15 chapters · 966 sections in this title.
ORS 193.030 Newspaper in which district legal advertisements and notices may be published
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Legal advertisements and notices for irrigation districts and road districts, the publication of which is now required by law, shall be published in a newspaper within the district; and if there is no newspaper in the district, in the newspaper nearest to the district affected. […
ORS 193.040 Publication on weekdays in daily paper
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Where publication of any form of notice for successive or consecutive days in a daily paper is provided for by statute, the publication of such notice on weekdays is a full compliance with such statute.
ORS 193.050 Notice by telegraph
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Whenever any notice, information or intelligence, written or otherwise, is required to be given, the same may be given by telegraph. The dispatch containing the same shall be delivered to the person entitled thereto, or to the agent or attorney of the person. Notice by telegraph …
ORS 193.060 Computation of publication time
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The time for the publication of legal notices shall be computed so as to exclude the first day of publication and to include the day on which the act or event of which notice is given is to happen, or which completes the full period required for publication.
ORS 193.070 Proof of publication
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Proof of publication of a document or notice required by law, or by an order of a court or judge, to be published in a newspaper, may be made by the affidavit of the owner, editor, publisher, manager or advertising manager of the newspaper or the principal clerk of any of them, o…
ORS 193.080 Filing affidavit of publication; original or copy as evidence
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If an affidavit of publication is made in an action, suit or proceeding pending in a court, it may be filed with the clerk thereof; if not so made, it may be filed with the county clerk of the county where the newspaper is printed. In either case, the original affidavit, or if th…
ORS 193.090 Compensation for publication
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(1) The compensation for the publication of all public notices which are now or hereafter required by law to be published shall be at a rate not to exceed that published by a newspaper as its open display advertising rate, that is, the per column inch rate charged local advertise…
ORS 193.100 Payment for newspaper publication of state laws or notices
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When any law or notice is published in any newspaper of this state, by virtue of any law authorizing any state officer to direct such publication at the expense of the state, all charges for such publication shall be paid as provided in ORS 293.295 to 293.462. The Oregon Departme…
ORS 193.310 Definitions for ORS 193.310 to 193.360
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As used in ORS 193.310 to 193.360, unless the context requires otherwise: (1) Broadcast means the transmission of information by means of radio or television facilities. (2) Notice means any notice that is required by law to be published. (3) Station means any radio or tele…
ORS 193.320 Radio and television broadcasts as supplement to newspaper publication
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(1) Any state or other public officer who is required by law to publish any notice may supplement publication thereof by causing such notice or a concise summary or description thereof to be broadcast at such times and with such frequency as the public officer determines suitable…
ORS 193.330 Reference to candidate for public office prohibited; transcript available to public
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(1) In the broadcast of the notice or material under ORS 193.310 to 193.360 and 251.295, no reference by name to any person who is a candidate for elective public office at the time of the broadcast shall be made. (2) Each station that broadcasts any notice or material under ORS …
ORS 193.340 Proof of broadcast
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Proof of publication of the notice or other material under ORS 193.310 to 193.360 and 251.295 shall be by affidavit of the owner, manager, assistant manager or program director of the station, in substantially the following form: __________________________________________________…
ORS 193.350 Selection of broadcast stations
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All public officials performing functions under ORS 193.310 to 193.360 and 251.295 shall select stations that best assure effective publicity for the notice or material being broadcast, based on the nature of the notice or material being broadcast. [1967 c.63 §6]
ORS 193.360 Payment for broadcasts authorized by state officer
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When any broadcast is made by order of a state officer where publication of the same notice is made at the expense of the state, all charges for the broadcast shall be paid as provided in ORS 293.295 to 293.462. The Oregon Department of Administrative Services shall draw a warran…
ORS 194.205 Short title
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This chapter may be cited as the Revised Uniform Law on Notarial Acts. [2013 c.219 §1]
ORS 194.215 Definitions
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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…
ORS 194.225 Authority to perform notarial act
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(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 officers spouse is a party, or in which either…
ORS 194.230 Requirements for certain notarial acts
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(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…
ORS 194.235 Personal appearance required
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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]
ORS 194.240 Identification of individual
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(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…
ORS 194.245 Authority to refuse to perform notarial act
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(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 individuals signature is knowingly and voluntarily made; or (c) The individua…
ORS 194.250 Signature if individual unable to sign
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If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individuals name on the record. The notarial officer shall insert Signature affixed by (name of other individual) at the direction of (nam…
ORS 194.255 Notarial act in this state
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(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 …
ORS 194.260 Notarial act in another state
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(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 …
ORS 194.265 Notarial act under authority of federally recognized Indian tribe
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(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…
ORS 194.270 Notarial act under federal authority
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(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…
ORS 194.275 Foreign notarial act
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(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 …
ORS 194.277 Notarial act performed for remotely located individual; rules
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(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 …
ORS 194.280 Certificate of notarial act
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(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…
ORS 194.285 Short form certificates
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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…
ORS 194.290 Official stamp
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(1) The official stamp of a notary public must: (a) Include the notary publics 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 …
ORS 194.295 Stamping device
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(1) A notary public is responsible for the security of the notary publics 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 publics commission, or on the e…
ORS 194.300 Journal
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(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…
ORS 194.305 Notification regarding performance of notarial act with respect to electronic records; selection of technology; acceptance of tangible copy of electronic record
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(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…
ORS 194.315 Commission as notary public; qualifications; no immunity or benefit
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(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…
ORS 194.325 Examination of notary public
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(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…
ORS 194.340 Grounds to deny, revoke, suspend or condition commission of notary public
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(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…
ORS 194.345 Database of notaries public
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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 …
ORS 194.350 Prohibited acts
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(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…
ORS 194.355 Validity of notarial acts
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(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…
ORS 194.360 Rules
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(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…
ORS 194.365 Application fee
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(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…
ORS 194.370 Investigation of applicant; consent
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(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…
ORS 194.375 Protest of commercial paper
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(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 …
ORS 194.380 Record of protest; effect as evidence
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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)]
ORS 194.385 Powers of notary public connected with corporation; limitations
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(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…
ORS 194.390 Disposition of records on vacancy in office; penalty for failure to properly dispose of records or for destroying or altering records
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(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 …
ORS 194.395 Recovery and disposition of fines
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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…
ORS 194.400 Fees for notarial acts; collection of fees
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(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…
ORS 194.405 Action for damages or injunction; attorney fees and costs; employers liability
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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…