(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

Terms Used In Oregon Statutes 194.240

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
  • Notarial officer: means a notary public or other individual authorized to perform a notarial act. See Oregon Statutes 194.215
  • Oath: A promise to tell the truth.
  • Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Oregon Statutes 194.215
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Oregon Statutes 194.215
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:

(a) By means of:

(A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS § 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or

(B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual;

(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of:

(A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS § 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or

(B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual; or

(c) Positively by examination or comparison of official government documents or records if the individual is confined in a correctional facility.

(3) A notarial officer may require an individual to provide additional information or identification credentials necessary to confirm the identity of the individual. [2013 c.219 § 6]