top of page
oregon.png

In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in Oregon?

Yes, a notary public in the State of Oregon must maintain a notary journal.

 

“Except as provided in subsection (11) of this section, a notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (ORS 194.300[1]).

Journal format

Paper/hardbound or electronic journal acceptable

 

"A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, regardless of whether those notarial acts are performed for tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the Secretary of State” (ORS 194.300[2]).

 

“(3) In an electronic notarial journal, the signature of the signer must be: “(a) Attached to or logically associated with the electronic journal. “(b) Linked to the data in such a manner that any subsequent alterations to the electronic notarial journal are detectable and may invalidate the electronic journal entry” (OAR 160-100-0210).

Journal entry requirements

  • "An entry in a journal…must contain the following information:

  • (a) The date and time of the notarial act;

  • (b) A description of the record, if any, and type of notarial act;

  • (c) The full name and contact address of each individual for whom the notarial act is performed;

  • (d) If identity of the individual is based on personal knowledge, a statement to that effect;

  • (e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of expiration of any identification credential;

  • (f) The signature of each individual for whom the notarial act is performed; and

  • (g) The fee, if any, charged by the notary public” (ORS 194.300[3]).

Journal retention

10 years

 

"The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (ORS 194.300[1]).

What happens to the journal upon resignation or death?

"On expiration, resignation, or suspension of a Notary Public’s commission, the Notary must retain the journal for 10 years after the performance of the last notarial act chronicled in the journal" (ORS 194.300[6]).

 

“On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative, guardian, conservator or trustee or any other person knowingly in possession of the notary public’s journal shall transmit the journal to the Secretary of State” (ORS 194.300[8]).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Oregon?

Yes, notaries in the State of Oregon are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes

“A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act” (Ch. 12 of 2020, Sec. 20[3][c])

What is the retention period for RON recordings?

10 years

 

“Records of a remote online notarization must be retained in a safe and secure manner for ten years following the date of the notarization. Records must be available to the Secretary of State upon request” (OAR 160-100-0855[4]).

Do I have to log RON sessions in a journal?

Yes, Oregon law requires the notary to log the RON session in their journal

 

“Actions completed as part of a remote online notarization act must be recorded in an electronic notary journal, which may be provided by the remote online notarization vendor” (OAR 160-100-0210[5]).

Journal format

Paper/hardbound or electronic journal acceptable

 

"A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, regardless of whether those notarial acts are performed for tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the Secretary of State” (ORS 194.300[2]).

 

“(3) In an electronic notarial journal, the signature of the signer must be: “(a) Attached to or logically associated with the electronic journal. “(b) Linked to the data in such a manner that any subsequent alterations to the electronic notarial journal are detectable and may invalidate the electronic journal entry” (OAR 160-100-0210).

Journal entry requirements

  • "An entry in a journal…must contain the following information:

  • (a) The date and time of the notarial act;

  • (b) A description of the record, if any, and type of notarial act;

  • (c) The full name and contact address of each individual for whom the notarial act is performed;

  • (d) If identity of the individual is based on personal knowledge, a statement to that effect;

  • (e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of expiration of any identification credential;

  • (f) The signature of each individual for whom the notarial act is performed; and

  • (g) The fee, if any, charged by the notary public” (ORS 194.300[3]).

RON recordings upon death?

“A notary public, a guardian, conservator, trustee or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection (3)(c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of this section, the recording must be maintained for a period of at least 10 years after the recording is made” (Ch. 12, 2020, Sec. 20[6]).

Repositories

  1. “A remote online notary public may contract with a remote online notarization vendor to provide such storage if the remote online notarization vendor:

  2. (a) has provided reasonable evidence to the remote online notary public that it is capable of providing such services; and

  3. (b) provides complete access to the remote online notary public of all the remote online notary’s records for an agreed period of time. If the contract between the remote online notary public and the remote online notarization vendor is terminated, all records must be transferred to the remote online notary public” (OAR 160-100-0215[3]).

Reference Links

Helpful resources for Oregon Notaries

  1. Oregon Notary Law

  2. Oregon Notary Public Handbook

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

bottom of page