Chapter 63 Oregon Laws 2001

 

AN ACT

 

SB 184

 

Relating to notaries public; creating new provisions; and amending ORS 194.031.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 194.031 is amended to read:

          194.031. (1) The official seal of a notary public shall be a stamp made of rubber or some other substance capable of making a legible imprint on paper in black ink. The imprint must legibly reproduce under photographic methods.

          (2) The Secretary of State shall adopt rules prescribing the size and form of the imprint of the official seal to promote uniformity, legibility and permanency.

          (3) Except as provided in subsection (4) of this section, the attempt to notarize an instrument required to be notarized shall be of no effect unless it bears an imprint of the official seal of the notary who performed the notarization made in the manner required under subsections (1) and (2) of this section.

          (4) The imprint of the official seal of a notary public shall not be required to effectuate a notarization of a subdivision or partition plat required under ORS 92.010 to 92.190 or a condominium plat required under ORS 100.115, or any replat, supplement or amendment thereto, if the following appear below the notary's signature:

          (a) The printed name of the notary public;

          (b) The words “NOTARY PUBLIC - OREGON”;

          (c) The words “COMMISSION NO.” immediately followed by the notary public's commission number; and

          (d) The words “MY COMMISSION EXPIRES” immediately followed by the date the notary public's commission expires, expressed in terms of the month, by name not abbreviated, two-digit date and complete year.

          [(4)] (5) Upon delivery of an official seal to a notary public, the notary public shall cause an imprint of the official seal to be filed in the office of the Secretary of State, together with any other information that is by rule required. The filing shall be done in the manner and within the time prescribed by rule.

          [(5)] (6) Any notary whose official seal is lost, misplaced, destroyed, broken, damaged or that is otherwise unworkable shall immediately mail or deliver written notice of that fact to the Secretary of State. The Secretary of State shall issue a Certificate of Authorization which the notary public may use to obtain a replacement seal.

          [(6)] (7) A seal embosser may be used as an adjunct to the official seal. The use of the seal embosser shall be in compliance with any rules adopted by the Secretary of State.

 

          SECTION 2. The amendments to ORS 194.031 by section 1 of this 2001 Act apply to notarizations occurring on or after the effective date of this 2001 Act.

 

Approved by the Governor April 10, 2001

 

Filed in the office of Secretary of State April 10, 2001

 

Effective date January 1, 2002

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