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Law

OR Senate Bill 765

Notary Law Update: OR Senate Bill 765

State: Oregon

Summary:
Senate Bill 765 makes permanent the remote notarization provisions that were temporarily enacted by House Bill 4212 of 2020.

Signed:  June 15, 2021

Effective:  June 15, 2021

Chapter: TBD

Affects:
Permanently amends Sections 93.810, 194.225, 194.290, 194.305, and 194.400 of the Oregon Revised Code.

Changes:
  1. Makes permanent provisions allowing Notaries to perform a notarial act using communication technology for a remotely located individual under certain circumstances.
  2. Authorizes a notarial officer to certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
  3. Clarifies that an official stamp of a Notary is an official seal for all purposes under the laws of Oregon.
  4. Authorizes a county clerk to accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
  5. Clarifies that a Notary may charge a fee not to exceed $25 per notarial act for a remotely located individual.
  6. Provides that a tangible copy of an electronic record containing a notarial certificate that is accepted for recording by a county clerk before June 30, 2020, is validated.
Analysis:
Last year at the height of the pandemic, the Oregon Legislature passed and the Governor signed House Bill 4212, temporarily authorizing remote notarization during the public health emergency. To review the provisions for notarizing records for remotely located individuals, see the New Law Update for House Bill 4212. Senate Bill 765 leaves all the remote notarization provisions as they were enacted and removes the temporary expiration date of June 30, 2021.

Read the bill text.

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