OR Notary Prohibited Acts and Liability 2

Question 1

May an Oregon notary notarize the signature of a family member?

Accepted Answer

Yes, if the notary has no direct financial interest in the document being notarized

Answer

Never under any circumstances

Answer

Yes, but only if the family member is not a spouse

Answer

Only if another witness is also present

Question 2

What must an Oregon notary do if they discover they made an error in a notarial certificate after the document has been recorded?

Accepted Answer

Prepare a corrected certificate and attach it to the original document as permitted

Answer

Do nothing — recorded documents cannot be altered

Answer

Correct the certificate by crossing out the error and initialing

Answer

Destroy the original document and issue a completely new one

Question 3

Under Oregon law, what is the term for the prohibited practice of a notary claiming to have legal expertise they do not possess?

Accepted Answer

Unauthorized practice of law

Answer

Notarial fraud

Answer

Misrepresentation of commission

Answer

Improper identification

Question 4

Which of the following is NOT a ground for revocation or suspension of an Oregon notary commission?

Accepted Answer

Charging a fee of $5 per notarial signature

Answer

Performing a notarial act with no signer present

Answer

Falsifying a notarial certificate

Answer

Failing to notify the Secretary of State of an address change

Question 5

A person was convicted of a felony involving fraud five years ago. Can they obtain an Oregon notary commission?

Accepted Answer

It depends — the Secretary of State considers all relevant factors, but a fraud conviction is a strong negative factor

Answer

No — any felony conviction permanently bars a person from obtaining a notary commission

Answer

Yes — prior criminal convictions are irrelevant to Oregon notary eligibility

Answer

No — fraud convictions carry a 10-year bar identical to the revocation bar

Question 6

An Oregon notary advertises their services in Spanish and uses the title 'Notario.' What law does this potentially violate?

Accepted Answer

Oregon's prohibition on notaries misrepresenting themselves as having immigration or legal expertise

Answer

Oregon's fee schedule regulation for notaries

Answer

The Oregon State Bar's rules on foreign language advertising

Answer

Federal immigration law regulations on document preparation