Chapter 194 — Chapter 194
124 sections in this chapter.
ORS 194.250 Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import. [2013 c.219 §8]
0.0K chars
[Repealed or reserved.]
ORS 194.255 Notarial act in this state. (1) A notarial act may be performed in this state by
0.8K chars
(a) A notary public; (b) A judge of this state or a clerk of a court of this state; (c) A county clerk or county employee with recording responsibilities designated by the county; or (d) Any other individual authorized by the law of this state to perform the notarial act. (2) Not…
ORS 194.260 Notarial act in another state. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the other state is performed by
0.6K chars
(a) A notary public of the other state; (b) A judge of the other state or a clerk of a court of the other state; or (c) Any other individual authorized by the law of the other state to perform the notarial act. (2) The signature and title of an individual performing a notarial ac…
ORS 194.265 Notarial act under authority of federally recognized Indian tribe. (1) A notarial act performed under the authority of and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by
0.6K chars
(a) A notarial officer of the tribe; (b) A judge of the tribe or a clerk of a court of the tribe; or (c) Any other individual authorized by the law of the tribe to perform the notarial act. (2) The signature and title of an individual performing a notarial act under the authority…
ORS 194.270 Notarial act under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by
0.8K chars
(a) A judge or a clerk of a court; (b) An individual in military service, or performing duties under the authority of the military service, who is authorized to perform notarial acts under federal law; (c) An individual designated a notarizing officer by the United States Departm…
ORS 194.275 Foreign notarial act. (1) As used in this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe
1.5K chars
(2) If a notarial act is performed under the authority of and in the jurisdiction of a foreign state or a constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the…
ORS 194.277 Notarial act performed for remotely located individual; rules. (1) As used in this section
6.1K chars
(a) “Communication technology” means an electronic device or process that: (A) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (B) When necessary and consistent with other applicable law, facilitates c…
ORS 194.280 Certificate of notarial act. (1) A notarial act must be evidenced by a certificate. The certificate must
3.5K chars
(a) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State; (b) Identify the jurisdiction in which the notarial act is performed; (c) Contain the title of office of the notar…
ORS 194.285 Short form certificates. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by ORS 194.280 (1) to (3)
1.9K chars
______________________________________________________________________________ (1) For an acknowledgment in an individual capacity: State of _________ County of _________ This record was acknowledged before me on (date) ______ by (name(s) of individual(s)) _________. Signature of…
ORS 194.290 Official stamp. (1) The official stamp of a notary public must
0.5K chars
(a) Include the notary public’s name, jurisdiction, commission expiration date and other information required by the Secretary of State by rule; and (b) Be a legible imprint capable of being copied together with the record to which it is affixed or attached or with which it is lo…
ORS 194.295 Stamping device. (1) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device in performing a notarial act
0.9K chars
(2) On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration date set forth in the notary public’s official stamp, the notary public shall disable the notary public’s stamping device by destroying, defacing, damaging, erasing o…
ORS 194.300 Journal. (1) Except as provided in subsection (11) of this section, a notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal
5.5K chars
(2) A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, regardless of whether those notarial acts are performed for tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, boun…
ORS 194.305 Notification regarding performance of notarial act with respect to electronic records; selection of technology; acceptance of tangible copy of electronic record. (1) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected
1.0K chars
(2) Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to electronic records and identify the techn…
ORS 194.310 [Amended by 1961 c.498 §5; 1981 c.11 §4; 1983 c.506 §1; repealed by 1989 c.976 §37]
0.0K chars
[Repealed or reserved.]
ORS 194.315 Commission as notary public; qualifications; no immunity or benefit. (1) An individual qualified under subsection (2) of this section may apply to the Secretary of State for a commission as a notary public. The applicant shall comply with and provide the information required under rules adopted by the secretary and pay the application fee described in ORS 194.365
2.4K chars
(2) An applicant for a commission as a notary public must: (a) Be at least 18 years of age; (b) Be a resident of this state or have a place of employment or practice in this state; (c) Be able to read and write English; (d) Not have been convicted of a felony or any crime involvi…
ORS 194.320 [Amended by 1981 c.11 §5; repealed by 1989 c.976 §37]
0.0K chars
[Repealed or reserved.]
ORS 194.325 Examination of notary public. (1) An applicant for a commission as a notary public must pass an examination administered by the Secretary of State or an entity approved by the secretary. The examination must be based on the course of study described in subsection (3) of this section
0.5K chars
(2) Before taking the examination required under subsection (1) of this section, an applicant for a commission as a notary public must complete a course of study offered by the Secretary of State or an entity approved by the secretary. (3) The Secretary of State or an entity appr…
ORS 194.330 [1983 c.393 §23; 1989 c.976 §30; 1993 c.66 §11; repealed by 2013 c.219 §45 (194.415 enacted in lieu of 194.330)]
0.0K chars
[Repealed or reserved.]
ORS 194.335 [1989 c.976 §32; repealed by 2013 c.219 §61]
0.0K chars
[Repealed or reserved.]
ORS 194.340 Grounds to deny, revoke, suspend or condition commission of notary public. (1) The Secretary of State may deny, revoke, suspend or impose a condition on a commission as a notary public for
2.3K chars
(a) Failure of the applicant or notary public to comply with any provision of this chapter, any rule adopted by the Secretary of State under this chapter or any other state or federal law relating to any duty required of a notary public; (b) A fraudulent, dishonest or deceitful m…
ORS 194.345 Database of notaries public. The Secretary of State shall maintain an electronic database of notaries public
0.3K chars
(1) Through which a person may verify the authority of a notary public to perform notarial acts; and (2) That indicates whether a notary public has notified the secretary that the notary public will be performing notarial acts with respect to electronic records. [2013 c.219 §23]
ORS 194.350 Prohibited acts. (1) A commission as a notary public does not authorize an individual to
2.4K chars
(a) Assist persons in drafting legal records, give advice on legal matters or otherwise practice law; (b) Act as an immigration consultant as defined in ORS 9.280 or an expert on immigration matters; (c) Represent an individual in a judicial or administrative proceeding relating …
ORS 194.355 Validity of notarial acts. (1) Except as otherwise provided in ORS 194.225 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer
0.4K chars
(2) The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state other than this chapter or federal…
ORS 194.360 Rules. (1) Subject to ORS chapter 183, the Secretary of State may adopt rules to implement this chapter. Rules regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification
1.4K chars
(2) The rules may: (a) Prescribe the manner of performing notarial acts regarding tangible and electronic records; (b) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; (c) Include provisions to ens…
ORS 194.365 Application fee. (1) To defray costs incurred by the Secretary of State to process the application made under ORS 194.315, each applicant for a commission as a notary public shall pay in advance to the secretary a nonrefundable application fee not to exceed $40
0.3K chars
(2) Any fee received by the Secretary of State under subsection (1) of this section shall be deposited in the State Treasury and credited to the Operating Account under ORS 56.041, and is in lieu of any fee charged under ORS 177.130. [2013 c.219 §28 (enacted in lieu of 194.020)]
ORS 194.370 Investigation of applicant; consent. (1) For purposes described in subsection (2) of this section, upon consent of the applicant for a commission as a notary public and upon request of the Secretary of State, the Department of State Police shall furnish to the secretary any information regarding the applicant that the department may have in its possession and any information to which the department may have access, including but not limited to the Law Enforcement Data System established in ORS 181A.280
0.8K chars
(2) The department shall provide the information described in subsection (1) of this section to assist in: (a) Verifying the identity of an applicant for a commission as a notary public; or (b) Determining whether the applicant has been convicted of a felony or of a lesser offens…
ORS 194.375 Protest of commercial paper. (1) A notary public may protest commercial paper if the notary public is
1.1K chars
(a) An officer or employee of a financial institution or trust company; (b) An officer or employee of an investment company; (c) An individual serving under the direct supervision of an officer or employee of a financial institution, trust company or investment company; or (d) An…
ORS 194.380 Record of protest; effect as evidence. Each notary public described in ORS 194.375 shall keep a record of all protests of commercial paper made by the notary public under ORS 73.0505. The record is competent evidence to prove notice of dishonor for purposes of ORS 73.0505. [2013 c.219 §34 (enacted in lieu of 194.090)]
0.0K chars
[Repealed or reserved.]
ORS 194.385 Powers of notary public connected with corporation; limitations. (1) A notary public who is a shareholder, director, officer, employee, member or partner of a business entity may
1.0K chars
(a) Take the acknowledgment of any party to any written instrument executed to or by the business entity; or (b) Administer an oath to any other shareholder, director, officer, employee, member or partner of the business entity or to any agent of the business entity. (2) A notary…
ORS 194.390 Disposition of records on vacancy in office; penalty for failure to properly dispose of records or for destroying or altering records. (1) Whenever the office of a notary public becomes vacant, the record referred to in ORS 194.380 kept by the notary public, together with all the papers relating to such record, shall be delivered to the Secretary of State
0.8K chars
(2) A former notary public, or an individual designated personal representative or administrator for a deceased notary public, shall deliver the record and papers described in subsection (1) of this section to the Secretary of State not later than three months after the date the …
ORS 194.395 Recovery and disposition of fines. All fines imposed under ORS 194.390 shall be recovered in a civil action in any court having jurisdiction of the action in the county where the notary public resides, is employed or is carrying on business. One-half of the amount of the fine shall be paid to the person bringing the action and one-half shall be paid to the State Treasurer to be deposited in the General Fund. [2013 c.219 §40 (enacted in lieu of 194.150)]
0.0K chars
[Repealed or reserved.]
ORS 194.400 Fees for notarial acts; collection of fees. (1) The fee that a notary public may charge for performing a notarial act may not exceed $10 per notarial act, except that a notary public may charge a fee not to exceed $25 per notarial act for a notarial act performed under ORS 194.277
1.1K chars
(2) A notary public may charge an additional fee for traveling to perform a notarial act if: (a) The notary public explains to the person requesting the notarial act that the fee is in addition to a fee specified in subsection (1) of this section and is in an amount not determine…
ORS 194.405 Action for damages or injunction; attorney fees and costs; employer’s liability. In addition to other remedies provided by law
1.6K chars
(1) A person injured by a violation of ORS 194.350 may bring an individual action in an appropriate court to enjoin the violation and may also recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court…
ORS 194.410 [Amended by 1963 c.428 §1; repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 194.410)]
0.0K chars
[Repealed or reserved.]
ORS 194.415 Attorney General to investigate or prosecute violation; payment of expenses. (1) If the Secretary of State believes that an alleged violation of any provision of this chapter is not being investigated or prosecuted, the secretary may direct the Attorney General to take full charge of the investigation or prosecution
0.4K chars
(2) If directed under subsection (1) of this section, the Attorney General shall take full charge of the investigation or prosecution and the provisions of ORS 180.070, 180.080 and 180.090 shall apply. (3) Notwithstanding ORS 180.070 (3), expenses associated with the Attorney Gen…
ORS 194.420 [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 194.420)]
0.0K chars
[Repealed or reserved.]
ORS 194.425 Disposition of moneys. All moneys received by the Secretary of State under this chapter shall be paid into the State Treasury and credited to the Operating Account under ORS 56.041. [2013 c.219 §48 (enacted in lieu of 194.700)]
0.0K chars
[Repealed or reserved.]
ORS 194.430 [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 194.430)]
0.0K chars
[Repealed or reserved.]
ORS 194.435 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact the Revised Uniform Law on Notarial Acts. [2013 c.219 §49]
0.0K chars
[Repealed or reserved.]
ORS 194.440 Relation to Electronic Signatures in Global and National Commerce Act. (1) Except as provided in subsection (2) of this section, this chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq
0.3K chars
(2) This chapter does not: (a) Modify, limit or supersede section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001(c); or (b) Authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Glo…
ORS 194.500 [1977 c.404 §11 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
0.0K chars
[Repealed or reserved.]
ORS 194.505 [1983 c.393 §2; 1989 c.976 §33; 1997 c.185 §1; repealed by 2013 c.219 §61]
0.0K chars
[Repealed or reserved.]
ORS 194.510 [1977 c.404 §10 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
0.0K chars
[Repealed or reserved.]
ORS 194.515 [1983 c.393 §3; 1993 c.545 §125; 1997 c.185 §2; 1999 c.59 §49; 2003 c.533 §1; 2009 c.338 §1; repealed by 2013 c.219 §61]
0.0K chars
[Repealed or reserved.]
ORS 194.520 [1977 c.404 §3 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
0.0K chars
[Repealed or reserved.]
ORS 194.525 [1983 c.393 §4; repealed by 2013 c.219 §61]
0.0K chars
[Repealed or reserved.]
ORS 194.530 [1977 c.404 §4 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
0.0K chars
[Repealed or reserved.]
ORS 194.535 [1983 c.393 §5; repealed by 2013 c.219 §61]
0.0K chars
[Repealed or reserved.]
ORS 194.540 [1977 c.404 §5 (enacted in lieu of 45.125, 93.415, 93.430, 93.490, 93.500, 93.510, 93.520, 194.410, 194.420 and 194.430); repealed by 1983 c.393 §26]
0.0K chars
[Repealed or reserved.]
ORS 194.545 [1983 c.393 §6; repealed by 2013 c.219 §61]
0.0K chars
[Repealed or reserved.]