ORS 194.360
Rules


(1)

Subject to ORS chapter 183, the Secretary of State may adopt rules to implement this chapter. Rules regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification.

(2)

The rules may:

(a)

Prescribe the manner of performing notarial acts regarding tangible and electronic records;

(b)

Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;

(c)

Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or electronic signatures;

(d)

Prescribe the process of granting, conditioning, denying, suspending or revoking a commission as a notary public and ensuring the trustworthiness of an individual holding a commission as a notary public;

(e)

Include provisions to prevent fraud or mistake in the performance of notarial acts;

(f)

Provide for the administration of the examination and the course of study under ORS 194.325 (Examination of notary public); and

(g)

Otherwise carry out the purposes of this chapter.

(3)

In adopting, amending or repealing rules regarding the performance of notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this chapter:

(a)

The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;

(b)

Standards, practices and customs of other jurisdictions that substantially enact the Revised Uniform Law on Notarial Acts; and

(c)

The views of governmental officials and entities and other interested persons. [2013 c.219 §26]
194.205
Short title
194.215
Definitions
194.225
Authority to perform notarial act
194.230
Requirements for certain notarial acts
194.235
Personal appearance required
194.240
Identification of individual
194.245
Authority to refuse to perform notarial act
194.250
Signature if individual unable to sign
194.255
Notarial act in this state
194.260
Notarial act in another state
194.265
Notarial act under authority of federally recognized Indian tribe
194.270
Notarial act under federal authority
194.275
Foreign notarial act
194.277
Notarial act performed for remotely located individual
194.280
Certificate of notarial act
194.285
Short form certificates
194.290
Official stamp
194.295
Stamping device
194.300
Journal
194.305
Notification regarding performance of notarial act with respect to electronic records
194.315
Commission as notary public
194.325
Examination of notary public
194.340
Grounds to deny, revoke, suspend or condition commission of notary public
194.345
Database of notaries public
194.350
Prohibited acts
194.355
Validity of notarial acts
194.360
Rules
194.365
Application fee
194.370
Investigation of applicant
194.375
Protest of commercial paper
194.380
Record of protest
194.385
Powers of notary public connected with corporation
194.390
Disposition of records on vacancy in office
194.395
Recovery and disposition of fines
194.400
Fees for notarial acts
194.405
Action for damages or injunction
194.415
Attorney General to investigate or prosecute violation
194.425
Disposition of moneys
194.435
Uniformity of application and construction
194.440
Relation to Electronic Signatures in Global and National Commerce Act
194.800
Short title
194.805
Definitions
194.810
Applicability
194.815
Validity of unsworn declaration
194.820
Required medium
194.825
Form of unsworn declaration
194.830
Uniformity of application and construction
194.835
Relation to Electronic Signatures in Global and National Commerce Act
194.980
Civil penalties
194.985
Official Warning to Cease Violation
194.990
Criminal penalties
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