OR Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: What is the purpose of personal appearance when performing a notarial act in Oregon?
- To allow the notary to verify identity and observe the signing (Correct answer)
- To create a public record of the transaction
- To ensure the document is filed with the court
- To allow witnesses to verify the notary's credentials
Correct answer: To allow the notary to verify identity and observe the signing
Personal appearance allows the notary to confirm the signer's identity, willingness, and awareness before completing the notarial act.
Question 2: An Oregon notary is asked to notarize a document with blank spaces. What should the notary do?
- Refuse to notarize until the blanks are completed (Correct answer)
- Complete the blanks on behalf of the signer
- Notarize and note the blanks in the journal
- Notarize if the signer verbally confirms the blanks are intentional
Correct answer: Refuse to notarize until the blanks are completed
Notaries should refuse to notarize documents with blank spaces that could be filled in fraudulently after notarization.
Question 3: Which statement best describes 'satisfactory evidence of identity' under Oregon notary law?
- Identification from a government-issued photo ID or credible witness (Correct answer)
- A utility bill with the signer's name and address
- The signer's Social Security card
- A business card with the signer's name
Correct answer: Identification from a government-issued photo ID or credible witness
Oregon requires satisfactory evidence of identity such as a government-issued photo ID or testimony from a credible identifying witness.
Question 4: When may an Oregon notary use a credible witness to identify a signer?
- When the signer does not have acceptable identification documents (Correct answer)
- When the notary personally knows the signer
- When the document is a simple acknowledgment
- When the document was prepared by an attorney
Correct answer: When the signer does not have acceptable identification documents
A credible witness may be used to identify a signer when the signer lacks adequate identification documents.
Question 5: What must an Oregon notary do if they suspect a signer is acting under duress?
- Refuse to perform the notarial act (Correct answer)
- Proceed but note the concern in the journal
- Contact the Secretary of State immediately
- Have another witness sign the document
Correct answer: Refuse to perform the notarial act
If a notary suspects duress or coercion, they must refuse to complete the notarial act to protect the integrity of the process.
Question 6: Under Oregon law, can a notary notarize a document for a person who cannot communicate verbally?
- Yes, if the signer can communicate through another means such as writing (Correct answer)
- No, verbal communication is always required
- Yes, but only with two witnesses present
- No, the document must be notarized by an attorney instead
Correct answer: Yes, if the signer can communicate through another means such as writing
Oregon allows notarization for signers who communicate through non-verbal means, such as written responses, as long as willingness can be confirmed.
OR Notary Notarial Acts and Procedures 2
What is the purpose of personal appearance when performing a notarial act in Oregon?