(1) An individual qualified under subsection (2) of this section may apply to the Secretary of State for a commission as a notary public. The applicant shall comply with and provide the information required under rules adopted by the secretary and pay the application fee described in ORS § 194.365.

(2) An applicant for a commission as a notary public must:

(a) Be at least 18 years of age;

(b) Be a resident of this state or have a place of employment or practice in this state;

(c) Be able to read and write English;

(d) Not have been convicted of a felony or any crime involving fraud, dishonesty or deceit during the 10-year period preceding the date of application;

(e) Not have been convicted of:

(A) Acting as or otherwise impersonating a notary public as described in ORS § 194.990 (1)(b);

(B) Obstructing governmental or judicial administration under ORS § 162.235 (1)(b); or

(C) Engaging in the unlawful practice of law as described in ORS § 9.160;

(f) Not have been found by a court to have:

(A) Practiced law without a license in a suit under ORS § 9.166; or

(B) Engaged in an unlawful trade practice described in ORS § 646.608 (1)(vvv);

(g) Not have entered into an assurance of voluntary compliance, pursuant to ORS § 646.632, based on an alleged violation of ORS § 646.608 (1)(vvv);

(h) Not have had a commission as a notary public revoked during the 10-year period preceding the date of application;

(i) Not be disqualified under ORS § 194.340 to receive a commission;

(j) Complete the course of study described in ORS § 194.325; and

(k) Have passed the examination required under ORS § 194.325.

(3) Before the Secretary of State may issue a commission as a notary public, the applicant shall execute an oath of office and submit it to the secretary.

(4) Upon the applicant’s compliance with this section, the Secretary of State shall issue a commission as a notary public to the applicant for a term of four years.

(5) A commission as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees of this state.

(6) Each notary public may file with the Secretary of State a statement waiving the fees specified under ORS § 194.400. If a notary public files the statement waiving the fees, the office of that notary public is not considered a lucrative office.

(7) The functions of a notary public are not considered official duties under Article III, section 1, of the Oregon Constitution.

(8) A commission as a notary public is not considered a commission under Article V, section 18, of the Oregon Constitution. [2013 c.219 § 20; 2016 c.47 § 3]

The amendments to 194.315 by section 7, chapter 410, Oregon Laws 2023, become operative January 1, 2025. See section 9, chapter 410, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

(1) An individual qualified under subsection (2) of this section may apply to the Secretary of State for a commission as a notary public. The applicant shall comply with and provide the information required under rules adopted by the secretary and pay the application fee described in ORS § 194.365.

(2) An applicant for a commission as a notary public must:

(a) Be at least 18 years of age;

(b) Be a resident of this state or have a place of employment or practice in this state;

(c) Be able to read and write English;

(d) Not have been convicted of a felony or any crime involving fraud, dishonesty or deceit during the 10-year period preceding the date of application;

(e) Not have been convicted of:

(A) Acting as or otherwise impersonating a notary public as described in ORS § 194.990 (1)(b);

(B) Obstructing governmental or judicial administration under ORS § 162.235 (1)(b); or

(C) Engaging in the unlawful practice of law as described in ORS § 9.160;

(f) Not have been found by a court to have:

(A) Practiced law without a license in a suit under ORS § 9.166; or

(B) Engaged in an unlawful trade practice described in ORS § 646.608 (1)(uuu);

(g) Not have entered into an assurance of voluntary compliance, pursuant to ORS § 646.632, based on an alleged violation of ORS § 646.608 (1)(uuu);

(h) Not have had a commission as a notary public revoked during the 10-year period preceding the date of application;

(i) Not be disqualified under ORS § 194.340 to receive a commission;

(j) Complete the course of study described in ORS § 194.325; and

(k) Have passed the examination required under ORS § 194.325.

(3) Before the Secretary of State may issue a commission as a notary public, the applicant shall execute an oath of office and submit it to the secretary.

(4) Upon the applicant’s compliance with this section, the Secretary of State shall issue a commission as a notary public to the applicant for a term of four years.

(5) A commission as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees of this state.

(6) Each notary public may file with the Secretary of State a statement waiving the fees specified under ORS § 194.400. If a notary public files the statement waiving the fees, the office of that notary public is not considered a lucrative office.

(7) The functions of a notary public are not considered official duties under Article III, section 1, of the Oregon Constitution.

(8) A commission as a notary public is not considered a commission under Article V, section 18, of the Oregon Constitution.

[Amended by 1981 c.11 § 5; repealed by 1989 c.976 § 37]