Title 194 · ORS Chapter 194

194.030); 1983 c.393 �17; 1989 c.976 �10; 2001 c.63 �1; repealed by 2013 c.219 �61] �� 194.040 [Amended by 1967 c.541 �9; 1983 c.393 �18; 1989 c.976 �11; 2011 c.359 �7; repealed by 2013 c.219 �

Citation: ORS 194.030

Section: 194.030

194.030); 1983 c.393 �17; 1989 c.976 �10; 2001 c.63 �1; repealed by 2013 c.219 �61]

�� 194.040 [Amended by 1967 c.541 �9; 1983 c.393 �18; 1989 c.976 �11; 2011 c.359 �7; repealed by 2013 c.219 �61]

�� 194.043 [1989 c.976 �5; repealed by 2013 c.219 �61]

�� 194.045 [1969 c.394 ��2,3,4; 1977 c.641 �1; 1983 c.393 �19; 1989 c.976 �16; repealed by 2005 c.68 �1]

�� 194.047 [1989 c.976 �13; repealed by 2013 c.219 �61]

�� 194.050 [Amended by 1961 c.498 �3; 1967 c.541 �4; repealed by 1983 c.393 �26]

�� 194.052 [1989 c.976 �14; repealed by 2013 c.219 �61]

�� 194.060 [Repealed by 1967 c.541 �22]

�� 194.063 [1967 c.541 �11; 1977 c.128 �2; 1983 c.393 �21; 1985 c.487 �2; 1989 c.976 �17; 2005 c.733 �4; repealed by 2013 c.219 �61]

�� 194.067 [1967 c.541 �18; repealed by 1989 c.976 �37]

�� 194.070 [Amended by 1967 c.541 �13; 1993 c.545 �123; 2009 c.123 �1; repealed by 2013 c.219 �31 (194.375 enacted in lieu of 194.070)]

�� 194.080 [Repealed by 1967 c.541 �22]

�� 194.090 [Amended by 1967 c.541 �14; 1993 c.545 �124; 2009 c.123 �2; repealed by 2013 c.219 �33 (194.380 enacted in lieu of 194.090)]

�� 194.100 [Amended by 1967 c.541 �15; 2009 c.123 �3; repealed by 2013 c.219 �35 (194.385 enacted in lieu of 194.100)]

�� 194.110 [Repealed by 1989 c.976 �37]

�� 194.120 [Amended by 1961 c.498 �4; repealed by 1989 c.976 �37]

�� 194.130 [Amended by 1967 c.541 �19; repealed by 2013 c.219 �37 (194.390 enacted in lieu of 194.130)]

�� 194.140 [Repealed by 1989 c.976 �37]

�� 194.150 [Amended by 1967 c.541 �20; 1985 c.487 �3; repealed by 2013 c.219 �39 (194.395 enacted in lieu of 194.150)]

�� 194.152 [1989 c.976 �15; 2009 c.123 �4; repealed by 2013 c.219 �61]

�� 194.154 [1989 c.976 �19; repealed by 2013 c.219 �61]

�� 194.156 [1989 c.976 �20; repealed by 2013 c.219 �61]

�� 194.158 [1989 c.976 ��21,22; repealed by 2013 c.219 �61]

�� 194.160 [Amended by 1967 c.541 �16; repealed by 1989 c.976 �37]

�� 194.162 [1989 c.976 �23; repealed by 2013 c.219 �61]

�� 194.164 [1989 c.976 �24; 1997 c.631 �424; 2009 c.338 �2; repealed by 2013 c.219 �41 (194.400 enacted in lieu of 194.164)]

�� 194.166 [1989 c.976 �25; 2009 c.123 �5; 2009 c.338 �3; repealed by 2013 c.219 �61]

�� 194.168 [1989 c.976 �26; repealed by 2013 c.219 �61]

�� 194.170 [Amended by 1983 c.393 �20; repealed by 1989 c.976 �37]

�� 194.180 [1961 c.91 �1; repealed by 1971 c.250 �1]

�� 194.190 [1983 c.506 �3; repealed by 1989 c.976 �37]

�� 194.200 [1983 c.506 �4; 1989 c.976 �29; repealed by 2013 c.219 �43 (194.405 enacted in lieu of 194.200)]

REVISED UNIFORM LAW ON NOTARIAL ACTS

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

�� 194.210 [Repealed by 1969 c.394 �5]

�� 194.215 Definitions. 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 record with proper authority and signed it as the act of the person identified in the record.

�� (2) �Clerk of a court of this state� means:

�� (a) The clerk, deputy clerk or court administrator of the Supreme Court, the Court of Appeals or the Oregon Tax Court;

�� (b) The trial court administrator or any other nonjudicial officer or employee of the circuit court for a county who is authorized by the presiding judge for the judicial district; or

�� (c) A nonjudicial officer or employee of a municipal court who is authorized by a judge of the municipal court.

�� (3) �Commercial paper� means instruments that are within the scope of ORS chapter 73, including drafts, checks, certificates of deposit and notes.

�� (4) �Electronic� means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

�� (5) �Electronic signature� means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

�� (6) �In a representative capacity� means acting as:

�� (a) An authorized officer, agent, partner, trustee or other representative of a person other than an individual;

�� (b) A public officer, personal representative, guardian, conservator, trustee or other representative, in the capacity stated in a record;

�� (c) An agent of or attorney-in-fact for a principal; or

�� (d) An authorized representative of another in any other capacity.

�� (7) �Judge� means:

�� (a) Any judge of the circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, any Oregon Tax Court magistrate, any justice of the peace or municipal judge or any county judge who exercises judicial functions; or

�� (b) Any judge or justice of the peace pro tempore.

�� (8) �Notarial act� means:

�� (a) Taking an acknowledgment;

�� (b) Administering an oath or affirmation;

�� (c) Taking a verification on oath or affirmation;

�� (d) Witnessing or attesting a signature;

�� (e) Certifying or attesting a copy;

�� (f) Making, noting or recording a protest of a negotiable instrument; or

�� (g) Any other act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state.

�� (9) �Notarial officer� means a notary public or other individual authorized to perform a notarial act.

�� (10) �Notary public� means an individual commissioned to perform a notarial act by the Secretary of State.

�� (11) �Oath� and �affirmation� mean a notarial act or part of a 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.

�� (12) �Official stamp� means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record.

�� (13) �Person� means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

�� (14) �Record� means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

�� (15) �Sign� means, with present intent to authenticate or adopt a record:

�� (a) To execute or adopt a tangible symbol; or

�� (b) To attach to or logically associate with the record an electronic symbol, sound or process.

�� (16) �Signature� means a tangible symbol or an electronic signature that evidences the signing of a record.

�� (17) �Stamping device� means:

�� (a) A physical device capable of affixing to a tangible record an official stamp; or

�� (b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.

�� (18) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

�� (19) �Verification on oath or affirmation� means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. [2013 c.219 �2]

�� 194.220 [Repealed by 1969 c.394 �5]

�� 194.225 Authority to perform notarial act. (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 the officer or the officer�s spouse has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

�� (3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. [2013 c.219 �3; 2020 s.s.1 c.12 ��21,22; 2021 c.344 �1]

�� 194.230 Requirements for certain notarial acts. (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 signature on the record is the signature of the individual.

�� (2) A notarial officer who takes a verification on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the declaration has the identity claimed and that the signature on the record containing the statement verified is the signature of the individual.

�� (3) A notarial officer who witnesses or attests a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

�� (4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.

�� (5) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in ORS 73.0505. [2013 c.219 �4]

�� 194.235 Personal appearance required. 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]

�� 194.240 Identification of individual. (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 notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:

�� (a) By means of:

�� (A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or

�� (B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual;

�� (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of:

�� (c) Positively by examination or comparison of official government documents or records if the individual is confined in a correctional facility.

�� (3) A notarial officer may require an individual to provide additional information or identification credentials necessary to confirm the identity of the individual. [2013 c.219 �6]

�� 194.245 Authority to refuse to perform notarial act. (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 individual has provided sufficient information or identification credentials necessary to confirm the identity of the individual.

�� (2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter. [2013 c.219 �7]

�� 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]

�� 194.255 Notarial act in this state. (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 law of this state to perform the notarial act.

�� (2) Notarial acts performed under ORS 194.260, 194.265, 194.270 or 194.275 have the same effect as if performed by a notarial officer of this state.

�� (3) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (4) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act. [2013 c.219 �9]

�� 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:

�� (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 act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (3) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act. [2013 c.219 �10]

�� 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:

�� (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 of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� 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:

�� (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 Department of State for performing notarial acts overseas; or

�� (d) Any other individual authorized by federal law to perform the notarial act.

�� (2) The signature and title of an individual performing a notarial act under federal authority are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (3) The signature and title of an individual described in subsection (1) of this section conclusively establish the authority of the individual to perform the notarial act. [2013 c.219 �12]

�� 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.

�� (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 law of this state as if performed by a notarial officer of this state.

�� (3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

�� (4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

�� (5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

�� (6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. [2013 c.219 �13]

�� 194.277 Notarial act performed for remotely located individual; rules. (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 applicable law, facilitates communication with a remotely located individual who has a visual, hearing or speech impairment.

�� (b) �Foreign state� means a jurisdiction other than the United States, a state or a federally recognized Indian tribe.

�� (c) �Identity proofing� means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

�� (d) �Outside the United States� means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.

�� (e) �Remotely located individual� means an individual who is not in the physical presence of the notary public who performs a notarial act under subsection (3) of this section.

�� (2) A remotely located individual may comply with ORS 194.235 by using communication technology to appear before a notary public.

�� (3) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:

�� (a) The notary public:

�� (A) Has personal knowledge under ORS 194.240 (1) of the identity of the remotely located individual;

�� (B) Has satisfactory evidence of the identity of the remotely located individual by a verification on oath or affirmation from a credible witness appearing before and identified by the notary public as a remotely located individual under this section or in the physical presence of the notary public under ORS 194.240 (2); or

�� (C) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;

�� (b) The notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;

�� (c) The notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and

�� (d) For a remotely located individual who is located outside the United States:

�� (A) The record:

�� (i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or

�� (ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and

�� (B) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

�� (4) If a notarial act is performed under this section, the certificate of notarial act required by ORS 194.280 and the short form certificate provided in ORS 194.285 must indicate that the notarial act was performed using communication technology.

�� (5) A short form certificate provided in ORS 194.285 for a notarial act subject to this section is sufficient if it:

�� (a) Complies with rules adopted under subsection (8)(a) of this section; or

�� (b) Is in the form provided in ORS 194.285 and contains a statement substantially as follows: �This notarial act involved the use of communication technology.�

�� (6) A notary public, a guardian, conservator, trustee or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection (3)(c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of this section, the recording must be maintained for a period of at least 10 years after the recording is made.

�� (7) Before a notary public performs the notary public�s initial notarial act under this section, the notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the Secretary of State has established standards under subsection (8) of this section or ORS 194.360 for approval of communication technology or identity proofing, the communication technology and identity proofing used by the notary public must conform to those standards.

�� (8) In addition to adopting rules under ORS 194.360, the Secretary of State may adopt rules under this section regarding the performance of a notarial act. The rules may:

�� (a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;

�� (b) Establish standards for communication technology and identity proofing;

�� (c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and

�� (d) Establish standards and a period for the retention of an audiovisual recording created under subsection (3)(c) of this section.

�� (9) Before adopting, amending or repealing a rule governing the performance of a notarial act with respect to a remotely located individual, the Secretary of State shall consider:

�� (a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;

�� (b) Standards, practices and customs of other jurisdictions that have laws substantially similar to this section; and

�� (c) The views of governmental officials and entities and other interested persons. [2020 s.s.1 c.12 �20]

�� 194.280 Certificate of notarial act. (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 which the notarial act is performed;

�� (c) Contain the title of office of the notarial officer;

�� (d) Contain the name of the person for whom the notarial act is performed; and

�� (e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer�s commission.

�� (2) The notarial officer may subsequently correct any information included on or omitted from the certificate.

�� (3) Except as provided in subsection (8) of this section, if a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be attached to or logically associated with the certificate.

�� (4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) to (3) of this section and:

�� (a) Is in a short form set forth in ORS 194.285;

�� (b) Is in a form otherwise permitted by the law of this state;

�� (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or

�� (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in ORS 194.230, 194.235 and