Oregon Statutes 194.350 – Prohibited acts
(1) A commission as a notary public does not authorize an individual to:
Terms Used In Oregon Statutes 194.350
- Fraud: Intentional deception resulting in injury to another.
- Notary public: means an individual commissioned to perform a notarial act by the Secretary of State. 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
- 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
(a) Assist persons in drafting legal records, give advice on legal matters or otherwise practice law;
(b) Act as an immigration consultant as defined in ORS § 9.280 or an expert on immigration matters;
(c) Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
(d) Receive compensation for performing any of the activities listed in this subsection.
(2) A notary public may not engage in false or deceptive advertising.
(3) A notary public, other than an attorney licensed to practice law, may not use the term ‘notario’ or ‘notario publico.’
(4)(a) A notary public, other than an attorney licensed to practice law, may not advertise or represent that the notary public may assist persons in drafting legal records, give advice on legal matters or otherwise practice law.
(b) If a notary public who is not an attorney licensed to practice law advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public shall include in the advertisement or representation, the following:
(A) A statement, or an alternate statement authorized or required by the Secretary of State, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.’
(B) The fees for notarial acts specified under ORS § 194.400.
(c) If the advertisement or representation is not in the form of broadcast media, print media or the Internet and does not permit inclusion of the statement required by this subsection because of size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(5) A notary public may not engage in the unauthorized practice of law.
(6) A notary public may not commit any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another or substantially injure another.
(7) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. [2013 c.219 § 24]