OR Notary Signer Identification and Acknowledgment 2 — Questions and Answers
Question 1: What information must an Oregon notary verify before completing an acknowledgment?
- That the document is legally binding under Oregon law
- The signer's identity and that the signer executed the document voluntarily (Correct answer)
- That the document has been reviewed by an attorney
- That all parties to the document are present simultaneously
Correct answer: The signer's identity and that the signer executed the document voluntarily
For an acknowledgment, the notary must verify the signer's identity and that the signer voluntarily executed the document.
An Oregon notary performing an acknowledgment must confirm two things: the identity of the signer (through personal knowledge, acceptable ID, or a credible witness) and that the signer voluntarily executed the document. The notary does not need to read the document, verify its legal effect, ensure it is accurate, or confirm other parties are present. The signer must acknowledge their signature in the notary's presence, meaning they confirm it is their signature made of their own free will.
Question 2: Which of the following documents could an Oregon notary accept as satisfactory evidence of identity?
- A current U.S. passport (Correct answer)
- A Social Security card
- A credit card with the signer's name
- A birth certificate
Correct answer: A current U.S. passport
A current U.S. passport is a government-issued document with a photograph and signature, meeting Oregon's identification requirements.
A current U.S. passport satisfies Oregon's identification requirements because it is issued by a government authority, contains a photograph, and includes the holder's signature. Social Security cards, credit cards, and birth certificates are not acceptable under Oregon's notary standards because they either lack a photograph or are not designed as primary identity verification documents. The key criteria are: government-issued, current (not expired), with a photograph, and with a signature.
Question 3: May an Oregon notary notarize a document signed by a person who is not physically present at the time of notarization?
- Yes, as long as the notary knows the signer personally
- No, the signer must appear before the notary either in person or via authorized RON technology (Correct answer)
- Yes, if the signer's signature has already been applied to the document
- Yes, if two witnesses observed the original signing
Correct answer: No, the signer must appear before the notary either in person or via authorized RON technology
Oregon requires the signer to appear before the notary in person or via authorized remote online notarization technology — not merely have previously signed the document.
One of the most fundamental rules of notarial practice is that the signer must personally appear before the notary at the time of the notarial act. It is not sufficient that the notary knows the signer or that witnesses observed the signing elsewhere. The signer must either be physically present or appear via approved two-way audio-visual technology (RON). Notarizing a document when the signer is absent is a serious violation of Oregon notary law and could constitute fraud.
Question 4: When an Oregon notary takes an acknowledgment, what does the signer formally 'acknowledge'?
- That the document was prepared by a licensed professional
- That they signed the document and that the signature is their own free act (Correct answer)
- That all information in the document is true and correct
- That the notary has verified the document's legal sufficiency
Correct answer: That they signed the document and that the signature is their own free act
In an acknowledgment, the signer formally acknowledges that the signature on the document is their own and was made voluntarily.
When a signer acknowledges a document before an Oregon notary, they are formally declaring that the signature on the document is their own and that they signed it voluntarily. The signer is not swearing that the document is accurate or legally sufficient. The notary's certificate reflects this: it states that the named person appeared, was identified, and acknowledged the execution of the document. This process is different from a jurat, where the signer swears to the truth of the document's contents.
Question 5: An Oregon notary is asked to notarize a document for someone who cannot provide any identification and is unknown to the notary. What should the notary do?
- Proceed if the person signs in the notary's presence
- Refuse to perform the notarial act unless a credible witness is provided (Correct answer)
- Notarize the document and note the lack of ID in the journal
- Ask the signer to provide two references instead of an ID
Correct answer: Refuse to perform the notarial act unless a credible witness is provided
Without satisfactory evidence of identity through personal knowledge, acceptable ID, or a credible witness, the notary must refuse to proceed.
If a notary cannot verify a signer's identity through personal knowledge, a current government-issued photo ID, or a credible witness, Oregon law does not allow the notary to proceed with the notarial act. Simply witnessing the signing does not substitute for identity verification. The notary should politely explain that identification is required and suggest that the signer return with appropriate documentation or a credible witness. Proceeding without proper identification violates Oregon notary standards and could expose the notary to liability.
Question 6: Under Oregon law, what does it mean for a signer to 'appear' before a notary?
- The signer's name appears on the document
- The signer is physically present or connected via authorized real-time audio-visual technology (Correct answer)
- The signer has mailed a signed copy of the document to the notary
- The signer has designated a representative to appear on their behalf
Correct answer: The signer is physically present or connected via authorized real-time audio-visual technology
Appearing before a notary means being physically present with the notary or connected via approved real-time two-way audio-visual technology for RON.
Under Oregon's Revised Uniform Law on Notarial Acts, 'appearing before a notary' means the signer is either physically present at the same location as the notary or, for remote online notarization, is present in real time via two-way audio-visual communication that allows the notary to both see and hear the signer. This ensures the notary can visually confirm identity, observe the signing, and interact with the signer. Mailing a signed document or sending a representative does not satisfy the appearance requirement.
OR Notary Signer Identification and Acknowledgment 2
What information must an Oregon notary verify before completing an acknowledgment?