Chapter 5 of 520% of exam

Prohibited Acts, Fees, and Liability

The limits that keep an Oregon notary impartial: the fee cap, disqualifying conflicts, the ban on the unauthorized practice of law, and the consequences of misconduct.

Maximum fees

Oregon caps notarial fees.

A notarial act is capped at $10, with limited exceptions.
A notary may charge less than the cap or nothing.
Remote and travel arrangements follow additional rules.
Record any fee charged in the journal.

Conflicts and prohibited acts

Impartiality and a willing, identified signer are prerequisites for every act.

A notary may not act with a disqualifying financial or beneficial interest beyond the fee.
Disclosure does not cure a disqualifying interest; the notary must decline.
A notary must refuse when the signer is absent, unidentified, unwilling, or coerced.

Unauthorized practice of law

A non-attorney notary must not cross into legal advice.

Do not give legal advice or interpret a document's meaning.
Do not choose the notarial certificate for the signer.
Do not advertise as a 'notario publico,' which falsely implies legal authority.

Liability and discipline

Misconduct carries consequences for the notary.

Knowingly making a false certificate can bring civil liability and criminal charges.
The Secretary of State may investigate and revoke a commission for cause.
The notary remains personally responsible for harm caused by misconduct.
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