1. Email: notary.seminar@state.or.usnotary.seminar@state.or.us Call: (503) 986-0511 Tom Wrosch

2. Agenda Applying for a Commission What is a Notary? Responsibilities Consequences of Misconduct Notary Fees & Ads Applying for a Commission What is a Notary? Responsibilities Consequences of Misconduct Notary Fees & Ads After the break: Screen the Signer Notary Journal Notary Certificates Other Resources After the break: Screen the Signer Notary Journal Notary Certificates Other Resources

7. Applying for a Commission Apply Online Online Exam Oath of Office Certificates Purchase a Stamp & Journal Start Notarizing

8. What is a Notary? A notary is “a person of proven integrity appointed by the state to act as an impartial witness.” Proven Integrity State Officer Impartial Witness

9. Employer Notarization Policy (Chapter 2, Page 10) What times the notary will be available. What types of documents. What fees, if any, and where posted. Responsibility for renewal, and procedures. Notarization for colleagues on work premises. Disposition of journal, stamps. Any liability coverage under employer’s insurance. Employer can not control notarizations done after work hours.

10. Notary Public ≠ Notario Publico  An Oregon Notary Public may Take acknowledgements Administer oaths Witness signatures Certify copies of documents not recordable in the public records Verify the signer’s willingness, competence and identity.  Notary Public is usually not a lawyer  One of Tens of Thousands  Fee = $10 per act  A Notario Publico may Be an arbitrator Be a mediator Issue judicial opinions Intervene in judicial proceedings Ensure that documents such as bylaws of companies, wills, deeds, powers of attorney, real estate purchases and establishments of trusts conform to the law Ensure payment of taxes  Notario Publico must be a lawyer  One of Few  Fee = % of the transaction, potentially thousands of dollars

11. No “Notario Publico” in Oregon A non-attorney notary may not: Use the term “notario” or “notario publico” Practice law – give legal advice or draft legal documents, unless you are supervised by an attorney or are a licensed professional regarding that document Act as an immigration consultant or representative Take money for these things Penalties include revocation and civil suit by the individual or the state.

12. Reporting Notarios Secretary of State: http://sos.oregon.gov/business/Pages/complaint-against- notary.aspx http://sos.oregon.gov/business/Pages/complaint-against- notary.aspx Attorney General: https://justice.oregon.gov/complaints/ https://justice.oregon.gov/complaints/ Oregon State Bar (Unauthorized Practice of Law) : http://www.osbar.org/_docs/resources/UPLComplaintForm.pdf http://www.osbar.org/_docs/resources/UPLComplaintForm.pdf Federal Trade Commission: https://ftccomplaintassistant.gov/ https://ftccomplaintassistant.gov/

13. Responsibilities A notary public is responsible for knowing and understanding Oregon laws and administrative rules relating to notaries.

14. Responsibilities to the Commission Tell us about changes, such as: Name – 30 days Address – 30 days Lost/found stamp and journal – 10 days If you can’t be a notary any longer… Move or quit Disqualifying crime Take care of stamp and journal

15. Misconduct is deliberate disobedience of notarial statute or rule. Intentional Misconduct is the negligent behavior that causes a notary to make an error in a notarization or accidentally forgets to do what is required. Unintentional Misconduct

16. Examples of Misconduct Didn’t make the signer appear before the notary. Didn’t identify the signer. Didn’t lock up the notary stamp or journal. Didn’t keep a notary journal.

17. Liability Administrative P enalties up to revocation of commission & fine. Criminal Penalties for criminal actions including fines and imprisonment. Civil Penalties, without limit, for monetary damages.

18. Reasonable Care Is “that degree of care which a person of ordinary prudence would exercise in the same or similar circumstances.” Obey all Laws and Regulations. Good Judgment & Common Sense Errors & Omissions Insurance Bonding

19. Notary Fees 15

20. Advertising All non-attorney Notary advertisements must include a “can’t practice law” statement in the language of the ad. If it won’t fit on a sign, the statement must be prominently displayed or provided before the notarization. A notary public, unless an attorney, may not advertise that he can assist with drafting legal documents or give legal advice. I am not an attorney licensed to practice law. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities. Notarizations Here! $10/act

21. How to Notarize Screen the Signer Jot in the Journal Complete the Certificate

22. How to Notarize Screen the Signer

23. Review the Document Whole Document Journal & Other Requirements Blank Spaces Foreign Language

24. Identify the Signer Personal Knowledge Credible Witness Identification Documents Personal Knowledge Credible Witness Identification Documents 3 Ways to Identify

25. Identification Documents Can be expired up to 3 years from date of notarization. Provisional, Limited Term or Learner’s Permit. Or Non-expired Temporary Driver License or Temporary ID card – 30 days Driver License or DMV issued ID Card Passport or Passport Card U.S. or Foreign Recognized Passport U.S. Military ID CardFederally Recognized Indian Tribe ID Card Picture & Signature U.S. Government Issued ID with: Correctional Facility ID for Inmates

26. Determine the Signer’s Willingness and Awareness of What is Being Signed

27. Reporting Elder Abuse Contact local Aging & People with Disabilities (APD) office or local law enforcement. Or Call 1-855-503-SAFE (7233) to report abuse. Go to www.oregon.gov/dhs/abuse for more info.www.oregon.gov/dhs/abuse Preventing Elder Financial Exploitation https://www.oregonbankers.com/community/elder- exploitation-prevention/

28. How to Notarize Jot in the Journal

29. Notary Journal Requirement Paper or Electronic, or both. Retention Schedule 10 years from date of last notarization. Journal agreement Disclosure Requirement Paper or Electronic, or both. Retention Schedule 10 years from date of last notarization. Journal agreement Disclosure

30. Journal Agreement 160-100-0360 A notary public who has entered into an agreement with his/her employer relating to the employer’s retention and disposal of the notary public’s notarial records following termination of employment pursuant to Chapter 194.300(10) shall retain a written copy of the agreement which may be examined by the Secretary of State upon request. The agreement shall contain at least the following information: (1) Date agreement was entered into; (2) Names of parties to agreement; (3) Terms of agreement, including retention of records by the employer for a period not less than ten years after the date of the last act chronicled in the journal; (4) Signatures of all parties to agreement.

31. Journal Requirements To comply with Oregon Consumer ID Theft Protection Act, type and expiration date only. Take the room you need to adequately document the act. Remember, fees may be taxable income. No thumbprint provision in Oregon. 7/1/14 8:32 a.m. Ack.6/15/14Grant deed Jim Garner 111 Main St. Salem, OR 97301 J. Garner ODL; 8/21/17 32 pages; previously signed $10

32. One person, many appearances Date/Time Of Act Type of Act Date of Document Type of Document Printed Name Contact Address SignatureID Additional Information Fee 1/1/13Ack.1/1/13POA Jane Doe See Pg 2 Line 3 Jane Doe See Pg 2 Line 3 3 Duplicate Originals None

33. One person, many docs Jane Doe Date/Time of Act Type of Act Date of Document Type of Document Printed Name Contact Address SignatureID Additional Information Fee 1/1/13 9:30 AM Ack.1/1/13POA Jane Doe Jane’s Address Jane’s IDNone “ ”Jurat“ ”Contract“ ” Copy“ ” Corp. Resolution “ ” Wit. Sig“ ”Order“ ”

34. How to Notarize Complete the Certificate

35. Notarial Certificates Don’t draft the act. (Guide, Ch. 8, p. 33) Read provided certificate carefully. Notarization = Certificate + Stamp + Signature. Protect loose certificates.

36. Jesse M. Cota lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsd kjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjls dkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsd kjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjls dkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjl State of Oregon County of Benton This record was acknowledged before me on Jan. 14, 2014 by Jesse M. Cota. Thomas E Wrosch Notary Public – State of Oregon Attached to: Grant Deed, signed by Jesse M. Cota, 01/25/13, 1 page. Grant Deed OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017 OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017

37. Components of a Certificate 6 Elements Every Time Venue (State & County = location in jurisdiction) Who Appeared What Act was Performed Date (of notarization) Official Stamp Any color, legible, & reproducible Official Signature

38. State of Oregon County of ______________ On this ____ day of _________ 20__, before me _____________________, a notary public, personally appeared _______________________, personally known to me, or known by ID, to be the person(s) whose name(s) is(are) subscribed to this record, and acknowledged that he(she/they) executed the same. _________________________ Notary Public My Commission expires:_______ OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017 Marion 30thJanuary 14 Thomas Edward Wrosch John Doe Thomas E Wrosch 7/11/17 Filling Out a Certificate

39. Notarial Certificates Acknowledgment (Individual & Representative) Verification Upon Oath or Affirmation (Jurat) Witness of Signature Copy Certification

40. Acknowledgment - Individual “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record. ORS 194.215

41. Acknowledgment - Individual State of Oregon County of Marion This record was acknowledged before me on Jan. 25, 2013, by Chase Houston. Notary Public – State of Oregon OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017 Thomas E Wrosch

42. Acknowledgment - Representative “Acknowledgment …in a representative capacity, [means] that the individual signed the record with proper authority and signed it as the act of the person identified in the record.” ORS 194.215

43. Acknowledgment - Representative State of Oregon County of Jackson This record was acknowledged before me on Jan. 25, 2013, by Jesse Cota as President of Oregon Outfitter’s Corporation. Notary Public – State of Oregon Thomas E Wrosch OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017

44. Verification Upon Oath/Affirmation …means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. ORS 194.215

45. Verification Upon Oath/Affirmation State of Oregon County of Umatilla Signed and sworn to (or affirmed) before me on Jan. 25, 2013, by Ronda L. Wilson. Notary Public – State of Oregon Thomas E Wrosch OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017

46. Witnessing a Signature State of Oregon County of Coos Signed (or attested) before me on Jan. 25, 2013, by Mary E. Warren. Notary Public – State of Oregon OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017 Thomas E Wrosch

47. Copy Certification “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.” ORS 194.230(4)

48. Copy Certification State of Oregon County of Umatilla I certify that this is a true and correct copy of a record in the possession of Grace E. May. Dated Jan. 25, 2013. Notary Public – State of Oregon Thomas E Wrosch OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017

49. Copy Certification Do not certify to copies of recorded documents. Illegal to Copy Oregon Vital Records. Birth, Marriage, Divorce, & Death Certificates. Oregon Center for Health Statistics (971) 673-1190. Do not certify photographs. Exception for some IDs - Driver License, Passport. Do not certify to copies of recorded documents. Illegal to Copy Oregon Vital Records. Birth, Marriage, Divorce, & Death Certificates. Oregon Center for Health Statistics (971) 673-1190. Do not certify photographs. Exception for some IDs - Driver License, Passport.

50. Signature by 3 rd Party “If an individual is physically unable to sign a record … The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import. ORS 194.250

51. Signature by 3 rd Party State of Oregon County of Lincoln Signed before me on Jan. 25, 2013, by Sherman Peabody. Signature affixed by Gladys May at the direction of Sherman Peabody. ___________________ Notary Public – State of Oregon OFFICIAL STAMP THOMAS EDWARD WROSCH NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2017 Thomas E Wrosch

52. Electronic Notarizations Notarization by remote presence – not acceptable Webcam, Skype, phone, etc. First: find a NeNS –compliant vendor Second: notify the Secretary of State. Send example in PDF format. More info: http://sos.oregon.gov/business/Pages/electronic- notarization.aspx http://sos.oregon.gov/business/Pages/electronic- notarization.aspx

53. Certificates Issued by Secretary of State Certificate of Good Standing Certifies that the notary is in good standing. (not attached to a document) Apostille/Authentication Certifies to the Public Official for a foreign government. (attached to a document)

54. American Society of Notaries www.asnotary.org National Notary Association www.nationalnotary.org Notary Forums: LinkedIn, 123Notary.com, etc. Laws and Rules and Guide and more: sos.oregon.gov/business/Pages/resources-aids- notarization.aspx American Society of Notaries www.asnotary.org National Notary Association www.nationalnotary.org Notary Forums: LinkedIn, 123Notary.com, etc. Laws and Rules and Guide and more: sos.oregon.gov/business/Pages/resources-aids- notarization.aspx Other Resources

55. Contact Information Secretary of State, Corporation Division (503) 986-2200 corporation.division@state.or.us www.FilingInOregon.com Subscribe to Notary News Secretary of State, Corporation Division (503) 986-2200 corporation.division@state.or.us www.FilingInOregon.com Subscribe to Notary News