicate. Look at both the front and the back to make
sure all necessary elements are there. An Oregon driver’s license currently includes on the
front: small ‘ghost image’ of driver’s photo in bottom right corner, and holograms of the
word ‘Oregon’ (top left), State of Oregon, bird and branch (middle right). For more
information: https://www.oregon.gov/odot/dmv/pages/driverid/samplecards.aspx
For other states: the DMV website usually has a section on characteristic features of
driver’s licenses and ID cards issued by the state. Check the DMV sites for states from
which you regularly see identification documents to get the current information about
special features on their IDs. You may also wish to consult the National Notary
Association’s publication, the I.D. Checking Guide, which includes images and detailed
information about driver’s licenses and ID cards from all 50 states and 175 countries. You
can purchase it from NNA
by visiting their website.
Situation 2: Notary’s Credentials have been Forged or Stolen
The first you might hear of a problem is when we contact you with an investigative letter.
We send an investigation letter to a notary when someone files a complaint. A common
example is when a fraudster has filed a quit claim deed that transfers ownership of a piece
of property without the knowledge of the actual owner. In this situation the signature(s)
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of the rightful owner is forged. The notary might be participating in the fraud, or the
notary’s credentials might have been stolen, but the deed is recorded. The owner is
alerted to the problem with their property, or someone else reports the problem to us (a
county clerk who is suspicious about the notary information, for example).
In a fraud investigation, the Secretary of State cooperates with law enforcement, but our
role is limited to determining whether the notarization was performed correctly, and
whether the notary is at fault for any aspect of the notarization. We send an investigation
letter to the notary to request information about that notarization and a copy of the
notary’s journal record of the transaction, in order to understand whether the document is
correct or whether there is actually a problem. If the notarization seems to have been
done correctly and the notary has not made any mistakes in notarization, the
investigation is concluded. If the notary is at fault, appropriate sanctions are imposed.
If the notarization was conducted with a stolen stamp and forged signature, or with
fraudulently electronically reproduced versions of the notary stamp and signature, this
information is provided to law enforcement. The notary is issued a new commission
number, and no sanctions are imposed.
If you discover that your commission information has been stolen (for example, snipped
from an electronic document and pasted into another one) and is being used fraudulently,
you should report that to the Secretary of State immediately, using
the form for reporting
a lost or stolen stamp and journal.
Situation 3. Notary is Collaborating in Fraud
If you discover that a notary is participating in fraud, you may use the form on the
complaints information page
to file a complaint, and the Secretary of State will evaluate
the situation and open an investigation if it is appropriate to do so.
You Can Help
The landscape for notary practice is constantly changing, and fraud is one of the areas
where change is happening most quickly. We urge you to keep educating yourself by
watching our website for additional trainings and valuable information, and subscribing to
Notary News so that you can stay up to date. Help the notary profession be part of the
nationwide fight against fraud in all its forms.
72 2024 Notary Public Guide
Selected Index
(For terms not listed below, press Ctrl-f and enter the term in the search field.)
Acknowledgment
individual capacity ..................... 45-46
representative capacity ................... 41
Address change ................................ 19
Advertising ....................................... 26
Affidavit ....11, 18, 37, 38, 41, 45, 52, 53,
72, 74
Affirmation 31, 34, 40, 45, 51, 52, 53, 74,
80
Apostille ................... 20,23,61,62,63,74
Application ....................................... 14
first commission ............................. 15
new commission ............................. 18
Attachment certificate ........................ 11
Attesting a signature ......... 45, 54, 55,81
Attorney-in-fact ................................ 48
Authentication .................... 20,62,63,70
Birth certificates ................................ 56
Blank spaces ................................. 9,30
Bonding ........................................... 24
Capacity .................................. 8,14,33
Certificate of authorization ..... 9,16,18,63
Commercial protests .......................... 40
Commission certificate ......... 16,17,41,63
Components of a certificate ................ 40
Copy certification ......................... 45,56
Correction .......................... 11,35,37,44
Credible witness .............. 31,32,59,74,77
Crime ............................. 7,13,14,23,26
Death ............................ 35,36,45,56,62
Disclosure ................................... 35,36
Education ......................................... 15
Electronic journal ......................... 10,35
Electronic notarizations (IPEN) ....... 10,65
Electronic signature ........................... 65
Embosser .................................... 17,74
Exam ............................ 15,16,18,19,22
Felony ............................... 13,14,74,75
Financial exploitation .................... 67,69
Financial interest .......................... 14,31
Foreign language
document ...................................... 64
notarial certificate .......................... 64
Glossary .......................................... 74
I-9 Verification ................................. 27
Identification .................................... 7,
10,11,20,24,31,32,33,37,69,70
Impartial witness ..................... 13,14,72
Insurance ............................ 7,22,23,24
Journal
agreement ............................ 6, 21,35
contents .................................. 10,36
disclosure................................. 35,36
format .......................................... 35
lost .............................................. 18
multiple ..................................... 9,31
shortcuts ................................. 37,77
Jurat ................................. 40,45,51,74
Liability ...................... 7,22,24,26,27,74
Matricula consular ID ......................... 33
Medallion signature guarantee ............ 27
Minor ........................................... 8,33
Misconduct ..... 7,20,21,22,23,24,30,40,75
Mylar .............................................. 41
Name change………………………………………..19
Foreign language
document ...................................... 64
notarial certificate .......................... 64
Notarial certificate
selecting ....................................... 41
Notario publico ........................ 13,25,26
Notarization policies at work ............... 21
Notary fees ............................. 12,28,77
NotaryNews ................................ 19,71
Nursing home .................................... 8
Oath…………………12,16,25,26,31,34,40,42,
45,48,51,52,53,64,64,74,75,77
credible witness sample .................. 31
sample ......................................... 51
Oath of Office .............................. 12,16
Penalties ..................... 9,19,23,26,31,51
Personal knowledge .................. 31,48,77
Plats ............................................... 41
Qualifications ..................... 14,15,19,26
Reapply ...................................... 18,21
Reasonable Care ............ 7,8,23,24,34,64
Relatives ......................................... 14
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Remote Online Notarization (RON) ....... 7,
65,70
Retention .................................... 35,36
Sanctions for notary mistakes and
misconduct……………………………….…………..7,
23,65,70
Signature by third party ................ 59,60
Signature stamp ............................... 11
Spouse ....................................... 14,77
Stamp……………………………………………….…...9
expired ......................................... 18
lost or stolen………………………………………18
Stamp and sign ................................ 43
Subscribing witness ............................ 7
Term of office ................................ 6,74
Translation .................................. 20,64
Travel fees ....................................... 12
Venue ........................... 11,22,40,43,75
Verification upon oath ............... 20,52,64
Vital records ..................................... 56
Waiver of fees .......................... 7, 28,73
Wills .................................. 11,12,26,35
Witness
credible ...................... 31,32,59,74,77
impartial .............................. 13,14,42
Witnessing
signature………… ............ 9,11,12,13,14,
25,26,40,42, 45,46,54,55,59,81
74 2024 Notary Public Guide
Glossary of Notarial Terms
Acknowledge: To admit the existence or truth of a statement and accept responsibility.
Acknowledgment: A formal declaration made to authoritative witness by the person who
executed the document that it was freely executed.
Administer: To give or apply in a formal way.
Affiant: One who makes a swearing statement in an affidavit.
Affidavit: A written declaration made under oath before a notary public or other
authorized officer.
Affirmation: To declare positively or firmly; maintain to be true. An affirmation replaces
“swearing before God.”
Affix: To secure (an object) to another; to attach; add to.
Apostille: Authentication document for Hague Convention members.
Appointment: The act of designating for an office or position.
Attest: To affirm to be correct, true, or genuine; corroborate.
Authenticate: To prove or verify as genuine.
Certificate: 1) A document testifying to a fact, qualification, or promise; or 2) A written
statement legally authenticated.
Civil Action: Not a criminal action. A lawsuit for the purpose of protection of private (not
public) rights and compensation for their violation.
Civil Liability: The responsibility and obligation to make compensation to another person
for damages caused by improper performance of duties and acts.
Commercial Paper: 1) Any of various short-term negotiable papers originating in
business transactions; or 2) A document whose purpose is to transfer money such as a
check, bill of exchange, or draft.
Commission Certificate: A document describing the notary’s appointment and term of
office.
Credible Witness: A believable witness worthy of confidence who personally knows the
signer of a document.
Dispose: In the case of a notary journal, to store in an orderly and secure manner.
Duress: Constraint by threat, coercion.
Embosser: A pliers-like device, that when squeezed together with paper between the
jaws, makes raised areas and indentations on paper, and is sometimes used as a
document protection device. As of 9/1/2013, there is no provision in statute to use one as
part of a notarial act, but there is no prohibition either. OAR 160-100-0130 provides
some basic direction.
Felony: A crime more serious than a misdemeanor and punishable by a more stringent
sentence.
Journal of Notarial Acts: Notarial journal prescribed by law to record notarial acts.
Jurat: A certificate added to an affidavit declaring when, where, and before whom it was
sworn.
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Jurisdiction: The geographical area where a notary may notarize. An Oregon Notary
Public may notarize anywhere in Oregon, but not outside the state.
IPEN: In Person Electronic Notarization is the process by which the notary and signer
meet in person and the document is notarized in electronic format.
L.S.: Indicates where the official notary stamp imprint is to be placed. Latin term Locus
Sigilli means “place of the seal/stamp.”
Misconduct: Behavior not conforming to prevailing standards or laws.
Misdemeanor: An offense of lesser gravity than a felony for which punishment may be a
fine or imprisonment.
Oath: A statement by a person who asserts it to be true, calling upon God/Supreme Being
as witness.
Official Notary Stamp: Rubber stamp that conforms to the Oregon notary public laws
and rules.
Personally Known: Familiarity with an individual resulting from interactions with that
individual over a period of time sufficient to eliminate every reasonable doubt that the
individual has the identity claimed.
Power of Attorney: A legal instrument authorizing one to act as another’s agent or
attorney.
Record: Information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
Resignation: Written statement that one is resigning a position or office.
Revoke: To cancel or rescind.
RON: Remote Online Notarization is the process by which documents are notarized in a
digital format where the signer and notary public are not physically in each other’s
presence but can communicate simultaneously using secure audio-video technology from
a RON platform vendor.
S.S. or SCT: Usually found in the venue portion of the notary certificate. It stands for the
Latin term Scilicet; meaning “in particular” or “namely.” Used to specify the location of the
notarization in very old-fashioned language. Not required for Oregon certificates.
Satisfactory Evidence: Sufficient means of identifying a signer which meets criteria set
forth by law.
Sanctions: The penalty for noncompliance specified in a law or decree.
Subscribe: To sign one’s name in attestation, testimony, or consent.
Suspend: To cause to stop for a period; interrupt.
Swear/Sworn: To make a solemn promise; to vow, usually before God.
Venue: The state and county where a notarization takes place, giving the locality for a
cause of action.
Verification: A confirmation of the truth of a fact.
Waiver of Fees: A statement which waives, or gives up, the right to charge for notarial
services.
Witness: A person who watches an action take place.
76 2024 Notary Public Guide
Oregon Notary Laws & Rules
To view the laws and rules that govern notaries public please use the following links:
Notary Public Laws
Oregon Revised Statutes (ORS) Chapter 194
Notary Public Administrative Rules
Oregon Administrative Rule (OAR) Chapter 160
House Bill 4212 – Oregon Legislative Assembly
RON information – 2020 Special Session
Review of Best Practices
Never notarize your own signature or your spouse’s signature
Avoid notarizing for other family members
Never notarize if you are named in the document or could benefit
from the transaction
Never give legal advice by instructing signers on how to complete
the document or which certificate is needed
Never notarize if the signer or oath-taker does not personally
appear
Never notarize unless you can identify the signer through
personal knowledge, reliable identification, or a credible witness
Never notarize if you doubt someone’s willingness to sign
or ability to understand what is being signed
Never sign and stamp a document without first filling out the
journal and the notarial certificate
Never allow a notarial act to go unnoted in your journal
Never take shortcuts. Keep an accurate and complete record
Never charge higher notary fees than the law allows
Above all, never guess. If you have any questions, contact the
Secretary of State Corporation Division before you finish notarizing.
(503) 986-2200.
SAMPLE NOTARIAL CERTIFICATES
Acknowledgment in an Individual Capacity
State of OREGON
County of ________________
This record was acknowledged before me on (date) _______________, 20______ by
(name(s)) of individual(s) __________________________________________.
________________________________
Notary Public - State of Oregon
Official Stamp
Document Description
This certificate is attached to page ____ of a ________________________ (title or type
of document), dated _____________, 20 ___ , consisting of _______ pages.
Acknowledgment in a Representative Capacity
State of OREGON
County of ________________
This record was acknowledged before me on (date) _______________, 20______
by (name(s) of individual(s)) _____________________________________________ as
(type of authority) ___________________________ of (name of party on whose behalf
record was executed) ________________________________.
________________________________
Notary Public - State of Oregon
Official Stamp
Document Description
This certificate is attached to page ____ of a ________________________ (title or type
of document), dated _____________, 20 ___ , consisting of _______ pages.
Verification on Oath or Affirmation
State of OREGON
County of ________________
Signed and sworn to (or affirmed) before me on (date) _______________, 20______
by (name(s) of individuals making statement) _________________________________.
________________________________
Notary Public - State of Oregon
Official Stamp
Document Description
This certificate is attached to page ____ of a ________________________ (title or type
of document), dated _____________, 20 ___ , consisting of _______ pages.
Witnessing or Attesting a Signature
State of OREGON
County of ________________
Signed (or attested) before me on (date) ___________________, 20______
by (name(s) of individual(s))_______________________________________________.
________________________________
Notary Public - State of Oregon
Official Stamp
Document Description
This certificate is attached to page ____ of a ________________________ (title or type
of document), dated _____________, 20 ___ , consisting of _______ pages.
Certifying to a Copy of a Document
State of OREGON
County of ________________
I certify (or attest) that this is a true and correct copy of a record in the possession
of________________________________.
Dated:________________, 20___.
________________________________
Notary Public - State of Oregon
Official Stamp
Document Description
This certificate is attached to page ____ of a ________________________ (title or type
of document), dated _____________, 20 ___ , consisting of _______ pages.
Corporation Division
Office of the Secretary of State
Public Service Building, Suite 151
255 Capitol Street NE
Salem, OR 97310-1327
(503) 986-2200
Oregon Notary Guide
Publication No. 1500
August 2024
