NOTARIES PUBLIC

I.    GENERALLY.

A.    DEFINITION.

A notary public is a state officer whose functions are (a) to attest and certify, by his hand and official seal, various documents, in order to give them authenticity in other jurisdictions, (b) to take acknowledgments of deeds and other conveyances and instruments, and to certifv the same, and (c) to perform other official acts. the power to do which is conferred by statutory enactment.

B.    THE OFFICE AND ITS FUNCTIONS.

The Office of notary public as it exists in the several States today is the outgrowth of various practices traceable to the Roman Empire. Merely a scribe in ancient times, the notary has been granted increasing power and more duties by successive legislative enactments in order to meet the needs of changing conditions and a growing civilization. His commission is granted upon representation of his capacity and integrity. In accepting office the notary contracts the obligation to fill it intelligently and honestly. A notary public is responsible for a number of important functions.

C.    AUTHENTICATION OF DOCUMENTS.

A notary public is empowered to authenticate transfers or conveyances of property, and other documents required by law to be authenticated. To authenticate a document means for a notary to certify under his hand and seal of office, together with a notice of the date and, in most states, the expiration date of his or her commission, such facts as the law requires to give the document operative effect.

D.    TAKING DEPOSITIONS.

A notary may take depositions under the rules and instructions of the courts when cases are pending. A deposition is the testimony of a witness taken down in writing, under oath or affirmation before a notary public, and usually subscribed by the witness, pursuant to special authority granted by a court after notice to the adverse party. It is authenticated by the notary.

E.    TAKING ACKNOWLEDGMENTS.

A notary public may take acknowledgments of various written instruments. An acknowledgment is an oral declaration or admission made by one who has executed a document, made before a notary public or other officer authorized by law to take acknowledgments, to the effect that the execution is his or her act and deed. The written certificate on the document endorsed by the officer taking the acknowledgment, certifying to the facts of the same. is sometimes referred to as "an acknowledgment," but is more property called a certificate ofacknowledgment. It is not part of the execution of a document, but only evidence of execution. The function of a certificate of acknowledgment is twofold-to authorize the document to be given in evidence without further proof of its execution, and to entitle it to be recorded. At least six essential facts must appear in a certificate of acknowledgment: (a) the designation of the officer making the certificate; (b) the name of the person making the acknowledgment, and that he or she personally appeared before the officer; (c) that there was an acknowledgment; (d) that the person who made the acknowledgment was identified as the one who executed the instrument; (e) that such identity was personally known or proved by the officer taking the acknowledgment; and (f) the day and year when the acknowledgment was made.

F.    TAKING AFFIDAVITS.

A notary public may take affidavits as to the truth of statements made in legal papers for use in proceedings before courts of civil or maritime jurisdiction. An affidavit is a voluntary statement, formally reduced to writing and sworn to or affirmed and subscribed before a notary public.

G.    ADMINISTERING OATHS.

A notary may administer oaths and affirmations as to correctness of accounts. An oath is an outward pledge, given by the person taking it, that his attestation or promise is made under an immediate sense of his responsibility to God.

H.    FORM AND MANNER OF ADMINISTERING OATHS, AFFIDAVITS, AND AFFIRMATIONS.

The customary and approved manner of administering an oath or taking an affidavit is to have the person making the same raise his hand and swear by the ever-living God. There should be at least some manifestation that the officer and the person taking the oath understand the nature of their undertaking; a mere mental process is not sufficient. In many states the form and manner of taking an oath are prescribed by law.

Any person who desires may in lieu of an oath or affidavit take and subscribe or assent to an affirmation, which is administered by the officer repeating the words, "You do solemnly, sincerely and truly declare and affirm that," etc., "and so you do affirm." It is not unusual to ask the question, "Do you swear or affirm" rather than to wait for the deponent to express his desire. A strict and solemn compliance with these forms is important. Any person who willfully and falsely swears or affirms to any material matter is guilty of perjury. The average citizen is inclined to attach only such importance and solemnity to these acts as the officer administering them shows. To perform these acts in a perfunctory manner is to deprive them of their intended value, and in some instances to encourage perjury.

II.    OREGON ADMINISTRATIVE RULES RELATING TO BECOMING AN OREGON NOTARY PUBLIC

160-100-110: (1) A notary public shall use the notary public's official seal to perform a notarial act.

(2) A notary public shall use the notary public's official seal by placing a legible imprint of the official seal on a notarial certificate.

(3) A notary public shall not place an imprint of the notary public's official seal over any signature in a document to be notarized or in a notarial certificate, nor over any writing in a notarial certificate.

(4) When a notarial certificate is on a separate piece of paper attached to the document to be notarized or when there are attachments to the document to be notarized, such as pictures, a notary public may use an additional imprint of the notary public's official seal to mark for identification the document or attachment if the imprint does not make any part of the document or attachment illegible.

(5) A notary public shall not use the notary public's official seal for any purpose other than to perform a notarial act.

(6) A notary public shall not permit any other person to use the notary public's official seal for any purpose.

(7) A notary public shall not use any other notary public's official seal or any other object in lieu of the notary public's official seal to perform a notarial act.

Use of Official Seal Embosser - ORS 194.031(6) and 194.335

160-100-130 (1): A notary public may use an official seal embosser to perform a notarial act but only in addition to the notary public's official seal...

(3) A notary public shall not place the embossment over any signature in a document to be notarized or in a notarial certificate nor over any writing in a notarial certificate ...

Filing Imprint of Official Seal with Secretary of State - ORS 194-031(4)

160-100-140: A notary public shall file the following information with the Secretary of State within ten days after the date the notary public receives the notary public's official seal and Certificate of Authorization from a vendor of official seals:

(1) An imprint of the notary public's official seal. The imprint shall be placed in the location designated for the imprint on the Certificate of Authorization;
(2) The Certificate of Authorization. The Certificate of Authorization shall be the original Certificate of Authorization issued by the Secretary of State to thenotary public. The Certificate of Authorization shall be completed by the vendor with the information required on the Certificate of Authorization.

Notarial Acts Not Required to be Recorded in Notarial journal - ORS 194.152(l) - (2) and (5)
160-100-230: A notary public may, but is not required to, record in a notarial journal any information about the following notarial acts performed or documents notarized by the notary public:

(1)  Administering an oath or affirmation;
(2)  Certifying or attesting a copy of a document;
(3)  Affidavits;
(4)  Billing statements for media advertising;
(5)  Protests of commercial paper (to be recorded as provided in ORS 194.090 and 73.5090);
(6)  Verifications upon oath or affirmation.

Termination of Commission Due to Expiration - No Application for New Commission - ORS 194.154

160-100-300 (1) A notary public whose commission was terminated because of expiration, and who has not applied for a new commission within 30 days after the date of termination shall arrange for the storage of his/her notarial records, except records of protests Of commercial paper (see OAR 160-100-350), in any form and at any location. The records or any reproduction of the records must be readable and the notary public must be able to obtain possession of such records within 15 days of receipt of a request for such records.

(2) A notary public shall file a statement with the Secretary of State within ten days after the date the notary public stored such records. The statement shall include:

(a)  The name of the notary public;

(b)  The notary public's commission number;

(c)  The notary public's commission expiration date;

(d)  The cause of termination of the notary public's commission, i.e., expiration;

(e)  The date the notary public stored such notarial records;

(f)  The street address and exact location at such address where such records are stored and any subsequent relocation of such records.

(3) A notary public shall store such records for a period of seven years after the date of commission expiration. After the seven-year period, the notary public may destroy such records.

(4) A notary public shall destroy the official seal and/or official seal embosser immediately upon expiration of the commission.

Notary Public's Responsibilities When Agreement Has Been Entered Into With Employer - ORS 194.154 and 194.335

160-100-360 A notary public who has entered into an agreement witl his/her employer relating to the employer's retention and disposal of the notary public's notarial records following termination of employment pursuant to ORS 194.152(3) shall retain a written copy of the agreement which may be examined by the Secretary of State upon request ...

Maximum Amount of Notary Fees Permitted to be Charged - ORS 194.164(l)

160-100-400 A notary public shall not charge, attempt to charge, or receive a notary fee that is more than:

(1)  $5 for taking an acknowledgment;

(2)  $5 for taking a verification upon an oath or affirmation;

(3)  $5 for certifying a copy of a document;

(4)  $5 for witnessing or attesting a signature;

(5)  $5 for protesting commercial paper, except a check drawn on an insolvent financial institution in which case the fee is $0;

(6)  $1 for administering an oath or affirmation without a signature;

(7)  $1 for taking a deposition, each page;

(8)  $1 for all other notarial acts not specified in this rule.

Filing Statement of Waiver of Notary Fees; Withdrawing Statement of Waiver - ORS 194.010(5)

160-100-420 (1) A notary public may file with the Secretary of State a statement waiving the right to charge a notary fee.

(2) If a notary public files a written statement of waiver, then the notary public shall:

(a) Not charge, attempt to charge or receive any notary fee for a notarial act performed after the date the notary public filed the statement of waiver;

(b) Not display a list of notary fees otherwise required by OAR 160-100-410.

(3) If a notary public who has filed a statement of waiver wants to charge a fee to perform a notarial act, then notary public shall file with the Secretary of State a written statement withdrawing the statement of waiver and shall comply with the requirements of OAR 160-100-400 and 160-100410.

Conviction of a Lesser Offense Incompatible With the Duties of a Notary Public - ORS 194.166, 194.335 and 194.990

160-100-510 "Conviction of a lesser offense incompatible with the duties of a notary public" as cited in ORS 194.166(4) and OAR 160-100-610(67) shall mean having been convicted in any court of the State of Oregon or any other state or federal jurisdiction of one of the crimes listed below or any comparable crime:

III.    OREGON STATUTORY FORMS.
ORS 194.575 Short forms. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by ORS 194.565 (1):

(1)  For an acknowledgment in an individual capacity:
State of:_______________________________
County of:______________________________
This instrument was acknowledged before me on: (date) by (name(s) of person(s))

____________________________________________________
(Signature of notarial officer)

(Seal, if any)
Title (and Rank)________________________________

My commission expires:__________________________

(2) For an acknowledgment in a representative capacity:
State of:_____________________________________
County of:___________________________________
This instrument was acknowledged before me on:(date) by (name(s) of person(s))as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed)
_____________________________________________
(Signature of notarial officer)
(Seal, if any)
Title (and Rank)_______________________________
My commission expires:__________________________

(3) For a verification upon oath or affirmation:
State of:__________________________________
County of:_________________________________
Signed and sworn to (or affirmed) before me on (date) by (name(s) of person(s) making statement)
______________________________________________
(Signature of notarial officer)

(Seal, if any)
Title (and Rank)________________________
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 person(s))

________________________________________________________
(Signature of notarial officer)
(Seal, if any)
Title (and Rank)__________________
My commission expires:____________

(5) For attestation of a copy of a document:

State of:_________________________________
County of:________________________________

I certify that this is a true and correct copy of a document in the possession ofDated:
________________________________________________________
(Signature of notarial officer)
(Seal, if any)
Title (and Rank)__________________
My commission expires:____________