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.