NOTARY SEMINARSecretary of State

Corporation Division

Email: notary.seminar@state.or.usCall: (503) 986-0511Tom Wrosch

AgendaApplying for a

Commission

What is a Notary?

Responsibilities Consequences of

Misconduct

Notary Fees & Ads

After the break:

Screen the Signer

Notary Journal

Notary Certificates

Other Resources

Applying for a CommissionApply Online

Online Exam

Oath of Office

Certificates

Purchase a Stamp & Journal

Start Notarizing

What is a Notary?

A notary is “a person of proven integrity appointed by the state to act as an impartial witness.”

Proven Integrity

StateOfficer

ImpartialWitness

Employer Notarization Policy

(Chapter 2, Page 10)

• What times the notary will be available.• What types of documents.• What fees, if any, and where posted.• Responsibility for renewal, and procedures.• Notarization for colleagues on work premises.• Disposition of journal, stamps.• Any liability coverage under employer’s

insurance.

Employer can not control notarizations done after work hours.

Notary Public ≠ Notario Publico An Oregon Notary Public may

• Take acknowledgements

• Administer oaths

•Witness signatures

• Certify copies of documents not recordable in the public records

• Verify the signer’s willingness, competence and identity.

Notary Public is usually not a lawyer

One of Tens of Thousands

Fee = $10 per act

A Notario Publico may•Be an arbitrator

•Be a mediator

•Issue judicial opinions

•Intervene in judicial proceedings

•Ensure that documents such as bylaws of companies, wills, deeds, powers of attorney, real estate purchases and establishments of trusts conform to the law

•Ensure payment of taxes Notario Publico must be a

lawyer

One of Few

Fee = % of the transaction, potentially thousands of dollars

No “Notario Publico” in OregonA non-attorney notary may not:

Use the term “notario” or “notario publico”Practice law – give legal advice or draft legal documents,

unless you are supervised by an attorney or are a licensed professional regarding that document

Act as an immigration consultant or representativeTake money for these things

Penalties include revocation and civil suit by the individual or the state.

Reporting NotariosSecretary of State:

http://sos.oregon.gov/business/Pages/complaint-against-notary.aspx

Attorney General: https://justice.oregon.gov/complaints/

Oregon State Bar (Unauthorized Practice of Law): http://www.osbar.org/_docs/resources/UPLComplaintForm.pdf

Federal Trade Commission: https://ftccomplaintassistant.gov/

Responsibilities

A notary public is responsible for knowing and understanding Oregon laws and administrative rules relating to notaries.

Responsibilities to the Commission

Tell us about changes, such as: Name – 30 days Address – 30 days Lost/found stamp and journal – 10 days

If you can’t be a notary any longer…Move or quitDisqualifying crime

Take care of stamp and journal

Misconduct•is

deliberate disobedience of notarial statute or rule.

Intentional Misconduct

•is the negligent behavior that causes a notary to make an error in a notarization or accidentally forgets to do what is required.

Unintentional Misconduct

Examples of Misconduct

Didn’t make the signer appear before the notary.

Didn’t identify the signer.

Didn’t lock up the notary stamp or journal.

Didn’t keep a notary journal.

Liability

Administrative Penalties up to revocation of

commission & fine.

Criminal Penalties for

criminal actions including fines and

imprisonment.

Civil Penalties, without limit, for monetary

damages.

Reasonable Care

Is “that degree of care which a person of ordinary prudence would exercise in the

same or similar circumstances.”

Obey all Laws and Regulations.

Good Judgment & Common

Sense

Errors & Omissions InsuranceBonding

Notary Fees

15

Waiver

Only Notaries may charge.

Fees need to be posted.

$10 Per Act

AdvertisingAll non-attorney Notary

advertisements must include a “can’t practice law” statement in the language of the ad.

If it won’t fit on a sign, the statement must be prominently displayed or provided before the notarization.

A notary public, unless an attorney, may not advertise that he can assist with drafting legal documents or give legal advice.

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.

Notarizations Here!

$10/act

How to Notarize

Screen the Signer

Jot in the Journal

Complete the Certificate

How to Notarize

Screen the Signer

Review the Document

Whole Docume

nt

Journal & Other Requirements

Blank Spaces

Foreign Languag

e

Identify the Signer

Personal Knowledge

Credible Witness

Identification Documents

3 Ways to Identify

Identification Documents

Can be expired up to 3 years from date of notarization.

Driver License or DMV issued ID Card• Provisional, Limited Term or Learner’s Permit.• Or Non-expired Temporary Driver License or Temporary ID card – 30

daysU.S. or Foreign Recognized Passport

• Passport or Passport Card

U.S. Military ID Card

Federally Recognized Indian Tribe ID Card

U.S. Government Issued ID with:• Picture & Signature

Correctional Facility ID for Inmates

Determine the Signer’s Willingness and

Awareness of What is Being Signed

Reporting Elder AbuseContact local Aging & People with Disabilities

(APD) office or local law enforcement.

Or Call 1-855-503-SAFE (7233) to report

abuse.

Go to www.oregon.gov/dhs/abuse for more

info.

Preventing Elder Financial Exploitation https://www.oregonbankers.com/community/elder-exploitation-prevention/

How to Notarize

Jot in the Journal

Notary Journal

RequirementPaper or Electronic, or both.

Retention Schedule10 years from date of last

notarization.Journal agreement Disclosure

Journal Agreement160-100-0360 A notary public who has entered into an agreement with his/her employer relating to the employer’s retention and disposal of the notary public’s notarial records following termination of employment pursuant to Chapter 194.300(10) 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.

Journal Requirements

• To comply with Oregon Consumer ID Theft Protection Act, type and expiration date only.

• Take the room you need to adequately document the act.

• Remember, fees may be taxable income.

• No thumbprint provision in Oregon.

7/1/148:32 a.m.

Ack. 6/15/14 Grant deed

Jim Garner111 Main St.Salem, OR

97301J.

Garner

ODL; 8/21/17

32 pages; previously

signed$10

One person, many appearances

Date/TimeOf Act

Type of Act

Date of Document

Type of Document

Printed Name Contact Address

Signature ID AdditionalInformation

Fee

1/1/13 Ack. 1/1/13 POAJane Doe

See Pg 2 Line 3 Jane Doe

See Pg 2Line 3 3 Duplicate

OriginalsNone

One person, many docs

Jane D

oe

Date/Time of Act

Type of Act

Date of Document

Type of Document

Printed Name Contact Address

Signature ID AdditionalInformation

Fee

1/1/139:30 AM

Ack. 1/1/13 POA Jane DoeJane’s Address

Jane’s ID None

“ ” Jurat “ ” Contract “ ” “ ” “ ”

“ ” Copy “ ” Corp. Resolution

“ ” “ ” “ ”

“ ” Wit. Sig “ ” Order “ ” “ ” “ ”

How to Notarize

Complete the Certificate

Notarial Certificates

Don’t draft the act. (Guide, Ch. 8, p. 33)

Read provided certificate carefully.Notarization = Certificate + Stamp +

Signature.Protect loose certificates.

Jesse M. Cota

lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjl

State of OregonCounty of Benton

This record was acknowledged before me on Jan. 14, 2014 by Jesse M. Cota.

Thomas E WroschNotary Public – State of Oregon

Attached to: Grant Deed, signed by Jesse M. Cota, 01/25/13, 1 page.

Grant Deed

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

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Components of a Certificate6 Elements Every Time

Venue(State & County =

location in jurisdiction)

WhoAppeared

What Act was

Performed

Date(of notarization)

State of OregonCounty of ______________

On this ____ day of _________ 20__, before me_____________________, a notary public, personally appeared _______________________, personally known to me, or known by ID, to be the person(s) whose name(s) is(are) subscribed to this record, and acknowledged that he(she/they) executed thesame.

_________________________Notary Public

My Commission expires:_______

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

Marion

30th January 14Thomas Edward Wrosch

John Doe

Thomas E Wrosch

7/11/17

Filling Out a Certificate

Notarial Certificates

Acknowledgment (Individual & Representative)

Verification Upon Oath or Affirmation (Jurat)

Witness of Signature

Copy Certification

Acknowledgment - Individual

“Acknowledgment” means a declaration by an individual before a notarial officer thatthe individual has signed a record for the purpose stated in the record. ORS 194.215

Acknowledgment - Individual

State of OregonCounty of Marion

This record was acknowledged before me on Jan. 25, 2013,by Chase Houston.

Notary Public – State of Oregon

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

Thomas E Wrosch

Acknowledgment - Representative

“Acknowledgment …in a representative capacity, [means] that the individual signed the record with proper authority and signed it as the act of the person identified in the record.” ORS 194.215

Acknowledgment - Representative

State of OregonCounty of Jackson

This record was acknowledged before me on Jan. 25, 2013,by Jesse Cota as President of Oregon Outfitter’s Corporation.

Notary Public – State of Oregon Thomas E Wrosch

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

Verification Upon Oath/Affirmation

…means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. ORS 194.215

Verification Upon Oath/Affirmation

State of OregonCounty of Umatilla

Signed and sworn to (or affirmed) before me on Jan. 25, 2013,by Ronda L. Wilson.

Notary Public – State of Oregon Thomas E Wrosch

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

Witnessing a Signature

State of OregonCounty of Coos

Signed (or attested) before me on Jan. 25, 2013, by Mary E. Warren.

Notary Public – State of Oregon

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

Thomas E Wrosch

Copy Certification

“A notarial officer who certifies or attests a copy of a record or an item that wascopied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.” ORS 194.230(4)

Copy Certification

State of OregonCounty of Umatilla

I certify that this is a true and correct copy of a record in the possession of Grace E. May.

Dated Jan. 25, 2013.

Notary Public – State of Oregon Thomas E Wrosch

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

Copy Certification

Do not certify to copies of recorded documents.

Illegal to Copy Oregon Vital Records.Birth, Marriage, Divorce, & Death

Certificates.Oregon Center for Health Statistics (971)

673-1190.Do not certify photographs.Exception for some IDs - Driver License,

Passport.

Signature by 3rd Party

“If an individual is physically unable to sign a record … The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.

ORS 194.250

Signature by 3rd Party

State of OregonCounty of Lincoln

Signed before me on Jan. 25, 2013, by Sherman Peabody.

Signature affixed by Gladys May at the direction of Sherman Peabody.

___________________Notary Public – State of Oregon

OFFICIAL STAMPTHOMAS EDWARD WROSCHNOTARY PUBLIC-OREGONCOMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2017

Thomas E Wrosch

Electronic Notarizations

Notarization by remote presence – not acceptableWebcam, Skype, phone, etc.

First: find a NeNS –compliant vendorSecond: notify the Secretary of State.

Send example in PDF format.More info:

http://sos.oregon.gov/business/Pages/electronic-notarization.aspx

Certificates Issued by Secretary of State

Certificate of Good Standing

• Certifies that the notary is in good standing. (not attached to a document)

Apostille/Authentication

• Certifies to the Public Official for a foreign government. (attached to a document)

American Society of Notaries www.asnotary.org

National Notary Association www.nationalnotary.org

Notary Forums: LinkedIn, 123Notary.com,

etc.

Laws and Rules and Guide and more:sos.oregon.gov/business/Pages/resources-aids-notarization.aspx

Other Resources

Contact Information

Secretary of State, Corporation Division

(503) 986-2200

corporation.division@state.or.us

www.FilingInOregon.com

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