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OregonNotary PublicGuideCorporation Division – Secretary of Statesos.oregon.gov/business

IntroductionWelcome to the State of Oregon Notary Public Guide. This publication describes the duties andresponsibilities involved in carrying out your notarial commission. It covers laws and rules, AttorneyGeneral’s opinions, state policy, and common sense guidelines based on broad experience and familiaritywith case law.It is your responsibility as a notary public to understand and carry out the laws and administrative rulesof the State of Oregon as they relate to notaries. Failure to follow these laws could leave you liable torecovery of damages and subject to fines and other penalties. Familiarity with the Notary Public Guidewill reduce that risk.No matter how much this guide covers, it will always miss some situation or special need you and yourclient may encounter. When these situations arise, contact the Corporation Division:Phone: (503) 986-2200Email: [email protected]: sos.oregon.gov/businessStreet address:Secretary of StateCorporation Division255 Capitol St. NE, Ste. 151Salem, OR 97310-1327Subscribe to Notary NewsWe recommend that you subscribe to Notary News, our free email subscription service, to receiveimportant changes that affect Oregon notaries, such as updates on Oregon notary laws, rules andprocedures.Thank you for becoming an Oregon Notary Public!22020 Notary Public Guide

Table of ContentsFrequently Asked Questions .6About Notaries. 6About Notarizing . 7About Stamps and Journals . 8About Notarial Acts and Certificates . 10About Notary Fees. 11Chapter 1 - The Notary Public .12Notaries in History . 12Three Components of a Notary Public . 12Qualifications to Become an Oregon Notary Public . 13Education and Exam . 13Become a Notary or Reapply for a New Commission . 14Stamping Devices and Journals. 15Re-Applying for a Commission . 15Not Reapplying for a Commission? . 15Lost, Misplaced, Broken or Stolen Stamping Device. 15Lost, Misplaced, Destroyed or Unusable Journal . 16Notary Information Change . 16We’re Here to Help . 16Chapter 2 - Employee Notaries and Employers .18Limitations on the Job . 18Employer Notarization Policies. 19Chapter 3 - Misconduct, Liability & Protecting Yourself .20Misconduct . 20Liability . 20Protecting Yourself . 21Notario Publico Fraud . 22I-9 Verifications: Can I as a notary perform them and how do I? . 24What is a Medallion Signature Guarantee? . 24Chapter 4 - Notary Fees .24Notary Fee Limit . 24Waiver of Fees . 24Travel Fee . 25Secretary of State - Corporation Division3

Notary Fees and Your Employer. 25Advertising . 26Chapter 5 - How to Notarize .271. Review the Document . 272. Identify the Signer. 283. Determine the Signer’s Willingness and Awareness . 304. Complete the Notary Journal . 305. Complete the Notarial Certificate . 30Chapter 6 - The Notarial Journal .31Notarial Acts Required to Be Recorded in Notarial Journal . 31Other Notarial Acts That May Be Recorded (ORS 194.300(11)) . 31Importance of the Journal . 31Format of the Journal . 31Keeping the Journal . 32Disclosure of the Journal. 32Notary Journal Contents. 32Chapter 7 - Notarial Certificates .36Notarizing a Commercial Protest. 36Components of a Notarial Certificate . 36Selecting the Notarial Certificate . 37Completing the Notarial Certificate . 38Attaching a Notarial Certificate . 39Making Corrections . 39Chapter 8 - Oregon Notarial Certificates .41Acknowledgment in an Individual Capacity. 42Acknowledgment in a Representative Capacity . 45Verification upon Oath or Affirmation Certificate . 48Witnessing or Attesting a Signature Certificate . 51Copy Certification Certificate . 53Signature by Third Party . 56Chapter 9 - Secretary of State Certificates .59Authentication Certificates . 59Certificate of Good Standing . 59Notary Public Notarial Commission Certificate . 5942020 Notary Public Guide

Certificate of Authorization . 59Chapter 10 - Foreign Language Documents .60Foreign Language Notarial Certificates . 60Chapter 11 - In Person Electronic Notarization (IPEN) .61Remote Online Notarization (RON) . 61Chapter 12 - Financial Exploitation of the Vulnerable .63What is It? . 63How Does It Happen? . 63Be On Guard . 63What Should the Notary Do? . 64Other Resources . 65Selected Index.66Glossary of Notarial Terms .68Oregon Notary Laws & Rules .70Review of Good Practices .71SAMPLE NOTARIAL CERTIFICATES .72Secretary of State - Corporation Division5

Frequently Asked QuestionsAbout Notaries1. How old do I need to be to become a Notary Public?You must be at least 18 years of age at the time of appointment.2. Do I need to be a resident of this state?You can be a resident of this state, or be a resident of another state and have a place ofemployment or practice within this state. If you live in another state and are an Oregon notary,you must perform all notarizations in the state of Oregon.3. Must I be able to read and write the English language?Yes.4. How long is a commission good for?The term of office for Oregon Notaries Public is 4 years. They must retake the test and submittheir application online or send in a paper application, not more than 30 days before thecommission expires.5. If my employer pays for my commission and my stamping device, am I only a notary for thebusiness in which I am employed?No. The notarial commission and its related tools belong to the notary public and not theemployer. A notary public is commissioned by the State of Oregon to provide a service to thepublic. The law does not state that notaries MUST serve the public, but if service is refusedwithout just cause, the notary public and their employer could face a civil law suit. ORS194.990(1)(a).6. My former employer paid for my notarial commission and kept my stamping device. Canthey do that and can I still be a notary?An individual, not an employer, is commissioned as a notary public. It does not matter whopaid for the notarial commission, stamping device, and notarial journal—they belong to thenotary public. During a notarial commission term, a notary public may change employersseveral times, and the notarial commission, stamping device, and notarial journal move withthe notary public. ORS 194.990(1)(c).The only exception would be if there is a signed journal agreement with the employer. Thenotary public would then purc