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June 07, 2009

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Notary FAQ's (Based on Oregon Laws & Regulations)


What is a Notary A state licensed public officer who administers oaths, certifies documents and performs other specified functions. A notary publicís signature and seal may be required to authenticate signatures on certain legal documents. Please feel free to contact us with any needs or requirement to find a notary in Oregon or to find a Notary in Albany Oregon.


Notary In History: In the old Roman Republic, notarii were public secretaries who were shorthand writers. As scribes became more and more common, they developed a service in the public marketplace to draw up legal documents and other written instruments. Wax seals were used as signatures on documents. Later, ribbons tied together multi-page documents, and wax seals on the knots showed that no one had tampered with the knots. Thus, we came to have notary seals.


Eventually, the state came to regulate and commission these scribes. Witnesses to the drafting of their documents came to be required. Notaries, still in the public marketplace, evolved into both drafters and witnesses to these writings. As notarii became essential to commerce and law, royalty found the need to commission and employ them for drawing up and countersigning documents. By the Middle Ages, notaries had to undergo formal training and examinations. Gradually, the government took over sole appointment of notaries, giving them public officer status.



What is a Notarial Act As defined in the statutes, a notarial act is any act that a notary public of Oregon is authorized to perform, including


bulletTaking An Acknowledgment
bulletAdministering an oath or affirmation
bulletExecuting a jurat or taking a verification upon oath or affirmation
bulletWitnessing or attesting a signature


What is the difference between a Jurat and an Acknowledgement?


bulletA jurat is that part of an affidavit or deposition in which the notary states that the affidavit or deposition was sworn to before the notary. A jurat can be expressed with the phrase "Subscribed and sworn to (or affirmed) before me this the ____ day of __________, 20__.®


bulletAn acknowledgment is a declaration by a person that he or she executed an instrument for the purposes stated therein. If the instrument is executed in a representative capacity, the acknowledgment is also a declaration that the instrument was signed with the proper authority and executed as the act of the entity represented and identified therein.


Can a Notary charge a fee Yes, in Oregon fees are governed under OAR 160-100-0400, please visit The Shipping Annex for a full price list.


Does a Notary need to sign and stamp a document, or is one or the other enough?  In the State of Oregon the document must be signed and stamped and meet the mandated guidelines. Also note an Embosser cannot be used in place of a Notary Stamp, only in addition to a properly notarized document.


Can an Notary offer legal or immigration advice Yes, only if the Notary is also an attorney.  The Shipping Annex notaries are not attorney's and cannot offer any legal advice or suggest legal advice.


Do I need to sign the document in front of the Notary No, it is advised that you do, however the document can be notarized post signature.  The signatory must appear in person before the Notary.


What do I need to bring as ID when having an item notarized?  Recommended is a current government or state issued ID, that shows you name, address, physical description, photograph. A Drivers license or Military ID would meet these requirements, a Passport would not.  There are other methods of ID that can be used to get a document notarized, please contact The Shipping Annex for details.


Can a Notary perform Notarial acts in a different county than the one they reside?  Yes, an Oregon Notary is licensed by the state and can notarize anywhere within the State of Oregon.


Does the notary need to read the document they are notarizing?  No, they do not need read the document, however they are required to scan the document for missing or conflicting information.


Can an Notary certify a true copy of a document? No a Notary is not authorized to certify any document, however a notary can certify a document is a true copy of the original.  Exceptions would be transcribed or translated copies.


Can a Notary act as a witness to the document?  No, unless the document states clearly that the notary can be the witness, I have so far only seen this exception one time.


Can a Notary acknowledge two signatures if only one signatory is present? No the Notary can only acknowledge the one signature.


What is the difference between a jurat and an acknowledgment?  A "jurat" is that part of an affidavit in which you, the notary, state that it was sworn to before you.


"Acknowledgment" means a declaration by a person that he or she has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that he or she signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.


How is a notaryís signature authenticated on a document for use in this country or overseas?

Authenticating a Notary Publicís signature can be done only by the Secretary of Stateís office. The document that needs the certification attached must be submitted to the Secretary of Stateís office with the request for either a "Certification" or an "Apostille".


We notarize the following documents, but not limited to only these documents: mortgage documents, purchase documents, mortgage loans, 2nd mortgages, lines of credit, adoption papers, business documents, certifications of copies of documents (leases, business documents, etc), contracts, corporate documents, prison inmate documents, easements, government forms, i-9 employment forms, immigration documents, commercial leases, letters of instruction, letters requesting birth or death certificates, medical documents, powers of attorney, stock documents, travel affidavits, trusts, vehicle title transfers, wills and testaments, and more!


What is required in Oregon to become a Notary: To be a notary public in Oregon, you must meet the following qualifications, at the time of application: (A background check is conducted on all applications for a notary public commission).


bulletBe 18 years of age or older
bulletBe a resident of the State of Oregon (You may also qualify if you are a resident of California, Idaho, Nevada, or Washington and carry on a trade or business or are regularly employed within the State of Oregon)
bulletBe able to read and write the English language
bulletBe of good moral character
bulletNot have had a notary commission revoked for official misconduct during the previous 5 years
bulletComplete a 3 hour Notary training course (not required for current Notaries with an active commission at the time the new application is received by the State of Oregon.)
bulletNot have been convicted of a felony, or of a lesser offense incompatible with the duties of a notary public, during the previous 10 years
bulletPass the Secretary of State's Notary Examination


What could cause my Notary Commission to be revoked?: Any of the below items could cause your commission to be revoked.  Once revoked you cannot reapply for a notary commission for at least five years.


bulletAny misconduct identified of the notary offenses listed in ORS 194.990
bulletCompounding a felony (ORS 162.335)
bulletCriminal impersonation (ORS 162.365)
bulletCriminal possession of a forged instrument in the 2nd degree (ORS 165.017)
bulletCriminal simulation (ORS 165.037)
bulletFalse swearing (ORS 162.075)
bulletFalsifying business records (ORS 165.080)
bulletForgery in the 2nd degree (ORS 165.007)
bulletFraudulently obtaining a signature (ORS 165.042)
bulletGiving false information to police officer for a citation (ORS 162.385)
bulletInitiating a false report (ORS 162.375)
bulletIssuing a false financial statement (ORS 165.100)
bulletMisapplication of entrusted property (ORS 165.095)
bulletMisuse of confidential information (ORS 162.425)
bulletObstructing governmental or judicial administration (ORS 162.235)
bulletObtaining execution of documents by deception (ORS 165.102)
bulletSimulating legal process (ORS 162.355)
bulletTampering with physical evidence (ORS 162.295)
bulletTampering with public records (ORS 162.305)
bulletUnsworn falsification (ORS 162.085)
bulletAny other offense of a similar nature to the above listed crimes, which is incompatible with the duties of a notary public


I wish to become a notary where can I download the Application Packet or information packet to Reapply for Notary in Oregon.

bullet http://www.filinginoregon.com/forms/pdf/notary/1501.pdf


If you wish more information on becoming a Notary visit the State of Oregon Notary website.






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