justicedao/ipfs_state_laws huggingface dataset:
160-100-0030 Signature of Notary Public (1) Whenever ORS 194 and OAR 160-100-0000 to 160-100-1150 require or permit a notary public to sign his or her name, the notary public shall use the signature that is evidenced on the notary public’s current oath of office, or, for electronic records, the electronic signature on file with the Secretary of State. (2) For the purposes of this chapter, the legal signature on the notary public’s oath of office must be proven with satisfactory evidence per ORS 194.240(2). Statutory/Other Authority: ORS 194.240 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 5-2008, f. 9-15-08 cert. ef. 10-15-08 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0030 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0040 Administrative Services Fees The Secretary of State shall charge the following fees for performing the administrative services indicated: (1) $10 for each apostille or authentication certificate for a public official, including a notary public. (2) $10 for each notary public certificate of good standing. (3) $10 for each notarial act performed by a Corporation Division notary public. (4) $50 for each list of new notaries public. (5) $50 for each standard list of all active notaries public. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 6-2010, f. 4-27-10, cert. ef. 5-3-10 CORP 7-2009, f. 12-22-09, cert. ef. 1-1-10 CORP 1-1994, f. 12-30-94, cert. ef. 1-1-95 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0040 Reverted to SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90 Suspended by SOS-AD 2-1992(Temp), f. & cert. ef. 2-14-92 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0100 Description of Imprint of Official Stamp (1) The reasonably legible imprint of an official stamp of a notary public shall contain: (a) The state seal, as described in ORS 186.020; (b) The following words, in descending order, centered in the official stamp to the right of the state seal: (A) The words "Official Stamp"; (B) The printed name of the notary public; (C) The words "Notary Public — Oregon"; (D) The words "Commission No." immediately followed by the notary public’s commission number; (E) The words "My Commission Expires", immediately followed by the notary public's commission expiration date, expressed in terms of the month (spelled-out), two-digit date, and complete year. (2) The imprint of an official stamp of a notary public on a tangible record shall be an imprint capable of being photocopied or reproduced. (3) The official stamp of a notary public on an electronic record shall contain: (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; (d) The words "My Commission Expires", immediately followed by the notary public's commission expiration date, expressed in terms of the month (spelled-out), two-digit date, and complete year. EXAMPLES: [Examples not included. See ED. NOTE.] [ED. NOTE: Examples referenced are available from the agency.] Statutory/Other Authority: ORS 194.290 Statutes/Other Implemented: ORS 194.290 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 10-2010, f. 8-30-10, cert. ef. 9-1-10 CORP 8-2010(Temp), f. 6-11-10, cert. ef. 7-1-10 thru 12-28-10 CORP 2-2010, f. 1-22-10 cert. ef. 2-3-10 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0100 Renumbered from 165-027-0010, SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90 SD 7-1978, f. & ef. 8-10-78
160-100-0110 Use of Official Stamp (1) A notary public shall use the notary public's official stamp to perform a notarial act. (2) A notary public shall use the notary public's official stamp (a) For a tangible record, by placing a legible imprint of the official stamp on a notarial certificate at the time of the performance of the notarial act. (b) For an electronic record, by attaching or logically associating it with the electronic record. (3) A notary public shall not place an imprint of the notary public's official stamp over any signature in a record to be notarized or in a notarial certificate, or over any writing in a notarial certificate. (4) When a notarial certificate is on a separate piece of paper attached to the tangible record to be notarized, or when there are attachments to the tangible record to be notarized, a notary public may use one additional imprint of the notary public's official stamp to mark for identification the tangible record or attachment, if the imprint does not make any part of the record or attachment illegible. The additional stamp will be partially stamped on the notarial certificate, and partially on the record or attachment to the notarized record. (5) A notary public shall not use the notary public's official stamp for any purpose other than to perform a notarial act. (6) A notary public shall not permit any other person to use the notary public's official stamp for any purpose. (7) A notary public shall not use any other notary public's official stamp or any other object in lieu of the notary public's official stamp to perform a notarial act. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.280 & 194.360 History: CORP 1-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 10-2010, f. 8-30-10, cert. ef. 9-1-10 CORP 8-2010(Temp), f. 6-11-10, cert. ef. 7-1-10 thru 12-28-10 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0110 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0120 Description of Official Stamping Device (1) Stamping device, as used in ORS 194.215(17) and 194.295, does not include an ink-less embosser or crimper. (2) A stamping device must be capable of affixing or logically associating the official stamp such that the record to which the official stamp is so affixed or associated may be copied, filmed, scanned, or otherwise legibly reproduced. Statutory/Other Authority: ORS 194.290-295 Statutes/Other Implemented: ORS 194.290-295 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 10-2010, f. 8-30-10, cert. ef. 9-1-10 CORP 8-2010(Temp), f. 6-11-10, cert. ef. 7-1-10 thru 12-28-10 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0120 Renumbered from 165-027-0005, SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90 SD 7-1978, f. & ef. 8-10-78
160-100-0125 Certificate of Authorization (1) Upon appointment as a notary public, the Secretary of State shall send to the person appointed a notarial commission certificate and a Certificate of Authorization with which the person appointed shall obtain an official stamp. (2) Only upon presentation by the notary public of the Certificate of Authorization is a vendor authorized to provide the notary with the official stamp described in OAR 160-100-0120 or an electronic stamp described in OAR 160-100-0140 and OAR 160-100-0146. (3) Subject to the procedures set forth under ORS 194.980, any vendor of official stamps who furnishes an official stamp to any person in violation of section (2) of this rule may incur a civil penalty in the amount of $500 per offense. Statutory/Other Authority: ORS 194.360 & ORS 194.980 Statutes/Other Implemented: ORS 194.360 History: CORP 3-2021, minor correction filed 11/02/2021, effective 11/02/2021 CORP 1-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13
160-100-0130 Use of an Embosser (1) A notary public may use an embosser in the performance of a notarial act but only in addition to the notary public's official stamp. (2) A notary public shall not place the embossment over any signature in a record to be notarized, or in a notarial certificate or over any writing in a notarial certificate. (3) When a notarial certificate is on a separate piece of paper attached to the record to be notarized or when there are attachments to the record to be notarized, such as pictures, a notary public may use an embossment to mark for identification the record or attachment, if the embossment does not make any part of the record or attachment illegible. (4) A notary public shall not use any other notary public’s embosser or any other object in lieu of the notary public’s official stamp to perform a notarial act. Statutory/Other Authority: ORS 194.290 & 194.360 Statutes/Other Implemented: ORS 194.290 & 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0130 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0140 Notification of Secretary of State of the Use of Electronic Notarization (1) A notary public who wishes to perform notarial acts with respect to electronic records shall file the following information using the prescribed form with the Secretary of State before such notarization: (a) Commission name; (b) Commission number; (c) Public records address; (d) Email address; (e) Name of electronic notarization technology vendor; (f) Contact information for electronic notarization vendor; (g) Website for electronic notarization vendor; (h) A statement under penalty of perjury that the method of electronic notarization meets the July 13, 2011, National Electronic Notarization Standards adopted by the National Association of Secretaries of State. For the purposes of this statement, the notary may rely on an electronic notarization vendor’s declaration that the technology does meet these standards; and (i) An exemplar of a notarized record that includes the notary’s official stamp, the electronic notarial signature, and the electronic notarial certificate. The exemplar shall be a generic sample and not an actual notarized private record. (2) The example provided in section (1) of this rule must be an electronic file submitted in a PDF format. (3) In addition to any other technologies used in attaching the electronic notarial signature, the signature must include a graphic reproduction of the notary’s handwritten signature on file with the Secretary of State. (4) In addition to any other technologies and information the notary’s official stamp, as evidenced by an official Certificate of Authorization issued by the Secretary of State, shall be logically associated with the notarial certificate and underlying record. (5) The notice under this rule shall be emailed to the Secretary of State using the form provided to the notary public. (6) Once information is received and approved by the Secretary of State, a confirmation will be sent to the notary to verify approval. Statutory/Other Authority: ORS 194.305 & ORS 194.360 Statutes/Other Implemented: ORS 194.305 & HB 4212 (2020) History: CORP 1-2021, amend filed 02/18/2021, effective 02/18/2021 CORP 1-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0140 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0146 Notification of Secretary of State of the Use of Remote Online Notarization A commissioned Notary Public may apply to the Secretary of State to perform remote online notarizations using communication technology after completing the required Remote Online Notarization training and receiving acknowledgment from the Secretary of State. (1) A notary public who wishes to perform notarial acts with respect to remote online notarization shall file the following information using the prescribed form with the Secretary of State before such notarization: (a) Commission name; (b) Commission number; (c) Public records address; (d) Email address; (e) Name of remote online notarization vendor(s); (f) Contact information for remote online notarization vendor(s); (g) Website for remote online notarization vendor(s); (h) Attached copy of electronic stamp and signature as generated by the remote online notarization vendor; and (i) A statement under penalty of perjury that the technology and method of remote online notarization meets the system requirements in this chapter. For the purposes of this statement, the notary may rely on a remote online notarization vendor’s declaration that the technology and method does meet these standards. (2) Once information is received and approved by the Secretary of State, a confirmation will be sent to the notary to verify approval. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: HB 4212 (2020) History: CORP 1-2021, adopt filed 02/18/2021, effective 02/18/2021
160-100-0150 Certificate of Authorization (1) A Certificate of Authorization to obtain a stamp will be emailed to the notary in PDF form upon the acceptance of the notary’s Oath of Office by the Secretary of State. (a) In order to obtain a stamp for tangible and electronic records, the Certificate of Authorization shall be submitted by the notary to the stamp vendor, so that the vendor will know: (A) The notary is commissioned by the State of Oregon (B) The requirements of the stamp, and (C) The commission information required to be on the stamp. (b) Except as provided in (1)(a), the notary public shall be required to keep the Certificate of Authorization secure from access by non-authorized persons. (2) A notary public whose Certificate of Authorization to Obtain a Stamp is lost, misplaced, destroyed or otherwise unavailable may file with the Secretary of State a written request, under oath or affirmation, for a replacement Certificate of Authorization. (3) The request shall set forth: (a) A statement of whether the Certificate of Authorization is lost, misplaced, destroyed or in some other manner made unavailable; (b) An explanation of how the Certificate of Authorization became unavailable; (c) The date the notary public discovered that the Certificate of Authorization was unavailable; (d) If lost or misplaced, a statement that the notary public does not possess the Certificate of Authorization and does not know who possesses it or where it is located; (e) A request that the Secretary of State issue a new Certificate of Authorization to the notary public. (4) The Secretary of State shall issue a replacement Certificate of Authorization to the notary public. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0150 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0160 Notification of Secretary of State That Stamping Device is Unavailable (1) A notary public whose stamping device is lost, misplaced or stolen shall personally deliver or mail to the Secretary of State a written statement, under oath or affirmation, within ten days after the date the notary public discovers that the stamping device was lost, misplaced, stolen or is otherwise unavailable. (2) The statement shall include: (a) A statement of whether the stamping device is lost, misplaced, stolen or is otherwise unavailable; (b) The date the notary public discovered that the official stamping device was unworkable; (c) A statement that the notary public does not possess the stamping device and does not know who possesses it or where it is located; (d) A statement that if the notary public subsequently reacquires possession of the lost, misplaced or stolen stamping device, then the notary public shall file a statement with the Secretary of State within ten days after the date the notary public reacquires possession of the lost, misplaced, or stolen stamping device; (e) A request that the Secretary of State issue a replacement Certificate of Authorization to the notary public. (3) If a notary public subsequently reacquires possession of a lost, misplaced, or stolen stamping device, then the notary public shall file with the Secretary of State a written statement of explanation within ten days after the date the notary public reacquires possession of the lost, misplaced or stolen stamping device. Statutory/Other Authority: ORS 194.295 & 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0160 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0170 Notification of Secretary of State of Change in Information (1) A notary public must notify the Secretary of State within 30 days of any change in the information on file with the Secretary of State, including the notary’s: (a) Legal Name (b) Official Signature (c) Public Records Address (d) Electronic notarization technology, in accordance with OAR 160-100-0140. (e) State of residency (f) Place of employment or practice in Oregon, if not a resident. (2) When a notary public changes the Legal Name on file with the Secretary of State, a notarized statement evidencing the name change must be submitted, using the form prescribed by the Secretary of State. (3) When a notary public changes the Legal Signature on file with the Secretary of State, a notarized statement evidencing the signature change must be submitted, using the form prescribed by the Secretary of State. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2020, minor correction filed 07/20/2020, effective 07/20/2020 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2005, f. & cert. ef. 11-1-05
160-100-0200 Form and Content of Notarial Journal A paper notarial journal of a notary public may be in any form that meets the physical requirements set out in this rule and the entry requirements set out in section 18(3), chapter 219, Oregon Laws 2013: (1) The cover and pages inside the cover shall be bound together by any binding method that is designed to prevent the insertion or removal of the cover or a page; (2) Each page shall be consecutively numbered from the beginning to the end of the journal. If a journal provides two pages on which to record the required information about the same notarial act, then both pages may be numbered with the same number or each page may be numbered with a different number. A page number shall be preprinted; (3) Each line(or entry if the journal is designed with numbered entry blocks) shall be consecutively numbered from the beginning to the end of the page. If a line extends across two pages, the line shall be numbered with the same number on both pages. A line or entry number shall be preprinted; (4) A notarial journal of a notary public shall contain on the inside of the front cover or on the first page the following information in any order: (a) The name of the notary public; (b) The notary public's commission number; (c) The notary public's commission expiration date; (d) The notary public's residence or business street or mailing address; (e) The earliest date the journal may be destroyed, which shall be ten years after the date of the last act chronicled in the journal; (f) One of the following statements: (A) That, in the event of the decease of this notary public, the journal shall be delivered or mailed to the Secretary of State; or (B) That, in the event the notary public has entered into a written agreement with his/her employer pursuant to OAR 160-100-0360, the date such written agreement was entered into, the name and address of the employer and instructions that the journal shall be delivered or mailed to the employer in the event of the decease of the notary public. (g) The meaning of any not commonly abbreviated word or symbol used in recording a notarial act in the notarial journal; (h) The signature of the notary public; (i) At the respective time of entry, the dates of the first and last notarial acts recorded in the notarial journal. EXAMPLE: First entry on July 6, 2009, last entry on January 7, 2013. (5) If a notary public's name, commission number, commission expiration date, or address that is written in the notarial journal changes before the notary public ceases to use the notarial journal, the notary public shall draw a single line through the old information and write the new information to the side of the old information. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 2-2007, f. 12-14-07 cert. ef. 1-15-08 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0200 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0210 Form and Content of an Electronic Notarial Journal (1) A notary may record an electronic notarization in a paper notarial journal, an electronic notarial journal, or both. (2) In an electronic notarial journal, the signature of the signer must be: (a) Attached to or logically associated with the electronic notarial journal. (b) Linked to the data in such a manner that any subsequent alterations to the electronic notarial journal entry are detectable and may invalidate the electronic notarial journal entry. (3) Entries from the notarial journal must be available upon demand by the Secretary of State in a PDF format. (4) If submission of the notarial journal is required under these rules, the electronic notarial journal must be submitted in a single PDF file. (5) Actions completed as part of a remote online notarization act must be recorded in an electronic notary journal, which may be provided by the remote online notarization vendor. (6) Each entry in any electronic journal shall meet the requirements under ORS 194.300. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 & HB 4212 (2020) History: CORP 1-2021, amend filed 02/18/2021, effective 02/18/2021 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2008, f. 4-15-08, cert. ef. 5-1-08 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0210 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0215 Storage of Electronic Notarial Journal (1) The records of a notary public shall remain within the exclusive control of the notary public at all times.The notary must ensure that records of remote online notarizations are retained in compliance with ORS 194.300. (2) Records of a remote online notarization shall be maintained electronically in devices that are capable of recording the information required by OAR 160-100-0210 and OAR 160-100-0850. (3) A remote online notary public may contract with a remote online notarization vendor to provide such storage if the remote online notarization vendor: (a) has provided reasonable evidence to the remote online notary public that it is capable of providing such services; and (b) provides complete access to the remote online notary public of all the remote online notary's records for an agreed period of time.If the contract between the remote online notary public and the remote online notarization vendor is terminated, all records must be transferred to the remote online notary public. Statutory/Other Authority: ORS 194.360 & ORS 194.300 Statutes/Other Implemented: HB 4212 (2020) History: CORP 1-2021, adopt filed 02/18/2021, effective 02/18/2021
160-100-0220 Notification of Secretary of State of Lost or Stolen Journal (1) A notary public whose notarial journal is lost, misplaced, destroyed or otherwise unusable may file a written notice, under oath or affirmation, with the Secretary of State. (2) The notice shall set forth: (a) A statement of whether the notarial journal is lost, misplaced, destroyed or in some other manner made unusable; (b) An explanation of how the notarial journal became unusable. (c) The date the notary public discovered that the notarial journal was unusable. (d) A statement that the notary public does not possess the notarial journal and does not know who possesses it or where it is located. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0220 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90