Oregon Notary Public Duties and Restrictions Flashcards

What is the term for an Oregon notary public who performs notarial acts in another state where they hold no commission?

Answer: Unauthorized practice; the notary lacks authority outside Oregon

An Oregon notary commission only grants authority within Oregon; performing notarial acts in another state where the notary has no commission is unauthorized.

An Oregon notary is asked to notarize a facsimile (fax) copy of a document. What should the notary consider?

Answer: Whether the original or a certified copy is available, since fax copies may not be accepted by all receiving agencies

Notaries should advise signers that fax copies may not be accepted by all agencies and consider whether the original or certified copy is required.

Under Oregon law, what is a 'credible witness' used for in notarization?

Answer: To vouch for the identity of a signer who lacks acceptable identification

A credible witness personally knows the signer and can vouch for their identity when the signer lacks acceptable identification documents.

May an Oregon notary notarize documents that will be used outside the United States?

Answer: Yes, but additional authentication such as an apostille may be required

Oregon notarized documents can be used internationally, but receiving countries often require an apostille or additional authentication from the Secretary of State.

What is an 'apostille' in relation to Oregon notarized documents?

Answer: A certificate authenticating the notary's authority for use in foreign countries

An apostille is an authentication certificate issued by the Oregon Secretary of State that verifies the notary's signature and seal for acceptance in countries participating in the Hague Convention.

What is the Oregon notary's role when a signer uses a mark (such as an 'X') instead of a signature?

Answer: Witness the mark and complete the notarial act, noting in the journal that a mark was used

Oregon notaries may witness signers who use a mark rather than a full signature and should document this in their journal.