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Wednesday, September 28, 2011

OREGON NOTARY NEWS


Notary News

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Stay informed on important changes that impact Oregon notaries! Due to budget reductions, the Secretary of State Corporation Division will no longer use postcards to notify Oregon notaries of important changes in laws and rules. Oregon notaries should subscribe to NOTARYNEWS, our free email subscription service, to get updates on Oregon notary law, rules, and procedures.
ONLINE WEBCAM NOTARIZATION is invalid and illegal in the State of Oregon.
A private company claims to have the first online notarization website and has false claims concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in Oregon.
Oregon notaries public are not authorized under current law to perform electronic notarizations. Even if they were, Oregon law requires a person to appear personally before a notary public to obtain notarial acts like acknowledgments or oaths. This means the party must be physically present before the notary public. A video image or other form of non-physical representation is not a personal appearance in front of a notary public under current state or federal laws. The technology solution offered by this private company does not comply with Oregon law.
It is important that Oregon notaries do not participate in this scheme. Clearly, Oregon notaries public who notarize in this fashion are breaking the law, and are subject to administrative and possibly criminal and civil sanctions. It is unclear if notarizations of Oregon citizens done remotely by notaries that are not in Oregon will be upheld in court.

 Due to budget limitations, the Corporation Division will no longer send courtesy commission
 renewal notices 
prior to the commission expiration. Notaries are responsible for tracking and
 renewing their own commission. ~ Renewal applications received after the commission expiration
 are subject to the 3-hour mandatory training requirement in ORS 194.

 Oregon has two new laws 2009 HB 2085 and 2009 HB 2090 that affect notaries and notarizations,
 starting on January 1, 2010.
Identification Documents: [January 1, 2010]
A new law 2009 HB 2085 makes changes to the acceptable forms of identification that a notary may use when identifying a signer.
The following types of identification may be used to positively identify a client, if they are current, i.e. not expired.
  • A current drivers' license or current identity card issued by any state.
  • A current United States passport or a current officially recognized passport of a foreign country. A United States passport means a U.S. passport and a U.S. passport card issued by the U.S. Department of State.
  • A current United States military identification card.
  • A current identity card issued by a federally recognized Indian tribe.
  • Produces at least one current document issued by the federal government or a state, county, municipal or other local government and containing the person's photograph, signature and physical description.
For more information on passports.
For more information on federally recognized Indian tribes.
 New Fees: As authorized by 2009 HB 2085, beginning January 1, 2010 notaries may charge up to
 $10 for each notarial act. These fees may be turned over to an employer - public agencies and
 private businesses - by agreement.
Notary Protest of Commercial Paper: [January 1, 2010]
A new law 2009 HB 2090 restricts when notaries may protest commercial paper.
A notary public may protest commercial paper only if the notary public is:
  • An officer or employee of a financial institution or investment company, or a person serving under the direct supervision of the officer or employee or
  • An active member of the Oregon State Bar, or a person serving under the direct supervision of an active member of the Oregon State Bar.
A notary public may not protest any commercial paper owned or held for collection by a financial institution or investment company if the notary is individually a party to the commercial paper.
Notaries who do not meet this requirement cannot notarize Commercial Protests. A notary public who violates this law will be subject to revocation of their notarial commission.
Driver's Licenses: [Posted April 1, 2009]
The Oregon DMV is changing their procedure when issuing new licenses. The old license will be returned with a hole punched in the name and address area. The driver license has been made invalid and therefore cannot be used for identification by itself. For identification purposes when notarizing documents, notaries can continue to use the temporary driver licenses. For more information on the new licences.
Notary Name and Signature Rule: [Posted October 15, 2008]
The Secretary of State has issued a new Oregon Administrative Rule, effective October 15, 2008 OAR 160-100-0020 Name of Notary Public and OAR 160-100-0030 Signature of Notary Public. This rule addresses the requirements for the notary’s commission name, which is the name that will appear on the official notary seal and official notary seal embosser. Read more on this announcement.
Notary Journal Rule: [Posted May 1, 2008]
The Secretary of State has issued a new Oregon Administrative Rule, effective May 1, 2008 OAR 160-100-0210 Information Required to Be Recorded in Notarial Journal. This rule addresses protections for Notaries and the clients they serve, by helping Notaries comply with the Oregon Consumer Identity Theft Protection Act. Read more on this announcement.
Mandatory Notary Public Education: [Posted May 26, 2006]
On July 1, 2006 all first-time applicants for an Oregon Notary Public commission, and any former notaries without a current commission at the time of application, must take a 3-hour course on Oregon notary laws, rules and procedures. The Secretary of State Corporation Division offers classes and online tutorial, or you may choose to use a certified education provider.
Notaries with active Commissions when reapplying, must continue to submit a completed application and test along with the processing fee.
There is no grace period for expired commissions.
If you have any questions about this new law or the Oregon Notary Public Education Course, please emailonline.education@state.or.us.

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