ORS Chapter 194

Chapter 194 — NotariesPublic

 

2009 EDITION

 

 

NOTARIESPUBLIC

 

MISCELLANEOUSMATTERS

 

NOTARIESPUBLIC

 

(Definitions)

 

194.005     Definitionsfor ORS 194.005 to 194.200

 

(Appointmentand Commission)

 

194.010     Appointmentof notary public; Certificate of Authorization; office may be nonlucrative;functions not official duties; rules

 

194.012     Termof office

 

194.014     Applicationfor appointment and commission

 

194.020     Applicationfee

 

194.022     Qualifications;written examination; education course

 

194.024     Investigationof applicant; consent

 

194.028     Notarypublic education courses; rules

 

194.031     Notarialseal; exception for notarization of certain plats; filing of sample imprint;replacement seal; rules

 

194.040     Recordof appointments and commissions; Secretary of State’s power to certify statusof notary

 

194.043     Scopeof appointment and commission

 

194.047     Changeof address

 

194.052     Changeof name; fee; rules

 

194.063     Applicationfor new commission; resignation

 

(CommercialPaper)

 

194.070     Protestof commercial paper

 

194.090     Recordof protest; effect as evidence

 

194.100     Powersof notary connected with corporation; limitations

 

194.130     Dispositionof records on vacancy in office; penalty for failure to properly dispose ofrecords or for destroying or altering records

 

194.150     Recoveryof forfeitures

 

(Duties;Prohibitions)

 

194.152     Journalof notarial acts; rules; disclosure

 

194.154     Dispositionof seal and notarial journal upon resignation, revocation or expiration ofcommission; rules

 

194.156     Dispositionof seal and notarial journal upon death of notary; rules

 

194.158     Prohibitedacts

 

194.162     Misrepresentationof notarial powers; notice of notarial powers and fees

 

(Feesfor Notarial Acts)

 

194.164     Feesfor notarial acts; rules; collection of fees

 

(Refusalto Issue; Revocation and Suspension of Commissions)

 

194.166     Groundsfor refusal to issue commission; revocation or suspension of commission

 

194.168     Hearingon refusal to issue, suspension or revocation of commission

 

194.200     Actionfor damages or injunction for violation of ORS 194.166; attorney fees andcosts; employer’s liability

 

(Enforcement)

 

194.330     AttorneyGeneral to investigate or prosecute violation; payment of expenses

 

(Rules)

 

194.335     Rules

 

UNIFORMLAW ON NOTARIAL ACTS

 

194.505     Definitionsfor ORS 194.005 to 194.200 and 194.505 to 194.595

 

194.515     Notarialacts

 

194.525     Whomay perform notarial acts; acts performed under federal authority

 

194.535     Notarialacts in other jurisdictions of the United States

 

194.545     Notarialacts under federal authority

 

194.555     Foreignnotarial acts

 

194.558     Notarialacts under tribal government authority

 

194.565     Certificateof notarial acts

 

194.575     Shortforms

 

194.578     Useof signature stamp by person who is blind or who has visual impairment ordisability; rules

 

194.582     Useof electronic signatures; rules

 

194.585     Uniformityof application and construction

 

194.595     Shorttitle

 

FUNDING

 

194.700     Dispositionof moneys

 

PENALTIES

 

194.980     Civilpenalties; factors; notice; hearing; rules

 

194.985     OfficialWarning to Cease Official Misconduct

 

194.990     Criminalpenalties

 

NOTARIESPUBLIC

 

(Definitions)

 

      194.005Definitions for ORS 194.005 to 194.200. As used in ORS 194.005 to 194.200:

      (1)“Commercial paper” means such instruments as are within the scope of ORSchapter 73, including drafts, checks, certificates of deposit and notes.

      (2)“Commission” means to empower to perform notarial acts and the writtenauthority to perform those acts.

      (3)“Good moral character” means character other than that which reflects moral turpitudeand conduct which would cause a reasonable person to have substantial doubtsabout an individual’s honesty, fairness and respect for the rights of othersand for the laws of the state and the nation. To be relevant to decidingwhether a person is of “good moral character,” conduct of questionable goodmoral character must be rationally connected to the applicant’s fitness to be anotary public.

      (4)“Notarial act” and “notarization” have the meaning given those terms under ORS194.505.

      (5)“Notarial certificate” and “certificate” mean the part of, or attachment to, anotarized document for completion by the notary and bearing the notary’ssignature and official seal.

      (6)“Notarial journal” means the journal described under ORS 194.152.

      (7)“Notary public” and “notary” mean any person commissioned to perform notarialacts under ORS 194.005 to 194.200.

      (8)“Official misconduct” means a notary’s performance of or failure to perform anyact prohibited or mandated respectively by ORS 194.005 to 194.200 or 194.505 to194.595, or any rule adopted under ORS 194.005 to 194.200 or 194.505 to194.595, or any other law governing notarization. [1967 c.541 §12; 1983 c.393 §12a;1989 c.976 §1]

 

(Appointmentand Commission)

 

      194.010Appointment of notary public; Certificate of Authorization; office may benonlucrative; functions not official duties; rules. (1) Uponapplication as prescribed under ORS 194.014, the Secretary of State shallappoint and commission individual persons as notaries public.

      (2)Upon appointment as a notary public, the Secretary of State shall send to theperson appointed a notarial commission and a Certificate of Authorization withwhich the person appointed shall obtain an official seal.

      (3)The notary public shall retain the commission during the term of appointment.

      (4)(a)Only upon presentation by the notary public of the Certificate of Authorizationis a vendor authorized to provide the notary with the official seal describedunder ORS 194.031.

      (b)A vendor of official seals shall make note of the receipt of a Certificate ofAuthorization by a signature of the vendor or an authorized representative ofthe vendor upon the Certificate of Authorization.

      (c)Subject to the procedures set forth under ORS 194.980, any vendor of officialseals who furnishes an official seal to any person in violation of paragraph(a) of this subsection may incur a civil penalty in an amount, established byrule of the Secretary of State, that is within the limits set forth under ORS194.980 (2)(a). Once incurred, the penalty shall be treated in all respects asa civil penalty incurred under ORS 194.980.

      (5)Each notary public may file with the Secretary of State a statement waiving thefees specified under ORS 194.164 (1); and in such case the office of notarypublic is considered nonlucrative.

      (6)The functions of a notary public are not considered official duties undersection 1, Article III of the Oregon Constitution. [Amended by 1961 c.498 §1;1967 c.541 §1; subsection (2) enacted as 1967 c.541 §8; 1975 c.161 §3; 1977c.128 §1; 1983 c.393 §13; 1985 c.487 §1; 1989 c.976 §2]

 

      194.012Term of office.The term of office of a notary public is four years commencing with theeffective date specified in the notarial commission. A notary public mayperform notarial acts during the term of the commission, or until thecommission is revoked, but may not perform notarial acts during any period whenthe commission is suspended. [1989 c.976 §6]

 

      194.014Application for appointment and commission. Every individual person, beforeentering upon the duties of a notary public, shall file with the Secretary ofState a completed application for appointment and commission as a notarypublic. Application shall be made on a form prescribed by the Secretary ofState and shall include an oath of office, the legal name and an officialsignature. Each applicant for appointment and commission as a notary publicshall swear, under penalty of perjury, that the answers to all questions on theapplication are true and complete to the best of the applicant’s knowledge, andthat the applicant is qualified to be appointed and commissioned as a notarypublic. The application process shall be ordered or arranged so thatapplications may be readily submitted by mail. [1989 c.976 §4]

 

      194.020Application fee.(1) To defray costs incurred by the Secretary of State to process theapplication made under ORS 194.014, each applicant for appointment as a notarypublic shall pay in advance to the Secretary of State a nonrefundableapplication fee not to exceed $20.

      (2)Any fee received by the Secretary of State under subsection (1) of this sectionshall be deposited in the State Treasury and credited to the Operating Accountunder ORS 56.041, and is in lieu of any fee charged under ORS 177.130. [Amendedby 1957 s.s. c.7 §1; 1967 c.541 §3; 1983 c.393 §16; 1989 c.976 §9; 1993 c.66 §10]

 

      Note: The amendmentsto 194.020 by section 17, chapter 745, Oregon Laws 2009, were referred to thepeople by referendum petition for their approval or rejection at a specialelection to be held throughout this state on January 26, 2010. See section 8,chapter 714, Oregon Laws 2009. 194.020, as amended by section 17, chapter 745,Oregon Laws 2009, is set forth for the user’s convenience.

      194.020. (1) To defraycosts incurred by the Secretary of State to process the application made underORS 194.014, each applicant for appointment as a notary public shall pay inadvance to the Secretary of State a nonrefundable application fee not to exceed$40.

      (2)Any fee received by the Secretary of State under subsection (1) of this sectionshall be deposited in the State Treasury and credited to the Operating Accountunder ORS 56.041, and is in lieu of any fee charged under ORS 177.130.

 

      194.022Qualifications; written examination; education course. (1) A personappointed and commissioned as a notary public must:

      (a)Be 18 years of age or older at the time of appointment.

      (b)Be a resident of this state at the time of appointment, or be a resident of anadjacent state and be regularly employed or carry on a trade or business withinthis state at the time of appointment.

      (c)Be able to read and write the English language at the time of appointment.

      (d)Be of good moral character.

      (e)Not have had a notary commission revoked for official misconduct during thefive-year period preceding the date of application.

      (f)Not have been convicted of a felony, or of a lesser offense incompatible withthe duties of a notary public, during the 10-year period preceding the date ofapplication.

      (g)Have satisfactorily completed a written examination prescribed by the Secretaryof State to determine the fitness of the person to exercise the functions ofthe office of notary public.

      (h)Have satisfactorily completed a three-hour notary public education course that:

      (A)Includes, but is not limited to, instruction on the laws, rules, practices andprocedures relating to notaries public; or

      (B)If the person is employed, includes, but is not limited to, instruction on thelaws, rules, practices and procedures relating to the notary public functionsto be performed by a notary public in the course of employment.

      (2)The Secretary of State shall:

      (a)Make the written examination required by subsection (1) of this section a partof the application form.

      (b)Furnish study materials relating to the written examination without charge uponrequest of the applicant. [1989 c.976 §7; 2005 c.733 §3]

 

      194.024Investigation of applicant; consent. (1) To assist in determining theidentity of an applicant for notary public, or if the applicant has beenconvicted of a felony or of a lesser offense incompatible with the duties of anotary public, upon consent of the person making application for appointment asnotary public and upon request of the Secretary of State, the Department ofState Police shall furnish to the Secretary of State any information that thedepartment may have in its possession from its central bureau of criminalidentification, including but not limited to manual or computerized informationand any information to which the department may have access, including but notlimited to the Law Enforcement Data System established in ORS 181.730. Forpurposes of receiving the information described in this subsection, theSecretary of State is a “criminal justice agency” under ORS 181.010 to 181.560and 181.715 to 181.730 and the rules adopted under ORS 181.555.

      (2)A person making application for appointment as notary public shall be deemed,upon signing or with signature upon the application filed under ORS 194.014, tohave given the consent necessary for purposes of subsection (1) of thissection. [1989 c.976 §8; 1993 c.188 §14]

 

      194.028Notary public education courses; rules. (1) The Secretary of State:

      (a)Shall offer one or more notary public education courses each calendar year.

      (b)May certify providers of notary public education courses, including employersof notaries public, to provide the courses required by this subsection if thesecretary determines that the provider offers an education program curriculumsimilar to the education program curriculum offered by the secretary.

      (c)Shall adopt rules establishing the requirements for certification as a providerof notary public education courses.

      (2)A person may satisfy the notary public education requirement under ORS 194.022by taking a course offered by the secretary or by a provider of notary publiceducation courses certified by the secretary. [2005 c.733 §2]

 

      194.030 [Amended by1961 c.498 §2; repealed by 1967 c.541 §5 (194.031 enacted in lieu of 194.030)]

 

      194.031Notarial seal; exception for notarization of certain plats; filing of sampleimprint; replacement seal; rules.