OR Notary Certificate Wording and Notarial Language 1 — Questions and Answers
Question 1: What is a notarial certificate in Oregon?
- A license issued by the state to practice as a notary
- The written language in or attached to a document that certifies the facts of a notarial act (Correct answer)
- A diploma awarded after completing notary training
- A receipt provided to a signer as proof of payment for notarial services
Correct answer: The written language in or attached to a document that certifies the facts of a notarial act
A notarial certificate is the written statement that the notary completes on or attaches to a document to certify the facts of the notarial act.
A notarial certificate is the written component of a notarization — it is the language that appears on or is attached to the document being notarized and contains the notary's official statement of the facts of the act. It typically includes the state and county, the date, the type of act, the name of the person who appeared, the notary's signature, and the seal. Without a properly completed certificate, the notarization is incomplete. Oregon provides statutory forms for common certificate types, and notaries should use language that accurately reflects the act performed.
Question 2: An Oregon notary is asked to notarize a document that has no notarial certificate language. What should the notary do?
- Refuse the notarization because all documents must have pre-printed certificates
- Ask the signer what type of notarial act is needed and attach the appropriate certificate (Correct answer)
- Complete a generic certificate without specifying the type of act
- Return the document to the signer without assisting further
Correct answer: Ask the signer what type of notarial act is needed and attach the appropriate certificate
When a document lacks a notarial certificate, the notary should ask the signer what type of act is required and attach the appropriate Oregon certificate form.
Oregon notaries are permitted and expected to attach a separate notarial certificate to a document if the document does not contain certificate language. However, the notary must determine which type of notarial act is appropriate (acknowledgment, jurat, etc.) before selecting and completing a certificate. The notary should ask the signer or, if appropriate, the attorney or party who prepared the document. The notary should never choose the type of notarial act on the signer's behalf beyond clarifying which type is requested. Oregon provides statutory certificate forms that are appropriate for different types of acts.
Question 3: Which of the following is required to appear on every Oregon notarial certificate?
- The notary's home address
- The notary's signature and official seal (Correct answer)
- The signer's signature
- The document preparer's name
Correct answer: The notary's signature and official seal
Every Oregon notarial certificate must include the notary's signature and their official notary seal.
Oregon law requires that every notarial certificate be signed by the notary using their name exactly as it appears on their commission, and the notary's official seal must be affixed near the signature. The seal contains the notary's name, state, and commission expiration date. These elements authenticate the certificate and allow recipients to verify the notary's commission. The notary's home address, the signer's signature, and the document preparer's name are not required elements of the notarial certificate itself.
Question 4: What phrase is traditionally used in an Oregon jurat certificate to indicate the signer swore to the truthfulness of the document?
- 'Acknowledged before me'
- 'Subscribed and sworn to (or affirmed) before me' (Correct answer)
- 'Witnessed by'
- 'Certified true and correct'
Correct answer: 'Subscribed and sworn to (or affirmed) before me'
The traditional jurat certificate language includes the phrase 'subscribed and sworn to (or affirmed) before me,' indicating the signer both signed and took an oath.
A jurat is a notarial act in which the signer both signs the document in the notary's presence and takes an oath or affirmation that the document's contents are true. The traditional certificate language reflecting this is 'subscribed and sworn to (or affirmed) before me.' The word 'subscribed' means signed, and 'sworn to' (or 'affirmed') confirms the oath or affirmation. This language distinguishes a jurat from an acknowledgment certificate, which uses language like 'acknowledged before me' without an oath component.
Question 5: What must an Oregon notary include on their notarial certificate related to their commission?
- The date the commission was originally issued
- Their commission expiration date (Correct answer)
- The name of the person who sponsored their commission application
- The county in which they were commissioned
Correct answer: Their commission expiration date
Oregon notaries must include their commission expiration date on every notarial certificate.
Oregon requires notaries to include their commission expiration date on every notarial certificate. This allows recipients of notarized documents to verify that the notary's commission was valid at the time of the notarial act. It is typically placed below the notary's signature line and may appear on or near the notary seal. Including the expiration date is mandatory — not optional — and omitting it makes the certificate technically deficient. The original commission date and county of commissioning are not required on the certificate.
Question 6: If an Oregon document contains notarial certificate language from another state, what should the Oregon notary do?
- Use the out-of-state certificate language as-is without modification
- Complete the out-of-state certificate language only if it is substantially compliant with Oregon requirements (Correct answer)
- Always replace it with an Oregon certificate form regardless of the document's destination
- Refuse to notarize any document with out-of-state certificate language
Correct answer: Complete the out-of-state certificate language only if it is substantially compliant with Oregon requirements
Oregon notaries may complete notarial certificates using language from another state's form as long as the certificate substantially complies with Oregon's requirements.
ORS 194.285 provides that a notarial certificate is sufficient if it meets Oregon law requirements, even if it uses the form of another state. If a document prepared for use in another jurisdiction contains a notarial certificate in that state's standard form, an Oregon notary may generally use that form if it substantially complies with Oregon's requirements. If the certificate language is inadequate (e.g., lacks key elements or requires acts not authorized in Oregon), the notary should attach an Oregon-compliant certificate instead. The key is that the certificate must accurately describe what actually occurred.
OR Notary Certificate Wording and Notarial Language 1
What is a notarial certificate in Oregon?