OR Notary key terms

A formal act Oregon law lets a notary public perform, such as taking an acknowledgment, administering an oath, witnessing a signature, or certifying a copy. The notary certifies the act performed, not the truth or legal effect of the document.

A notarial act in which the signer personally appears before the notary and states that the signature on the record is genuine and was made voluntarily for the record's stated purpose. The notary identifies the signer but does not administer an oath.

A notarial act in which the notary administers an oath or affirmation and the signer swears or affirms that the contents of the record are true. The certificate states that the oath was given and must be completed in the signer's presence.

A spoken promise made before a notary to tell the truth or to carry out a duty, made with awareness of the legal consequences of a false statement. An affirmation is the same promise made without swearing to a deity.

A notarial act in which the notary watches the signer sign the record and then certifies that the signature was made in the notary's presence. The notary does not swear the signer or vouch for what the document says.

A notarial act in which the notary compares a copy against an original record in the notary's possession and certifies that the copy is a true, exact, and complete reproduction of that original.

The rule that the signer must be in the notary's physical presence, or present through an approved live audio-video link for remote notarization, before any notarial act occurs. Presence by phone call, email, or recorded video never satisfies the rule.

A circumstance that bars a notary from acting, such as notarizing the notary's own signature, being a party to the record, or holding a direct beneficial interest in the transaction the record describes.

Advising a signer about the legal effect of a document, the signer's rights, or which document to use. A notary may explain notarial acts and point out blank or missing information, but must not give legal advice.

A certificate issued by the Secretary of State confirming that a notary's signature and stamp are genuine, so a notarized Oregon document can be accepted in another country or jurisdiction.

The Oregon official who appoints and commissions notaries, approves stamps and remote notarization technology, investigates complaints, enforces notary law, and authenticates notarized documents for use abroad.

The grant of authority from the Secretary of State that allows a named person to perform notarial acts in Oregon. A commission lasts four years, belongs only to that person, and cannot be transferred or shared.

An Oregon applicant must be at least 18 years old, be a legal resident of Oregon or a qualifying resident of an adjacent state with an Oregon place of employment, and be able to read and write English.

The paperwork and payment a person submits to the Secretary of State to request a notary commission. The commission is issued only after the application, fee, and any required bond are accepted.

A bond filed with the Secretary of State as a condition of holding a commission. It exists to reimburse members of the public harmed by a notary's misconduct; it does not protect the notary or cap the notary's personal liability.

The unique identifier the Secretary of State assigns to each notary. It appears on the official stamp and in journal entries so a notarial act can be traced back to one specific commissioned person.

The date on which the notary's authority ends unless the commission is renewed in time. Oregon commissions run four years, and the expiration date must appear on the notary's official stamp.

The ongoing steps a notary takes to stay in good standing: renewing before the expiration date, reporting a change of name or address, and replacing a lost, stolen, or damaged stamp as the Secretary of State requires.

Consequences the Secretary of State may impose on a notary for fraud, failing to keep required records, or acting beyond notarial authority. Penalties can include losing the commission and paying money damages, plus possible criminal charges.

The written statement, signed and dated by the notary, that identifies the notarial act performed and appears on or attaches to the record. It is the evidence of what the notary actually did and when.

The caption in a notarial certificate naming the state and county where the notary performed the act, usually written as 'State of Oregon, County of ____.' It shows the act was done within the notary's authority.

Certificate wording set out in Oregon statute that a notary may use for common acts such as an acknowledgment or jurat. Using the statutory form is optional, but the certificate must still contain every fact the law requires.

The identification standard a notary must meet before acting: personal knowledge of the signer, a current government-issued photo identification bearing a signature, or a credible witness who knows the signer.

A person who personally knows the signer and appears before the notary to vouch for the signer's identity, either because the notary personally knows the witness or after the witness is identified on oath.

The notary's own handwritten signature, or approved electronic signature, placed on the certificate using the name that matches the commission and the stamp. A notary must never sign a blank or incomplete certificate.

Declining a requested notarial act when identity is not proven, the signer appears unwilling, confused, or under pressure, or the request would require unlawful action. A notary is never obligated to perform an act.

The inked stamp Oregon requires a notary to use on notarized records. It shows the notary's name, wording identifying the bearer as an Oregon notary public, the commission number, and the commission expiration date, and must reproduce clearly.

The permanent, chronological record in which a notary logs every notarial act performed. Oregon requires notaries to keep a journal, in tangible or electronic form, and to protect it from loss and unauthorized access.

The record of one notarial act, generally noting the date, the signer's name and address, the type of act, the identification relied on, and any signature, thumbprint, or note the law requires for that act.

The duty to safeguard the journal for the retention period Oregon sets after a commission ends, commonly ten years, to keep it available to the Secretary of State and to avoid altering, discarding, or casually sharing its entries.

Performing a notarial act on an electronic record using an electronic signature and electronic stamp, after registering that capability with the Secretary of State and using technology that meets Oregon's requirements.

The digital counterparts of the notary's handwriting and rubber stamp, applied to an electronic record and attached so that any later change to the document can be detected.

A notarial act performed for a signer who is not physically beside the notary, conducted over an approved live audio-video system with identity proofing and a recording of the session, and available only to notaries registered for electronic notarization.

The remote notarization step of confirming the signer is who the signer claims to be, typically through knowledge-based authentication questions, analysis of a government-issued identification credential, or another method the Secretary of State approves.

The audio-video recording of a remote notarization that must be kept by the notary or an approved repository for the required retention period and produced to the Secretary of State on request.

A third-party system the Secretary of State has approved for remote notarization, supplying identity proofing, live audio-video connection, tamper-evident recording, and storage of the electronic record and journal.