Oregon Statutes 194.280 – Certificate of notarial act
(1) A notarial act must be evidenced by a certificate. The certificate must:
Terms Used In Oregon Statutes 194.280
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Oregon Statutes 194.215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Notarial officer: means a notary public or other individual authorized to perform a notarial act. See Oregon Statutes 194.215
- Notary public: means an individual commissioned to perform a notarial act by the Secretary of State. See Oregon Statutes 194.215
- Official stamp: means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record. See Oregon Statutes 194.215
- Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Oregon Statutes 194.215
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Oregon Statutes 194.215
- 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
(a) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State;
(b) Identify the jurisdiction in which the notarial act is performed;
(c) Contain the title of office of the notarial officer;
(d) Contain the name of the person for whom the notarial act is performed; and
(e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission.
(2) The notarial officer may subsequently correct any information included on or omitted from the certificate.
(3) Except as provided in subsection (8) of this section, if a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be attached to or logically associated with the certificate.
(4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) to (3) of this section and:
(a) Is in a short form set forth in ORS § 194.285;
(b) Is in a form otherwise permitted by the law of this state;
(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in ORS § 194.230, 194.235 and 194.240 or law of this state other than this chapter.
(5) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in ORS § 194.225, 194.230, 194.235 and 194.240.
(6) A notarial officer may not affix or attach the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
(7) If a notarial act is performed regarding a tangible record, a certificate of a notarial act must be part of or securely affixed to the record. If a notarial act is performed regarding an electronic record, the certificate must be attached to or logically associated with the electronic record. If the Secretary of State by rule has established standards pursuant to ORS § 194.360 for affixing, attaching or logically associating the certificate, the process must conform to the standards.
(8) The imprint of the official stamp of a notary public is not required to effectuate a notarization of a subdivision or partition plat required under ORS § 92.010 to 92.192 or a condominium plat required under ORS § 100.115, or any replat, supplement or amendment thereto, if the following appear below the notary public’s signature:
(a) The printed name of the notary public;
(b) The words ‘NOTARY PUBLIC –
OREGON’;
(c) The words ‘COMMISSION NO.’ immediately followed by the notary public’s commission number; and
(d) The words ‘MY COMMISSION EXPIRES’ immediately followed by the date the notary public’s commission expires, expressed in terms of the month, by name not abbreviated, two-digit date and four-digit year. [2013 c.219 § 14]