ORS 194.385
Powers of notary public connected with corporation

  • limitations

(1)

A notary public who is a shareholder, director, officer, employee, member or partner of a business entity may:

(a)

Take the acknowledgment of any party to any written instrument executed to or by the business entity; or

(b)

Administer an oath to any other shareholder, director, officer, employee, member or partner of the business entity or to any agent of the business entity.

(2)

A notary public may not take the acknowledgment of an instrument executed to or by a business entity of which the notary public is a shareholder, director, officer, employee, member or partner, if the notary public is a party to the instrument, either individually or as a representative of the business entity.

(3)

As used in this section:

(a)

“Business entity” means a financial institution, trust company, corporation, professional corporation, cooperative, limited liability company, nonprofit corporation, partnership, limited liability partnership or limited partnership.

(b)

“Financial institution” has the meaning given that term in ORS 706.008 (Additional definitions for Bank Act).

(c)

“Trust company” has the meaning given that term in ORS 706.008 (Additional definitions for Bank Act). [2013 c.219 §36 (enacted in lieu of 194.100)]

Source: Section 194.385 — Powers of notary public connected with corporation; limitations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors194.­html.

Notes of Decisions

Under former similar statute (ORS 194.100)

On reconsideration legislature did not intend taxpayer action under this section to be “tort” within meaning of Oregon Tort Claims Act. Burt v. Blumenauer, 87 Or App 263, 742 P2d 626 (1987)

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
Green check means up to date. Up to date

Current through early 2024

§ 194.385’s source at oregon​.gov