ORS 194.010¹
Appointment of notary public
  • Certificate of Authorization
  • office may be nonlucrative
  • functions not official duties
  • rules

(1) Upon application as prescribed under ORS 194.014 (Application for appointment and commission), the Secretary of State shall appoint and commission individual persons as notaries public.

(2) Upon appointment as a notary public, the Secretary of State shall send to the person appointed a notarial commission and a Certificate of Authorization with which the person appointed shall obtain an official seal.

(3) The notary public shall retain the commission during the term of appointment.

(4)(a) Only upon presentation by the notary public of the Certificate of Authorization is a vendor authorized to provide the notary with the official seal described under ORS 194.031 (Notarial seal).

(b) A vendor of official seals shall make note of the receipt of a Certificate of Authorization by a signature of the vendor or an authorized representative of the vendor upon the Certificate of Authorization.

(c) Subject to the procedures set forth under ORS 194.980 (Civil penalties), any vendor of official seals who furnishes an official seal to any person in violation of paragraph (a) of this subsection may incur a civil penalty in an amount, established by rule of the Secretary of State, that is within the limits set forth under ORS 194.980 (Civil penalties) (2)(a). Once incurred, the penalty shall be treated in all respects as a civil penalty incurred under ORS 194.980 (Civil penalties).

(5) Each notary public may file with the Secretary of State a statement waiving the fees specified under ORS 194.164 (Maximum fees for notarial acts) (1); and in such case the office of notary public is considered nonlucrative.

(6) The functions of a notary public are not considered official duties under section 1, Article III of the Oregon Constitution. [Amended by 1961 c.498 §1; 1967 c.541 §1; subsection (2) enacted as 1967 c.541 §8; 1975 c.161 §3; 1977 c.128 §1; 1983 c.393 §13; 1985 c.487 §1; 1989 c.976 §2]

Atty. Gen. Opinions

Constitu­tionality of the dura­tional residency require­ment imposed on notaries public, (1976) Vol 37, p 1223

1 Legislative Counsel Committee, CHAPTER 194—Notaries Public, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors194.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 194, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­194ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information