Oregon has made extensive changes to its Notary laws and procedures, which go into effect on September 1. The top changes Oregon Notaries need to know include:
ID Requirement Changes:
- Notaries may accept a signer ID that has been expired up to three years before the date of notarization.
- Notaries may accept a driver's instruction permit, provisional or limited term driver's license as proof of signer identity.
- Notaries may accept a U.S. government-issued ID from a signer that includes a photo and signature only. Previously, this ID could be accepted provided it had a physical description as well.
- Signers may now be identified by credible identifying witnesses who present proof of identity from the statutory list of acceptable signer identification documents.
- Notaries may keep either a paper or electronic journal. Electronic journals must be accessible by the Secretary of State upon request.
- Notaries may have more than one journal at a time, but each journal must be in chronological order.
- Journal entries must be completed at the same time a notarial act is performed.
- Notaries must now keep a journal 10 years from the date of the last entry in the journal, up from seven years as the law required before.
- A stamp impression must be reproducible if copied. Notaries may own more than one stamp, but are responsible for keeping all stamps secure from tampering or fraudulent use.
- Notaries may correct any errors or omissions in a notarial certificate subsequent to the notarization.
Notarizing for Relatives:
- Notaries may not notarize a document in which a spouse is named or directly benefits from.
Unauthorized Practice of Law:
- The unauthorized practice of law is defined in greater detail, including assisting a person in drafting legal records, giving advice on legal matters and acting as an immigration consultant.
Signature by Proxy:
- A disabled signer may now have another person sign a document on their behalf in the presence of a Notary and have this signature notarized.
- After registering with the Secretary of State, a Notary may perform notarial acts on electronic records using a tamper-evident technology to affix the Notary's electronic signature.
The new law adds several other changes, including an updated commission application and investigative process. The state has provided a summary of other Oregon law changes and the NNA will also be presenting a webinar in September to update Notaries on the state's new laws and procedures.
The NNA Hotline is available to answer your state-specific questions.
Visit the NNA's Webinar library to view sessions on a wide range of topics.
Notary Reference Manual, State-Specific Certificates Now Available Online For NNA Members