reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0190 - Definitions and Abbreviations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Where terms used in this rule are not explicitly or completely defined in ORS
			 80.100 or herein, definitions
			 and usage of terms from the references are applicable.
(2) "EFS": An effective financing statement
			 relating to farm products.
(3)
			 "Debtor": For purposes of this rule, the term "debtor" shall mean any person
			 subjecting farm products to security interests, even if such person does not
			 owe a debt to the secured party but is subjecting farm products to a security
			 interest for the debt of another.
Stat. Auth.: ORS
				  79.6020 -
				  79.7010
Stats. Implemented: ORS
				  79.6030
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0200 - EFS Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An EFS must
			 be filed on a form prescribed and approved by the Secretary of State. The form
			 shall be designated "EFS-1."
(2)
			 The information on the Form EFS-1 should meet the following requirements:
(a) Name, address and telephone number of the
			 secured party:
(A) The name and address of
			 the secured party are required;
(B)
			 The secured party name or names must be entered completely and
			 precisely;
(C) The name of an
			 individual must be entered in order of last name (surname), first name, and, if
			 any, middle initial or name;
(D)
			 Assumed business names and business entity names must appear beginning with
			 first word or character that is not an article or punctuation mark;
(E) The address of the secured party must be
			 the address where information pertaining to the security interest maybe
			 obtained;
(F) The telephone number
			 of the secured party is requested.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0210 - Amendment, Continuation, Assignment and Lapse of EFS

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An EFS may be amended, assigned,
			 continued or lapsed by the secured party of record. An amendment, assignment,
			 continuation or lapse must be filed on a form prescribed and approved by the
			 Secretary of State. The form shall be designated "Form EFS-3."
(2) The EFS-3 must include the document
			 number assigned by the Secretary of State to the original effective financing
			 statement.
(3) The EFS-3 shall
			 include the full and current information for the filing for all the elements
			 listed in 160-050-0200(2).
(4)
			 After January 1, 2012, the amendment of an EFS supersedes the current
			 registration of the effective financing statement, but does not serve as a
			 continuation of the registration, unless its effectiveness is extended as
			 provided in 160-050-0210(8).
(5) A
			 Secured Party must sign, authorize or otherwise authenticate an EFS-3 that
			 declares the lapse of an EFS.
(6)
			 Unless the Debtor has executed a security agreement granting a security
			 interest in the farm products to the secured party, the Debtor must sign,
			 authorize or otherwise authenticate the EFS-3.
(7) For the purposes of uniformity, "lapse"
			 will be considered synonymous with "termination" under ORS
			 79.0513 and this chapter. The
			 EFS-3 form may refer to a "termination," instead of a "lapse."
(8) The EFS remains effective for a period of
			 five years from the date of filing. Its effectiveness may be extended by an
			 additional five years by filing a continuation statement within six months
			 before the expiration of the current five-year period.
(9) Under the conditions described in ORS
			 80.115(4), if
			 there is no outstanding secured obligation and no commitment to make advances,
			 incur obligations or otherwise give value under the security interest, the
			 secured party should file a statement of termination or lapse.
(10) Upon the expiration of the effective
			 period of an EFS, the EFS lapses, unless effectively extended pursuant to ORS
			 80.115 and OAR
			 160-050-0210.
Stat. Auth.: ORS
				  80.106 & 80.11
Stats. Implemented: ORS
				  80.115
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0215 - Filing fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fee for
			 filing a Form EFS-1 is $15 for the first debtor name. Additional debtors may be
			 added at no charge. The filing fee is required to be submitted with the
			 EFS.
(2) If the Form EFS-3 is not
			 accompanied by the filing fee, it will be rejected;
(3) The filing fees of Form EFS-3
			 transactions are set out in paragraphs (a) through (d) of this subsection as
			 follows:
(a) Amendments: The filing fee for an
			 amendment is $15 for the first debtor name. Additional debtors may be added at
			 no charge.
(b) Assignment: The
			 filing fee for an assignment is $15 for the first debtor name. Additional
			 debtors may be added at no charge.
(c) Continuation: The filing fee for a
			 continuation is $15 for the first debtor name. Additional debtors may be added
			 at no charge.
(d) Termination:
			 There is no filing fee for filing a termination/lapse statement.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0220 - Farm Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The list of
			 Oregon farm products and codes is as follows:
(a)
Grains
:
(A) Barley -- 0101;
(B) Corn for grain -- 0102;
(C) Oats -- 0103;
(D) Rye -- 0104;
(E) Triticale -- 0105;
(F) Wheat -- 0106.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0230 - Master List and Portions of Master List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The master list shall contain all the
			 information submitted on EFSs filed in the Secretary of State's Office. It
			 contains the name and address of the debtor, name and address of secured party,
			 farm product code, farm product name, description of farm product, description
			 of location, amount of farm product, crop year, county, date of filing, time of
			 filing, and EFS file number. This information shall be compiled and entered
			 into a computerized record for farm products in the system.
(2) The Secretary of State shall produce a
			 monthly master list. The master list may be organized alphabetically by debtor
			 name and farm product, and shall be made available for all counties and crop
			 years.
(3) Portions of the master
			 list may be provided by an online search engine. Registrants may enter the
			 debtor name and receive all the data from EFSs filed on that
			 individual.
(4) After data entry is
			 complete at the end of the month, the master list will be available online. It
			 will include all filings as of the last business day of the month.
Stat. Auth.: ORS
				  79.6070
Stats. Implemented: ORS
				  79.6070
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0240 - Registration of Buyers, Commission Merchants and Selling Agents; Subscription to Master Lists or Portions of Master Lists

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The proper place to register as a buyer,
			 commission merchant or selling agent of farm products is in the Secretary of
			 State's Office. The registration or renewal of registration must be submitted
			 on a form prescribed and approved by the Secretary of State. The form shall be
			 designated "EFS FPR-1". The registration fee is part of the subscription
			 fee.
(2) Registration is part of
			 the process to subscribe for master lists. Each registrant will be assigned a
			 permanent registration number by the Secretary of State. A copy of the
			 administrative rules on registration is available upon request at no charge.
			 The master list will be accessible to registrants online.
(3) Registration is effective for a period of
			 12 calendar months. Renewal of registration may be filed at any time after 90
			 days prior to expiration of a current registration period. The registrant must
			 indicate the registration number on the renewal registration form.
(4) The registration may be amended by filing
			 an amended registration.
(5) The
			 Secretary of State shall maintain a list of all buyers of farm products,
			 commission merchants and selling agents who register with the Secretary of
			 State.
(6) Subscriptions for master
			 lists are made at the time of registration.
(7) A subscription for any master list will
			 be for the period of the registration.
(8) The person registering with the Secretary
			 of State must provide the following information on the Form EFS FPR-1:
(a) Name and mailing address of the
			 registrant. The registrant must identify the registration as being for a buyer,
			 commission merchant or selling agent;
(b) Telephone number;
(c) Number of farm product(s) included in the
			 registration;
(d) Farm product
			 code(s);
(e) Crop year or years for
			 which master list or portion of master list is to be sent;
(f) Indication of the type of master list or
			 portion of master list requested;
(g) Signature of the registrant;
(h) Registration/Subscription fee;
(i) Original registration number, if renewal
			 or amended registration.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0250 - Forms Used in Oregon Farm Products Central Filing System

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State prescribes and approves the list of
				forms below for use in the Oregon Farm Products Central Filing System:
(1) Form EFS-1 -- Farm Products Effective
			 Financing Statement;
(2) Form EFS-3
			 -- Farm Products -- Statement of Continuation, Amendment, Assignment and
			 Lapse;
(3) Form EFS-4 -- Buyer,
			 Commission Merchant, Selling Agent Registration/ Subscription.
Stat. Auth.: ORS
				  79.6030
Stats. Implemented: ORS
				  79.6030
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0280 - EFS Search Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Effective Financing Statement search fees are:
(a) UCC-11 information search, Standard form
			 -- $10 per name (each distinct debtor name to be searched);
(b) Requested copies of EFS documents -- $5
			 per name searched.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				194.205 to
				194.990, and
				OAR 160-100-0000  to 160-100-0850:
(1)
			 "Public Records Address" shall mean postal or street address.
(2) "Days" means calendar days.
(3) "Electronic notarial signature" means an
			 electronic signature, as defined in ORS
			 194.215, used by the
			 notary to officially sign electronic records.
(4) "Notary," as used in these rules, means
			 "notary public."
(5) "Oath of
			 Office" in accordance with ORS
			 194.315(3),
			 a notary public shall keep on file an Oath of Office with the Secretary of
			 State, affirming the notary's intent to follow the laws and constitutions of
			 the United States of America and the State of Oregon.
(6) "Official Misconduct" means the grounds
			 to deny, revoke, suspend, or condition the commission of a notary public, as
			 stated in ORS
			 194.340.
(7) "Official Stamp" or "Official Notary
			 Stamp" means a physical image affixed to a tangible record that can be legibly
			 reproduced by a photographic method, and that meets the description of OAR
			 160-100-0100; or information required under 160-100-0100(3)  that is attached to
			 or logically associated with an electronic record. An official stamp does not
			 include a stamping device, as defined in ORS
			 194.215(17).
			 The official stamp of a notary public is an official notarial seal for all
			 purposes under the law of this state.
(8) "Practice" means conducting a course of
			 repeated notarizations in Oregon beyond a 30-day period.
(9) "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.
(10) "Remote online notarization" means a
			 notarial act performed for a remotely located individual by means of
			 communication technology.
(11)
			 "Remote online notarization vendor" means a third-party that offers the
			 services of a tamper-evident technology approved for remote online notarization
			 acts.
(12) "Secretary of State"
			 means the Corporation Division of the Secretary of State's office.
(13) "Tamper-evident" means in a manner that
			 is capable of independent verification and renders any subsequent change or
			 modification to the electronic record evident
.
(14) "Venue" shall include both the
			 jurisdiction of the Oregon notary public and the county in which the notarial
			 act was performed.
Statutory/Other Authority: ORS
				  194.360
Statutes/Other Implemented: ORS
				  194.315,
				  HB 4212 (2020), ORS
				  194.215 & ORS
				  194.340
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0010 - Date of Mailing

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever chapter 219, Oregon Laws 2013 and OAR
				160-100-0000  to
				160-100-0620 require or permit a record or object to be mailed to the Secretary of State,
				the date of mailing shall be the date the record or object was actually
				received by the Secretary of State.
Stat. Auth.: Sec. 26, ch. 219, OL 2013
Stats. Implemented: ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0020 - Name of Notary Public

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Whenever chapter 219, Oregon Laws 2013 and OAR
			 160-100-0000  to
			 160-100-1150  refer to the name of a notary public, the name shall be the legal name of the
			 notary public as it appears on the notary public's current oath of office.
(2) For the purposes of this
			 chapter, the legal name on the applicant's oath of office must be proven with
			 satisfactory evidence per section 6 (2), chapter 219, Oregon Laws 2013. Unless
			 proven otherwise, the name shall consist of the applicant's first personal name
			 (first name), additional name(s) (middle name), and surname (family or last
			 name).
Example:
(a) Oregon Driver License reads, "John
			 Alexander Smith" Applicant's name on the oath must read, "John Alexander
			 Smith."
The applicant name may not read, "John A. Smith;" "J. Alexander
				Smith;" "John Smith;" "J.A. Smith;" "John Alexander;" "Smith;" "John;" "JAS;"
				"Alexander;" or some nickname, such as "Jack."
(b) U.S. Passport reads, "Susan M. Jones
			 Smith."
Applicant's name must read, "Susan M. Jones Smith."
The applicant name may not read, "Susan M. J. Smith;" Susan
				Jones Smith;" "Sue M Jones Smith;" or other variant.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0030 - Signature of Notary Public

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Whenever chapter 219, Oregon Laws 2013 and OAR
			 160-100-0000  to
			 160-100-0620  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 section 6 (2), chapter
			 219, Oregon Laws 2013.
Stat. Auth.: Sec. 26, ch. 219, OL 2013
Stats. Implemented: ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0040 - Administrative Services Fees

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: Sec. 26, ch. 219, OL 2013
Stats. Implemented: ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0100 - Description of Imprint of Official Stamp

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0120 - Description of Official Stamping Device

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Stamping device, as used in sections
			 2(17) and section 17, chapter 219, Oregon Laws 2013, 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.
Stat. Auth.: Sec. 26, ch. 219, OL 2013
Stats. Implemented: ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0125 - Certificate of Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0130 - Use of an Embosser

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: Sec. 26, ch. 219, OL 2013
Stats. Implemented: ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0140 - Notification of Secretary of State of the Use of Electronic Notarization

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0146 - Notification of Secretary of State of the Use of Remote Online Notarization

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0150 - Certificate of Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0160 - Notification of Secretary of State That Stamping Device is Unavailable

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0170 - Notification of Secretary of State of Change in Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0200 - Form and Content of Notarial Journal

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0210 - Form and Content of an Electronic Notarial Journal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0215 - Storage of Electronic Notarial Journal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0220 - Notification of Secretary of State of Lost or Stolen Journal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0230 - Additional Notarial Acts That May Be Recorded in Notarial Journal

Current through Register Vol. 63, No. 7, July 1, 2024
A notary public may, but is not required to, record in a
				notarial journal any information about the following notarial acts performed or
				records notarized by the notary public:
(1) Administering an oath or affirmation;
(2) Certifying or attesting a copy
			 of a record;
(3) Affidavits;
(4) Billing statements for media
			 advertising;
(5) Protests of
			 commercial paper (to be recorded as provided in ORS
			 194.090 and
			 73.0505).
(6) Verifications upon oath or
			 affirmation.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0240 - Information Required to Be Recorded in Record of Protests

Current through Register Vol. 63, No. 7, July 1, 2024
A notary public shall maintain a record of information about
				each protest of commercial paper performed by the notary public consisting of
				copies of source originals.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0301 - Disposition of Notarial Records Upon Suspension of Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notary public
			 whose commission was suspended shall arrange for the storage of his/her
			 notarial records, except records of protests of commercial paper (see OAR
			 160-100-0350), in any form and at any location. The records or any reproduction of the
			 records must be readable and the notary public must be able to obtain
			 possession of such records within 15 days of receipt of a request for such
			 records.
(2) A notary public shall
			 store such records for a period of ten years after the date of the last act
			 chronicled in the journal. After the ten-year period, the notary public may
			 destroy such records.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0310 - Disposition of Notarial Records Upon Termination of Commission Due to Resignation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notary
			 public whose commission was terminated because of resignation shall arrange for
			 the storage of his/her notarial records, except records of protests of
			 commercial paper (see OAR
			 160-100-0350), in any form and at any location. The records or any reproduction of the
			 records must be readable and the notary public must be able to obtain
			 possession of such records within 15 days of receipt of a request for such
			 records.
(2) A notary public shall
			 store such records for a period of 10 years after the performance of the last
			 Notarial act. After the ten-year period, the notary public may destroy such
			 records.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0320 - Disposition of Notarial Records Upon Termination of Commission Due to Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notary
			 public whose commission was terminated because of expiration, and who has not
			 applied for a new commission within 30 days after the date of termination,
			 shall arrange for the storage of his/her notarial records, except records of
			 protests of commercial paper (see OAR
			 160-100-0350), in any form and at any location. The records or any reproduction of the
			 records must be readable and the notary public must be able to obtain
			 possession of such records within 15 days of receipt of a request for such
			 records.
(2) A notary public shall
			 store such records for a period of 10 years after the performance of the last
			 Notarial act. After the ten-year period, the notary public may destroy such
			 records.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0330 - Disposition of Notarial Records Upon Termination of Commission Due to Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notary
			 public whose commission was terminated because of revocation shall file his/her
			 notarial records with the Secretary of State within 30 days after the date of
			 revocation.
(2) At the same time
			 that the notary public files such records with the Secretary of State, a notary
			 public shall file with the Secretary of State the notary public's official
			 stamping device.
(3) The Secretary
			 of State shall store such records for a period of ten years after the date of
			 revocation. After the ten-year period, the Secretary of State may destroy such
			 records. The Secretary of State shall destroy the official stamping
			 device.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0340 - Disposition of Notarial Records Upon Termination of Commission Due to Death or Incompetency

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After the termination of a notary public's commission as a result of death, or
			 the adjudication of incompetency, the notary public's personal representative,
			 guardian, conservator, or trustee shall file the notary public's notarial
			 records with the Secretary of State, unless the notary public entered into a
			 written agreement with his/her employer pursuant to OAR
			 160-100-0360.
(2) The personal representative,
			 guardian, conservator, or trustee may file a statement with the Secretary of
			 State. The statement may include:
(a) The
			 name of the notary public;
(b) The
			 notary public's commission number;
(c) The notary public's commission expiration
			 date;
(d) The cause of termination
			 of the notary public's commission, i.e., the notary public is deceased;
(e) The notary public's date of
			 death.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0350 - Record of Protests of Commercial Paper

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notary public whose commission
			 terminates because of expiration, resignation or revocation, shall file his/her
			 records of protests of commercial paper and any other notarial record relating
			 only to protests of commercial paper with the Secretary of State within 30 days
			 after the date of termination.
(2)
			 At the same time that the notary public files such records with the Secretary
			 of State, a notary public shall file a statement with the Secretary of State.
			 The statement shall include:
(a) The name of
			 the notary public;
(b) The notary
			 public's commission number;
(c)
			 The notary public's commission expiration date;
(d) The cause of termination of the notary
			 public's commission, i.e., expiration, resignation or revocation;
(e) The notary public's commission
			 termination date.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0360 - Notary Public's Responsibilities When Agreement Has Been Entered Into with Employer

Current through Register Vol. 63, No. 7, July 1, 2024
A notary public who has entered into an agreement with his or
				her employer relating to the employer's retention and disposal of the notary
				public's notarial records following termination of employment pursuant to
				section 18, chapter 219, Oregon Laws 2013 shall retain a written copy of the
				agreement which may be examined by the Secretary of State upon request. The
				agreement shall contain at least the following information:
(1) Date agreement was entered into;
(2) Names of parties to agreement;
(3) Terms of agreement, including
			 retention of records by the employer for a period not less than ten years after
			 the date of the last act chronicled in the journal;
(4) Signatures of all parties to
			 agreement.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0400 - Maximum Amount of Notary Fees Permitted to be Charged

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding section 2 of this rule, a
			 notary public shall not charge, attempt to charge, or receive a notary fee that
			 is more than $10 per notarial act.
(2) In accordance with ORS
			 194.400(2)(a)(b)
			 and
			 194.400(3),
			 a notary may also charge a fee for traveling to perform a notarial
			 act.
(3) A notary public performing
			 a remote online notarization shall not charge, attempt to charge, or receive a
			 notary fee that is more than $25 per notarial act.
Statutory/Other Authority: ORS
				  194.360
Statutes/Other Implemented: ORS
				  194.400  & HB 4212 (2020)
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0410 - Displaying List of Notary Fees

Current through Register Vol. 63, No. 7, July 1, 2024
A notary public who charges a fee for a notarial act shall
				either display a list, in English, of notary fees specified in OAR
				160-100-0400 in a conspicuous location in the notary public's place of business or give a
				copy of the notice to any person requesting a notarial act to read before
				having the notarial act performed. A place of business is the notary public's
				residence, business office or any other location in which the notary public
				performs a notarial act.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0420 - Filing Statement of Waiver of Notary Fees; Withdrawing Statement of Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notary public
			 may file with the Secretary of State a statement waiving the right to charge a
			 notary fee.
(2) If a notary public
			 files a written statement of waiver, then the notary public shall:
(a) Not charge, attempt to charge or receive
			 any notary fee for a notarial act performed after the date the notary public
			 filed the statement of waiver;
(b)
			 Not display a list of notary fees otherwise required by OAR
			 160-100-0410.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0430 - Filing Complaint Against Notary Public; Investigation of Notary Public by Secretary of State

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 file a complaint against a notary public with the Secretary of State. A
			 complaint shall be submitted on the standard form provided by the Secretary of
			 State, signed and dated by the person filing the complaint. A complaint that
			 does not comply with the requirements of this section shall not be filed,
			 responded to or acted upon by the Secretary of State.
(2) The Secretary of State may commence an
			 investigation of a notary public as a result of information received from any
			 source.
(3) Complaint forms
			 received by the Secretary of State are not exempt from disclosure under Public
			 Records Law, and shall be available to the accused notary public and others
			 under ORS 192.410 to
			 192.505.
(4) Notwithstanding section (3), personal
			 information of the complainant revealed in a notary public complaint shall not
			 be disclosed if:
(a) The complainant can show
			 that public disclosure thereof would constitute an unreasonable invasion of
			 privacy, unless;
(b) In the
			 determination of the Secretary of State, the public interest by clear and
			 convincing evidence requires disclosure in the particular instance.
(c) "Personal information" shall, in this
			 context, include but not be limited to the residence address, phone number and
			 identifying information, such as Social Security Number, or driver's license.
			 The name of the complainant and incidental information do not fall within the
			 definition of "personal information."
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0500 - Notification of Secretary of State of Conviction

Current through Register Vol. 63, No. 7, July 1, 2024
Within 30 days of the notification of conviction of any felony
				or crime involving fraud, dishonesty or deceit by a notary public, the
				Secretary of State shall conduct an investigation of the notary public, in
				accordance with OAR
				160-100-0430(2)
 
				- (8).
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0510 - Conviction of a Lesser Offense Incompatible with the Duties of a Notary Public

Current through Register Vol. 63, No. 7, July 1, 2024
"...(A) crime
			 involving fraud, dishonesty or deceit" as cited section 22, chapter 219, Oregon
			 Laws 2013 and OAR 160-100-610(9) shall mean having been convicted in any court
			 of the State of Oregon or any other state or federal jurisdiction of one of the
			 crimes listed below or any comparable crime:
(1)162.075 -
			 False swearing;
(2)162.085 - Unsworn falsification;
(3)162.235 -
			 Obstructing governmental or judicial administration;
(4)162.295-
			 Tampering with physical evidence;
(5)162.305 -
			 Tampering with public records;
(6)162.335 -
			 Compounding a felony;
(7)162.355 -
			 Simulating legal process;
(8)162.365 -
			 Criminal impersonation;
(9)162.375 -
			 Initiating a false report;
(10)162.385 -
			 Giving false information to police officer for a citation;
(11)162.425 -
			 Misuse of confidential information;
(12)165.007 -
			 Forgery in the 2nd degree;
(13)165.017 -
			 Criminal possession of a forged instrument in the 2nd degree;
(14)165.037 -
			 Criminal simulation;
(15)165.042 -
			 Fraudulently obtaining a signature;
(16)165.080 -
			 Falsifying business records;
(17)165.095 -
			 Misapplication of entrusted property;
(18)165.100 -
			 Issuing a false financial statement;
(19)165.102 -
			 Obtaining execution of documents by deception;
(20) Any conviction of the offenses listed in
			 ORS 194.990;
(21) Any other offense of a similar nature to
			 the above listed crimes involving fraud, dishonesty or deceit.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013