Chapter 194 — Chapter 194
124 sections in this chapter.
ORS 194.550 [1977 c.404 §6 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
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[Repealed or reserved.]
ORS 194.555 [1983 c.393 §7; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.558 [2007 c.63 §4; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.560 [1977 c.404 §7 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
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[Repealed or reserved.]
ORS 194.565 [1983 c.393 §8; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.570 [1977 c.404 §8 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
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[Repealed or reserved.]
ORS 194.575 [1983 c.393 §9; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.578 [1999 c.333 §2; 2007 c.70 §53; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.580 [1977 c.404 §9 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
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[Repealed or reserved.]
ORS 194.582 [1999 c.718 §5; 2001 c.535 §29; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.585 [1983 c.393 §11; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.595 [1983 c.393 §12; repealed by 2013 c.219 §61]
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[Repealed or reserved.]
ORS 194.700 [1983 c.393 §15; 1993 c.66 §9; repealed by 2013 c.219 §47 (194.425 enacted in lieu of 194.700)]
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UNIFORM UNSWORN FOREIGN DECLARATIONS ACT
ORS 194.800 Short title. ORS 194.800 to 194.835 may be cited as the Uniform Unsworn Foreign Declarations Act. [2013 c.218 §1]
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Note: 194.800 to 194.835 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 194 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 194.805 Definitions. As used in ORS 194.800 to 194.835
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(1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States. (2) “Law” includes the federal or a state Constituti…
ORS 194.810 Applicability. (1) ORS 194.800 to 194.835 apply to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States
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(2) ORS 194.800 to 194.835 do not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe. [2013 c.218 §3] Note: See no…
ORS 194.815 Validity of unsworn declaration. (1) Except as otherwise provided in subsection (2) of this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of ORS 194.800 to 194.835 has the same effect as a sworn declaration
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(2) ORS 194.800 to 194.835 do not apply to: (a) A deposition; (b) An oath of office; (c) An oath required to be given before a specified official other than a notary public; (d) A declaration to be recorded pursuant to the recording laws of this state, including but not limited t…
ORS 194.820 Required medium. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium. [2013 c.218 §5]
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Note: See note under 194.800.
ORS 194.825 Form of unsworn declaration. An unsworn declaration under ORS 194.800 to 194.835 must be in substantially the following form
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______________________________________________________________________________ I declare under penalty of perjury under the law of Oregon that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, …
ORS 194.830 Uniformity of application and construction. In applying and construing ORS 194.800 to 194.835, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [2013 c.218 §7]
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Note: See note under 194.800.
ORS 194.835 Relation to Electronic Signatures in Global and National Commerce Act. ORS 194.800 to 194.835 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). [2013 c.218 §8]
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Note: See note under 194.800. PENALTIES
ORS 194.980 Civil penalties; factors; notice; hearing; rules. (1) In addition to any other penalty provided by law, the Secretary of State may impose a civil penalty for each violation of any provision of this chapter or any rule adopted by the secretary under this chapter. The civil penalty shall be in the amount adopted under subsection (2) of this section, plus any costs of service or recording costs
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(2)(a) The Secretary of State by rule shall establish the amount of civil penalty that may be imposed for a particular violation. A civil penalty may not exceed $1,500 per violation. (b) In imposing a penalty authorized by this section, the secretary may consider the following fa…
ORS 194.985 Official Warning to Cease Violation. In lieu of a civil penalty imposed under ORS 194.980, the Secretary of State may deliver a written Official Warning to Cease Violation to any notary public whose actions are judged by the secretary to be a violation of any provision of this chapter or any rule adopted by the secretary under this chapter. [1989 c.976 §27; 2013 c.219 §52]
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[Repealed or reserved.]
ORS 194.990 Criminal penalties. (1)(a) A notary public who knowingly performs or fails to perform any act prohibited or mandated respectively by this chapter, or rules adopted by the Secretary of State under this chapter, is guilty of a Class B misdemeanor
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(b) Any individual not a notary public who knowingly acts as or otherwise impersonates a notary public is guilty of a Class B misdemeanor. (c) Any person who knowingly obtains, conceals, defaces or destroys the official seal, journal or official records of a notary public is guil…