Title 19, Miscellaneous Matters Related to Government and Public Affairs

This chapter may be cited as the Revised Uniform Law on Notarial Acts. [2013 c.219 §1]

As used in this chapter: (1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the reco…

(1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. (2) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party, or in which either…

(1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the…

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. [2013 c.219 §5]

(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notaria…

(1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (a) The individual executing the record is competent or has the capacity to execute the record; (b) The individual’s signature is knowingly and voluntarily made; or (c) The individua…

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 (nam…

(1) A notarial act may be performed in this state by: (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 …

(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: (a) A notary public of the other state; (b) A judge of the other state or a …

(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: (a) A notarial office…

(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: (a) A judge or a clerk of a court; (b) An individual in military service, or…

(1) As used in this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe. (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 …

(1) As used in this section: (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 …

(1) A notarial act must be evidenced by a certificate. The certificate must: (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 whic…

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) For an acknowledgment in an i…

(1) The official stamp of a notary public must: (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 …

(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. (2) On resignation from, or the revocation or expiration of, the notary public’s commission, or on the e…

(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…

(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…

(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 describe…

(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. (2) Before taking the exa…

(1) The Secretary of State may deny, revoke, suspend or impose a condition on a commission as a notary public for: (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 othe…

The Secretary of State shall maintain an electronic database of notaries public: (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 …

(1) A commission as a notary public does not authorize an individual to: (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) Rep…

(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. (2) The validity of a notarial act under this chapter doe…

(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…

(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. (2) Any fee received by the Secret…

(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 t…

(1) A notary public may protest commercial paper if the notary public is: (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 …

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)]

(1) A notary public who is a shareholder, director, officer, employee, member or partner of a business entity may: (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, directo…

(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. (2) A former notary public, or an individual designated …

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 t…

(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. (2) A notary public may charge an additio…

In addition to other remedies provided by law: (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 m…

(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. (2) If directed under subsection (1) o…

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)]

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]

(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. (2) This chapter does not: (a) Modify, limit or supersede section 101(c) of the Electronic …

ORS 194.800 to 194.835 may be cited as the Uniform Unsworn Foreign Declarations Act. [2013 c.218 §1] 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…

As used in ORS 194.800 to 194.835: (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” include…

(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. (2) ORS 194.800 t…

(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. (2) ORS 194.800 to 194.…

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] Note: See note under 194.800.

An unsworn declaration under ORS 194.800 to 194.835 must be in substantially the following form: ______________________________________________________________________________ I declare under penalty of perjury under the law of Oregon that the foregoing is true and correct, and t…

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] Note: See note under 194.800.

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.…

(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 (…

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 secr…