OR Notary cheat sheet

A notarial act is a statutorily authorized act - acknowledgment, jurat, oath or affirmation, signature witnessing, copy certification where permitted - performed by a commissioned notary.

A notary's authority derives from the commission and the statute; acts performed before the commission start date or after its expiration date are ineffective.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged voluntarily executing the record.

A jurat certifies that the signer personally appeared, signed in the notary's presence, and took an oath or affirmation.

Personal appearance of the signer before the notary is required for every in-person act; a signature alone, without appearance, cannot be notarized.

A notary may not perform a notarial act on a record in which the notary is a party or holds a direct beneficial interest, and may not notarize the notary's own signature.

A notary may not give legal advice, explain legal effect, choose a certificate to accomplish a legal objective, or draft documents for others.

If the signer appears coerced, incapacitated, unaware of the transaction, or unable to be identified, the notary must decline the act.

A notary is not required to verify the truth or accuracy of the record's contents; the notary attests only to identity, willingness, and proper execution.

An Oregon notary commission lasts four years and expires on the date printed on the commission certificate and on the official stamp.

The Secretary of State is the commissioning authority: it issues, renews, suspends, and revokes commissions and assigns each notary a commission number.

Minimum qualifications include being at least 18 years old and being able to read and write English.

Residency requirement: the applicant must reside in Oregon or in an adjacent state while maintaining a place of employment or practice in Oregon.

An application is filed with the Secretary of State, and the person may not perform notarial acts until the commission has been issued.

Renewal must be completed before the expiration date; after expiration the person must be recommissioned before performing any further notarial acts.

A notary must report a change of legal name or address to the Secretary of State within the period set by rule; the stamp must reflect the current commissioned name.

A commission is personal and non-transferable; it terminates by expiration, resignation, revocation, or death.

Grounds for discipline include issuing a false certificate, notarizing without personal appearance, failing to keep the required journal, and misuse of the official stamp.

Every notarial act must be evidenced by a certificate completed at the time of the act; a record with a signature but no valid certificate is not notarized.

The certificate contains a venue naming the state and county where the act was performed, for example 'State of Oregon, County of Multnomah.'

Short-form acknowledgment wording states that the named person personally appeared on the stated date and acknowledged executing the record.

Jurat wording states that the record was subscribed and sworn to (or affirmed) before the notary on the stated date by the named signer.

Certificates must be in substantially the form prescribed by statute; if a record lacks a proper certificate, the notary attaches a separate (loose) certificate correctly describing the act performed.

The notary signs the exact name shown on the commission and applies the official stamp; signature and stamp together authenticate the act.

The notary does not certify the signer's competence, truthfulness, or the legality of the record.

A notary may decline any notarial act, including when the signer cannot be satisfactorily identified or appears unwilling or coerced.

A preprinted certificate that misdescribes the act performed must not be relied on; the certificate must accurately reflect the act actually performed.

Each journal entry records the date and time, type of notarial act, description and date of the record, name and address of the signer, how identity was verified, the fee charged, and the signer's signature.

The journal must be retained for 10 years after the last entry, stored securely, and made available for inspection by the Secretary of State.

The journal is the notary's property but is subject to subpoena; on death or resignation it must be delivered as the Secretary of State directs.

The Oregon official stamp is a rectangular ink stamp showing the notary's name, 'Notary Public - State of Oregon,' the commission number, and the commission expiration date.

The stamp must be legible and reproducible in copies and recordings; it must remain in the notary's custody and control.

A lost, stolen, or misused stamp must be reported to the Secretary of State.

Identity verification must be recorded for every entry - personal knowledge, a government-issued identification document, or a credible witness.

Journal entries must be completed at or before the time of the act; pre-signed, backdated, or incomplete entries are prohibited.

An electronic notarial act is a notarial act performed on an electronic record; the notary must hold the authorization required by the Secretary of State before performing electronic notarial acts.

Remote online notarization uses real-time audio-video communication; the signer is not physically present but must appear live before the notary.

Remote identity proofing combines credential analysis of a government-issued ID with knowledge-based authentication or a live remote presentation of the ID; personal knowledge may also suffice.

Each remote session must be recorded, and the recording retained for at least 10 years with the electronic journal.

The electronic journal must be tamper-evident, backed up, and producible for inspection on request.

The electronic certificate must state that the act was performed using communication technology and must carry the notary's electronic signature and electronic stamp.

The notary must be physically located in Oregon when performing the remote notarial act; the signer may be located elsewhere.

The electronic stamp must be attached to or logically associated with the electronic record so that any later alteration is detectable.