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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