OR Notary Remote Online Notarization in Oregon 2 — Questions and Answers
Question 1: Which Oregon statute authorizes Remote Online Notarization in Oregon?
- ORS 84.001 (Electronic Signatures Act)
- ORS 194.216 (Oregon Revised Uniform Law on Notarial Acts, RON provisions) (Correct answer)
- ORS 105.315 (Real Property Transfer Act)
- ORS 7.110 (County Clerk Recording Requirements)
Correct answer: ORS 194.216 (Oregon Revised Uniform Law on Notarial Acts, RON provisions)
Oregon's RON authority is found in ORS 194.216 and related provisions of Oregon's Revised Uniform Law on Notarial Acts.
Oregon's authorization for Remote Online Notarization is found within ORS Chapter 194, which governs all notarial acts in the state. The RON provisions specify the technical requirements, identity verification standards, recording obligations, and platform requirements for remote notarizations. Understanding which statute governs RON is important because it defines the boundaries of lawful remote notarization practice and the consequences for non-compliance.
Question 2: If an Oregon RON session is interrupted by a technical failure mid-notarization, what should the notary do?
- Complete the notarization based on the partial session
- Stop the notarization, restart a new compliant session, and complete the act properly (Correct answer)
- Proceed via telephone to finish the session
- Mark the incomplete session as complete in the journal and issue the certificate
Correct answer: Stop the notarization, restart a new compliant session, and complete the act properly
If a technical failure prevents completion of a compliant RON session, the notary must stop, re-establish the required technology connection, and begin a new compliant session.
The integrity of a RON session depends on continuous, compliant audio-visual communication throughout the identity verification and notarial act process. If a session is interrupted by technical failure and the required two-way audio-visual connection cannot be immediately restored, the notary must stop. If the act cannot be properly completed, the notary should start a new compliant session. The notary should never complete a certificate based on a partial or interrupted session that did not fully comply with all RON requirements, as this would create an invalid notarization.
Question 3: In Oregon RON, who is responsible for retaining the required audio-visual recording of the notarial session?
- The signer who requested the notarization
- The Oregon Secretary of State's office
- The notary who performed the remote online notarization (Correct answer)
- The escrow company or attorney facilitating the transaction
Correct answer: The notary who performed the remote online notarization
The notary who performs the RON is responsible for retaining the audio-visual recording for the required period.
Under Oregon's RON law, the notary who performs the remote online notarial act is responsible for ensuring the audio-visual recording is made and retained for at least 10 years. While RON platforms may offer storage solutions, the notary remains responsible for compliance. If a platform shuts down or loses records, the notary could face liability if they did not independently preserve the recording. Notaries should understand their platform's data retention policies and may want to retain independent copies of recordings.
Question 4: Which of the following best describes 'credential analysis' in Oregon RON identity verification?
- The signer verbally describes their ID to the notary
- Technology used to verify the authenticity of the signer's government-issued ID (Correct answer)
- A background check on the signer's employment history
- The notary visually examining the ID on video
Correct answer: Technology used to verify the authenticity of the signer's government-issued ID
Credential analysis involves using technology to verify the authenticity and validity of a signer's government-issued identification document.
Credential analysis is one of the identity verification methods required in Oregon RON. It uses specialized technology to examine a digital image or scan of the signer's government-issued ID and verify characteristics such as security features, format consistency, and data accuracy. This is more reliable than a notary simply looking at an ID on a video screen. Combined with knowledge-based authentication (KBA), credential analysis provides robust identity verification that addresses the security challenges of remote notarization.
Question 5: Which documents may generally NOT be notarized through Oregon's Remote Online Notarization process?
- Loan closing documents
- Wills (in most circumstances) and certain estate planning documents (Correct answer)
- Real estate deeds
- Power of attorney documents
Correct answer: Wills (in most circumstances) and certain estate planning documents
Wills and certain testamentary documents may have specific execution requirements (such as two witnesses present simultaneously) that cannot typically be satisfied through standard RON procedures.
Oregon's will execution statute requires that a will be signed in the presence of two witnesses who must also be present simultaneously. While RON can handle many document types, the specific requirements for valid wills — including simultaneous witness presence — may not be fully compatible with all RON setups. Some states have addressed this through specific legislation allowing remote will execution, but this remains a complex area. Notaries should be aware that not all documents are appropriate for RON and should consult applicable law for specific document types.
Question 6: What must an Oregon notary's electronic seal include when used in RON?
- Only the notary's name and commission number
- The notary's name, commission expiration date, and state of Oregon designation (Correct answer)
- A color photograph of the notary
- The notary's personal address and phone number
Correct answer: The notary's name, commission expiration date, and state of Oregon designation
An Oregon notary's electronic seal for RON must include the notary's name, commission expiration date, and identification as an Oregon notary.
An Oregon notary's electronic seal used in RON must include the same core identifying information as a physical seal: the notary's name as commissioned, the state of Oregon designation, the notary's commission expiration date, and identification as a notary public. This information allows recipients to verify the commission's validity. The seal does not need to include a photo, personal address, or phone number. Tamper-evident technology must be applied so the seal cannot be fraudulently reproduced or misused.
OR Notary Remote Online Notarization in Oregon 2
Which Oregon statute authorizes Remote Online Notarization in Oregon?