Oregon Notary Rules: What the Law Requires

The signer must appear personally before you (ORS 194.235), except in a properly conducted remote online notarization. ORS 194.240 then lets you rely on personal knowledge from dealings that give reasonable certainty, or on satisfactory evidence. Satisfactory evidence means a U.S. or foreign passport, a driver license or ID card from Oregon or another state, or a military ID, tribal ID or other federal, state, county or local government document with the person's signature and photograph, in each case current or expired no more than three years. A credible witness identified the same way can vouch for the signer under oath, and inmates may be identified through official records. You may always ask for more.

ORS 194.245 lets you refuse if you are not satisfied that the signer is competent, is signing knowingly and voluntarily, or has proved identity. You may also refuse for other reasons unless another law forbids the refusal. The Guide cautions that turning people away without good cause can expose you and your employer to a civil claim, so refuse for reasons, not preferences. If a signer physically cannot sign, ORS 194.250 allows another person, not the notary, to sign at the signer's direction, with a notation you add.

ORS 194.300 requires one or more journals, paper or electronic, kept for ten years after the last act recorded. A paper journal must be a permanent bound book with preprinted page numbers, and OAR 160-100-0200 lists what goes inside the front cover, including your commission details, the earliest destruction date and instructions for delivering the journal if you die. Each entry, made at the time of the act, records:

Oregon makes journal entries optional for several acts: oaths and affirmations, verifications on oath, affidavits, certified copies, protests of commercial paper and verified media billing statements (ORS 194.300(11)). Grouped entries are allowed for duplicates or several documents for one person on one day. A private notary's journal is not a public record; disclose entries only to the Secretary of State or under subpoena, masking other signers' information. An employer may keep the journal when you leave only under a signed agreement (OAR 160-100-0360). Report a lost journal promptly, and the Guide asks for the Division's affidavit form within ten days.

ORS 194.280 requires a certificate signed and dated as your signature is on file, naming the jurisdiction, your title, the person served and your commission expiration, with your stamp affixed. The Division teaches six components that must all appear together on the same page: location (state and county), date of notarization, signer's name, wording for the act performed, stamp and signature. Never pre-date or post-date a certificate, and strike wording that does not apply, such as the unused choice between sworn and affirmed.

The stamp format in OAR 160-100-0100 includes the state seal on the left and, to its right, Official Stamp, your printed name, Notary Public Oregon, Commission No. with your number, and My Commission Expires with the month spelled out. Keep the stamping device secure, let no one else use it, and disable it when the commission ends (ORS 194.295). Embossers may be used only as an unofficial extra.

The cap is $10 per notarial act, or $25 for an act performed for a remotely located individual (ORS 194.400; OAR 160-100-0400). Travel fees are allowed only if you explain beforehand that the fee is extra and not set by law and the customer agrees to the amount. If you charge at all, post an English-language fee list or hand one to the customer before notarizing (OAR 160-100-0410). A notary who files a fee waiver with the Secretary of State may not charge until it is withdrawn in writing.

ORS 194.225(2) forbids notarizing a record to which you or your spouse is a party or in which either of you has a direct beneficial interest, and such an act is voidable. Other relatives are not barred by statute, though the Division advises against it. ORS 194.350 prohibits practicing law, acting as an immigration consultant, deceptive advertising, using the words notario or notario publico unless you are an attorney, and withholding a customer's original record. Advertising notarial services requires a disclaimer that you are not a lawyer and cannot give legal or immigration advice, plus your fees. Choosing which certificate a customer needs counts as legal advice, and the Division's rules treat endorsing a product with your notary title as misconduct carrying a $500 penalty for a first offense (OAR 160-100-0610).

Remote online notarization is allowed under ORS 194.277 while you are physically in Oregon; the signer may be elsewhere, including abroad for records tied to U.S. matters. Before starting you complete the state's RON training, choose a vendor meeting OAR 160-100-0805 and 0855, and have the Division approve a notice form. Every session is recorded, identity is proved by personal knowledge, a credible witness or two types of identity proofing, and the certificate must say communication technology was used. In-person electronic notarization is a separate notice process under ORS 194.305, and the RON notice has to be filed again after each new commission.

The Secretary of State may issue an Official Warning to Cease Violation instead of a fine (ORS 194.985), impose civil penalties up to $1,500 per violation (ORS 194.980), or deny, suspend, condition or revoke a commission (ORS 194.340). The Division's FAQ says repeated advice letters lead to mandatory retraining or suspension. Knowingly violating the chapter is a Class B misdemeanor under ORS 194.990, which also covers anyone who pressures a notary into a violation.