Title 194 · ORS Chapter 194

or a condominium plat required under ORS 100.115, or any replat,

Citation: ORS 92.192

Section: 92.192

92.192 or a condominium plat required under ORS 100.115, or any replat, supplement or amendment thereto, if the following appear below the notary public�s signature:

�� (a) The printed name of the notary public;

�� (b) The words �NOTARY PUBLIC -

OREGON�;

�� (c) The words �COMMISSION NO.� immediately followed by the notary public�s commission number; and

�� (d) The words �MY COMMISSION EXPIRES� immediately followed by the date the notary public�s commission expires, expressed in terms of the month, by name not abbreviated, two-digit date and four-digit year. [2013 c.219 �14]

�� 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) 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 notarial officer: ____________

�� Stamp (if required):

�� Title of office: ____________

�� My commission expires: _________

�� (2) For an acknowledgment in a representative capacity:

�� State of _________

�� County of _________

�� This record was acknowledged before me on (date) ______ by (name(s) of individual(s)) _________ as (type of authority, such as officer or trustee) _________ of (name of party on behalf of whom record was executed) ____________.

�� Signature of notarial officer: ____________

�� Stamp (if required):

�� Title of office: ____________

�� My commission expires: _________

�� (3) For a verification on oath or affirmation:

�� State of _________

�� County of _________

�� Signed and sworn to (or affirmed) before me on (date) ______ by (name(s) of individual(s)) making statement _________.

�� Signature of notarial officer:

�� Stamp (if required):

�� Title of office: ____________

�� My commission expires: _________

�� (4) For witnessing or attesting a signature:

�� State of _________

�� County of _________

�� Signed (or attested) before me on (date) ______ by (name(s) of individual(s)) _________.

�� Signature of notarial officer: ____________

�� Stamp (if required):

�� Title of office: ____________

�� My commission expires: _________

�� (5) For certifying or attesting a copy of a record:

�� State of _________

�� County of _________

�� I certify (or attest) that this is a true and correct copy of a record in the possession of ____________.

�� Dated ______

�� Signature of notarial officer: ____________

�� Stamp (if required):

�� Title of office: ____________

�� My commission expires: _________

______________________________________________________________________________ [2013 c.219 �15]

�� 194.290 Official stamp. (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 it is affixed or attached or with which it is logically associated.

�� (2) The official stamp of a notary public is an official notarial seal for all purposes under the laws of this state. [2013 c.219 �16; 2020 s.s.1 c.12 ��23,24; 2021 c.344 �2]

�� 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.

�� (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 or securing the device against use.

�� (3) On the death or adjudication of incompetency of a notary public, the notary public�s personal representative, guardian, conservator or trustee or any other person knowingly in possession of the notary public�s stamping device shall render the device unusable by destroying, defacing, damaging, erasing or securing the device against use.

�� (4) If a notary public�s stamping device is lost or stolen, the notary public or the notary public�s personal representative, guardian, conservator or trustee shall notify promptly the Secretary of State on discovering that the device is lost or stolen. [2013 c.219 �17]

�� 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.

�� (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, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the Secretary of State.

�� (3) An entry in a journal must be made contemporaneously with performance of each notarial act and must contain the following information:

�� (a) The date and time of the notarial act;

�� (b) A description of the record, if any, and type of notarial act;

�� (c) The full name and contact address of each individual for whom the notarial act is performed;

�� (d) If identity of the individual is based on personal knowledge, a statement to that effect;

�� (e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of expiration of any identification credential;

�� (f) The signature of each individual for whom the notarial act is performed; and

�� (g) The fee, if any, charged by the notary public.

�� (4)(a) If a notary public performs notarial acts involving duplicate originals of a single statement or document for the same individual on the same date, the notary public may, in lieu of recording individually in the journal the information required by subsection (3) of this section for each duplicate original, record a single entry in the journal for all notarial acts involving the statement or document. The entry shall set forth all the information required by subsection (3) of this section and the total number of duplicates of the statement or document notarized.

�� (b) If a notary public performs notarial acts involving different statements or documents for the same individual on the same date, the notary public may, in lieu of recording individually in the journal the information required by subsection (3) of this section for each statement or document, record a single entry in the journal for all notarial acts involving the statements or documents. The entry shall set forth the number of statements or documents and the information required by subsection (3)(c) to (g) of this section and for each statement or document the information required by subsection (3)(a) and (b) of this section. If there are duplicate originals of any statement or document, the entry shall set forth the total number of duplicates of the statement or document notarized.

�� (c) If a notary public performs notarial acts involving more than one statement, signature or document for the same individual but not on the same date, the notary public may, in lieu of recording individually in the journal the information required by subsection (3)(c) to (e) of this section for each notarial act performed for that individual, record a reference to a prior entry in the notarial journal for that person. The reference shall identify the page and line numbers of the prior entry. The prior entry shall set forth the information required by subsection (3)(c) to (e) of this section.

�� (5) If a notary public�s journal is lost or stolen, the notary public shall notify promptly the Secretary of State on discovering that the journal is lost or stolen.

�� (6) On expiration of, resignation from, or suspension of, a notary public�s commission, the notary public shall retain the notary public�s journal in accordance with subsection (1) of this section.

�� (7) On revocation of a notary public�s commission, the notary public shall transmit the journal to the Secretary of State not later than 30 days after the date of revocation.

�� (8) On the death or adjudication of incompetency of a current or former notary public, the notary public�s personal representative, guardian, conservator or trustee or any other person knowingly in possession of the notary public�s journal shall transmit the journal to the Secretary of State.

�� (9) A journal in the possession of a notary public who is not a public official or public employee is exempt from disclosure under ORS 192.311 to 192.478. A journal in the possession of the Secretary of State, or in the possession of a notary public who is a public official or public employee, is not exempt from disclosure under ORS 192.311 to 192.478 unless the secretary or other custodian determines that the public interest in disclosure is outweighed by the interests of the parties to a notarial act in keeping the journal record of the notarial act confidential. A determination by the secretary or other custodian under this subsection is subject to review under ORS 192.311 to 192.478.

�� (10) A notary public who is an employee may enter into an agreement with the employer under which the journal or journals of the notary public are retained by the employer upon termination of employment.

�� (11) A notary public may, but is not required to, record in a journal any information about the following notarial acts performed by, or documents notarized by, the notary public:

�� (a) Recording a protest of commercial paper required under ORS 194.380;

�� (b) Administering an oath or affirmation;

�� (c) Certifying or attesting a copy of a document;

�� (d) Taking an affidavit;

�� (e) Verifying a billing statement for media advertising; and

�� (f) Taking a verification upon oath or affirmation. [2013 c.219 �18]

�� 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.

�� (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 technology the notary public intends to use. If the Secretary of State, by rule, has established standards pursuant to ORS 194.360 for approval of technology, the technology must conform to the standards. If the technology conforms to the standards, the Secretary of State shall approve the use of the technology.

�� (3) A county clerk may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. [2013 c.219 �19; 2020 s.s.1 c.12 ��25,26; 2021 c.344 �3]

�� 194.310 [Amended by 1961 c.498 �5; 1981 c.11 �4; 1983 c.506 �1; repealed by 1989 c.976 �37]

�� 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) 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 involving fraud, dishonesty or deceit during the 10-year period preceding the date of application;

�� (e) Not have been convicted of:

�� (A) Acting as or otherwise impersonating a notary public as described in ORS 194.990 (1)(b);

�� (B) Obstructing governmental or judicial administration under ORS 162.235 (1)(b); or

�� (C) Engaging in the unlawful practice of law as described in ORS 9.160;

�� (f) Not have been found by a court to have:

�� (A) Practiced law without a license in a suit under ORS 9.166; or

�� (B) Engaged in an unlawful trade practice described in ORS 646.608 (1)(uuu);

�� (g) Not have entered into an assurance of voluntary compliance, pursuant to ORS 646.632, based on an alleged violation of ORS 646.608 (1)(uuu);

�� (h) Not have had a commission as a notary public revoked during the 10-year period preceding the date of application;

�� (i) Not be disqualified under ORS 194.340 to receive a commission;

�� (j) Complete the course of study described in ORS 194.325; and

�� (k) Have passed the examination required under ORS 194.325.

�� (3) Before the Secretary of State may issue a commission as a notary public, the applicant shall execute an oath of office and submit it to the secretary.

�� (4) Upon the applicant�s compliance with this section, the Secretary of State shall issue a commission as a notary public to the applicant for a term of four years.

�� (5) A commission as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees of this state.

�� (6) Each notary public may file with the Secretary of State a statement waiving the fees specified under ORS 194.400. If a notary public files the statement waiving the fees, the office of that notary public is not considered a lucrative office.

�� (7) The functions of a notary public are not considered official duties under Article III, section 1, of the Oregon Constitution.

�� (8) A commission as a notary public is not considered a commission under Article V, section 18, of the Oregon Constitution. [2013 c.219 �20; 2016 c.47 �3; 2023 c.410 �7]

�� 194.320 [Amended by 1981 c.11 �5; repealed by 1989 c.976 �37]

�� 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.

�� (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 approved by the secretary shall offer regularly a course of study to applicants for a commission as a notary public. The course must cover the laws, rules, procedures and ethics relevant to notarial acts. [2013 c.219 �21; 2024 c.27 �1]

�� 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)]

�� 194.335 [1989 c.976 �32; repealed by 2013 c.219 �61]

�� 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:

�� (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 misstatement or omission in the application for a commission as a notary public submitted to the secretary;

�� (c) A conviction of the applicant or notary public for any felony or for a crime involving fraud, dishonesty or deceit;

�� (d) A conviction of the applicant or notary public for:

�� (A) Acting as or otherwise impersonating a notary public as described in ORS 194.990 (1)(b);

�� (B) Obstructing governmental or judicial administration under ORS 162.235 (1)(b); or

�� (C) Engaging in the unlawful practice of law as described in ORS 9.160;

�� (e) A finding by a court that the applicant or notary public:

�� (A) Practiced law without a license in a suit under ORS 9.166; or

�� (B) Engaged in an unlawful trade practice described in ORS 646.608 (1)(uuu);

�� (f) Entering into an assurance of voluntary compliance, pursuant to ORS 646.632, based on an alleged violation of ORS 646.608 (1)(uuu);

�� (g) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant�s or notary public�s fraud, dishonesty or deceit;

�� (h) Use of false or misleading advertising or representation by the notary public representing that the notary public has powers, qualifications, rights or privileges that the notary public does not have, including the power to counsel on immigration matters;

�� (i) Denial, revocation, suspension or conditioning of a commission as a notary public in another state; or

�� (j) Execution of any certificate as a notary public containing a statement known to the notary public to be false.

�� (2) If the Secretary of State denies, revokes, suspends or imposes a condition on a commission as a notary public, opportunity for hearing shall be accorded as provided in ORS chapter 183 for a contested case.

�� (3) The authority of the Secretary of State to deny, revoke, suspend or impose a condition on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. [2013 c.219 �22; 2016 c.47 �4; 2023 c.410 �8]

�� 194.345 Database of notaries public. 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 be performing notarial acts with respect to electronic records. [2013 c.219 �23]

�� 194.350 Prohibited acts. (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) Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or

�� (d) Receive compensation for performing any of the activities listed in this subsection.

�� (2) A notary public may not engage in false or deceptive advertising.

�� (3) A notary public, other than an attorney licensed to practice law, may not use the term �notario� or �notario publico.�

�� (4)(a) A notary public, other than an attorney licensed to practice law, may not advertise or represent that the notary public may assist persons in drafting legal records, give advice on legal matters or otherwise practice law.

�� (b) If a notary public who is not an attorney licensed to practice law advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public shall include in the advertisement or representation, the following:

�� (A) A statement, or an alternate statement authorized or required by the Secretary of State, prominently and in each language used in the advertisement or representation: �I am not an attorney licensed to practice law. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.�

�� (B) The fees for notarial acts specified under ORS 194.400.

�� (c) If the advertisement or representation is not in the form of broadcast media, print media or the Internet and does not permit inclusion of the statement required by this subsection because of size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

�� (5) A notary public may not engage in the unauthorized practice of law.

�� (6) A notary public may not commit any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another or substantially injure another.

�� (7) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. [2013 c.219 �24]

�� 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.

�� (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 law.

�� (3) This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. [2013 c.219 �25]

�� 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.

�� (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 ensure integrity in the creation, transmittal, storage or authentication of electronic records or electronic signatures;

�� (d) Prescribe the process of granting, conditioning, denying, suspending or revoking a commission as a notary public and ensuring the trustworthiness of an individual holding a commission as a notary public;

�� (e) Include provisions to prevent fraud or mistake in the performance of notarial acts;

�� (f) Provide for the administration of the examination and the course of study under ORS