Your Notary Pro

Notary Services

Acknowledgment in an Individual Capacity is a declaration by an individual before a notary that the individual has signed a record for the purpose stated in the record. ORS 194.215(1). The signer must personally appear, acknowledge that he or she willingly and knowingly signed the document, and the notary must identify him or her as the one who did indeed sign. The signature may be made before, but not after, the notarization.

Acknowledgment in a Representative Capacity is similar to the individual acknowledgment, but “…the individual signed the record with proper authority and signed it as the act of the person identified in the record.” ORS 194.215(1). There are many types of representatives, including: officers or agents signing on behalf of a corporation or other business entity; partners or trustees; guardians or personal representatives; and attorneys-in-fact.

Verification upon Oath or Affirmation is a written declaration made by an individual on oath or affirmation that a statement in a record is true. This is also known as a jurat, and may be part of an affidavit. The notary must require that the signer personally appear, verbally swear to the oath or affirm to the truth, and sign before the notary. A verification of oath/affirmation is a written notarial act in which a notary public certifies that a person made a vow in the presence of the notary public on penalty of perjury. ORS 194.215(19).

Witnessing or Attesting a Signature is when the document is signed in the presence of the notary. The notary determines that the individual appearing before the notary, and signing the document has the identity claimed. (Note that this certificate differs from an acknowledgment in that there is no statement of execution of a document and the signature must be signed in the presence of the notary, whereas an acknowledgment does not have to be.) ORS 194.280(a)(d).

Certifying to a Copy of a Document is where the notary determines that the copy is “a full, true and accurate transcription or reproduction of the record or item.” ORS 194.230(4). It is important to note that the notary is responsible for the faithful reproduction of the original. Notaries should not copy public records; certified copies are available from the agencies in charge of those records. It is illegal, for example, to certify to copies of Oregon birth or death certificates. ORS 194.230(4).

Exceptions

Please note the following exceptions:

1. A notary cannot notarize documents that have already been signed.
2. In accordance with Oregon State Law, a notary cannot perform Copy Certification of public documents ex: birth certificate, marriage certificate, death certificates. A notary may not certify copies of deeds, mortgages, or any other document that has been recorded with a county clerk, any local, state, or federal government agency, the Secretary of State, or any other such entity. Notaries cannot certify copies of immigration records, school transcripts, or any document for which certified copies can be obtained from some other official. You must visit the State-issuing offices for these services.
3. Non-attorney notaries public must not give legal advice nor prepare legal documents.
4. A notary may not suggest or select notarial certificates for people. Rather, the notary performs a particular notarization at the direction of the requesting individual.
5. A notary may refuse to perform notorial acts if there are questionable issues, such as a possibly tampered ID card, the signer seems confused about the document or coerced to sign, etc.