4 questions

Conduct Fees

What is the maximum fee an Oregon notary may charge for a notarial act?

  • a.$2
  • b.$10
  • c.$25
  • d.There is no limit

Oregon caps a notarial act at $10 (with limited exceptions). A notary may charge less or nothing, but never more than the statutory maximum. Remote and travel arrangements are governed by additional rules.ORS 194.400 (fees); Oregon Notary Public Guide

Conduct Fees

When must an Oregon notary refuse to perform a notarial act?

  • a.When the notary has a disqualifying interest, or the signer is absent, unidentified, unwilling, or appears coerced
  • b.Whenever the document is handwritten
  • c.Whenever the signer is elderly
  • d.Whenever the fee is waived

A notary must refuse when they have a disqualifying interest in the transaction, when the signer does not personally appear, when identity cannot be confirmed, or when the signer appears unwilling, confused, or coerced. Impartiality and a competent, willing signer are required.ORS Chapter 194 (Oregon RULONA); Oregon Notary Public Guide

Conduct Fees

May an Oregon notary notarize a document in which the notary has a direct financial interest?

  • a.Yes, if the interest is small
  • b.Yes, for a spouse's business
  • c.No; a notary may not act with a disqualifying financial or beneficial interest beyond the notarial fee
  • d.Yes, if the notary discloses it verbally

A notary must be impartial and may not notarize a transaction in which they hold a financial or beneficial interest beyond the notarial fee. Disclosure does not cure the conflict; the notary must decline and refer the signer to another notary.ORS Chapter 194 (Oregon RULONA); Oregon Notary Public Guide

Conduct Fees

A non-attorney Oregon notary is asked to explain what a document legally means. What should the notary do?

  • a.Give a brief legal opinion
  • b.Advertise as a 'notario publico'
  • c.Refuse to notarize anything
  • d.Decline to give legal advice and refer the signer to an attorney, while still able to perform the notarization

A non-attorney notary may not give legal advice or interpret a document's meaning; that is the unauthorized practice of law. The notary declines to advise, refers the signer to a lawyer, and must not use the misleading title 'notario publico,' but may still perform the notarization itself.ORS Chapter 194 (Oregon RULONA); Oregon Notary Public Guide

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