(2) An applicant for a commission as a notary public must:
(a) Be at least 18 years of age;
(b) Be a resident of this state or have a place of employment or practice in this state;
(c) Be able to read and write English;
(d) Not have been convicted of a felony or any crime involving fraud, dishonesty or deceit during the 10-year period preceding the date of application;
(e) Not have been convicted of:
(A) Acting as or otherwise impersonating a notary public as described in ORS 194.990 (1)(b);
(B) Obstructing governmental or judicial administration under ORS 162.235 (1)(b); or
(C) Engaging in the unlawful practice of law as described in ORS 9.160;
(f) Not have been found by a court to have:
(A) Practiced law without a license in a suit under ORS 9.166; or
(B) Engaged in an unlawful trade practice described in ORS 646.608 (1)(vvv);
(g) Not have entered into an assurance of voluntary compliance, pursuant to ORS 646.632, based on an alleged violation of ORS 646.608 (1)(vvv);
(h) Not have had a commission as a notary public revoked during the 10-year period preceding the date of application;
(i) Not be disqualified under ORS 194.340 to receive a commission;
(j) Complete the course of study described in ORS 194.325; and
(k) Have passed the examination required under ORS 194.325.
(3) Before the Secretary of State may issue a commission as a notary public, the applicant shall execute an oath of office and submit it to the secretary.
(4) Upon the applicant’s compliance with this section, the Secretary of State shall issue a commission as a notary public to the applicant for a term of four years.
(5) A commission as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees of this state.
(6) Each notary public may file with the Secretary of State a statement waiving the fees specified under ORS 194.400. If a notary public files the statement waiving the fees, the office of that notary public is not considered a lucrative office.
(7) The functions of a notary public are not considered official duties under Article III, section 1, of the Oregon Constitution.
(8) A commission as a notary public is not considered a commission under Article V, section 18, of the Oregon Constitution. [2013 c.219 §20; 2016 c.47 §3]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations
Section 194.215 - Definitions.
Section 194.225 - Authority to perform notarial act.
Section 194.230 - Requirements for certain notarial acts.
Section 194.240 - Identification of individual.
Section 194.245 - Authority to refuse to perform notarial act.
Section 194.255 - Notarial act in this state.
Section 194.260 - Notarial act in another state.
Section 194.265 - Notarial act under authority of federally recognized Indian tribe.
Section 194.270 - Notarial act under federal authority.
Section 194.275 - Foreign notarial act.
Section 194.277 - Notarial act performed for remotely located individual; rules.
Section 194.280 - Certificate of notarial act.
Section 194.285 - Short form certificates.
Section 194.290 - Official stamp.
Section 194.295 - Stamping device.
Section 194.315 - Commission as notary public; qualifications; no immunity or benefit.
Section 194.325 - Examination of notary public.
Section 194.340 - Grounds to deny, revoke, suspend or condition commission of notary public.
Section 194.345 - Database of notaries public.
Section 194.350 - Prohibited acts.
Section 194.355 - Validity of notarial acts.
Section 194.365 - Application fee.
Section 194.370 - Investigation of applicant; consent.
Section 194.375 - Protest of commercial paper.
Section 194.385 - Powers of notary public connected with corporation; limitations.
Section 194.400 - Fees for notarial acts; collection of fees.
Section 194.405 - Action for damages or injunction; attorney fees and costs; employer’s liability.
Section 194.415 - Attorney General to investigate or prosecute violation; payment of expenses.
Section 194.440 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 194.800 - Short title.
Section 194.805 - Definitions.
Section 194.810 - Applicability.
Section 194.815 - Validity of unsworn declaration.
Section 194.820 - Required medium.
Section 194.825 - Form of unsworn declaration.
Section 194.830 - Uniformity of application and construction.
Section 194.835 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 194.980 - Civil penalties; factors; notice; hearing; rules.