Or. Admin. R. 160-100-0140

Current through Register Vol. 63, No. 4, April 1, 2024

Section 160-100-0140 - Notification of Secretary of State of the Use of Electronic Notarization

(1) A notary public who wishes to perform notarial acts with respect to electronic records shall file the following information using the prescribed form with the Secretary of State before such notarization:

(a) Commission name;

(b) Commission number;

(c) Public records address;

(d) Email address;

(e) Name of electronic notarization technology vendor;

(f) Contact information for electronic notarization vendor;

(g) Website for electronic notarization vendor;

(h) A statement under penalty of perjury that the method of electronic notarization meets the July 13, 2011, National Electronic Notarization Standards adopted by the National Association of Secretaries of State. For the purposes of this statement, the notary may rely on an electronic notarization vendor's declaration that the technology does meet these standards; and

(i) An exemplar of a notarized record that includes the notary's official stamp, the electronic notarial signature, and the electronic notarial certificate. The exemplar shall be a generic sample and not an actual notarized private record.

(2) The example provided in section (1) of this rule must be an electronic file submitted in a PDF format.

(3) In addition to any other technologies used in attaching the electronic notarial signature, the signature must include a graphic reproduction of the notary's handwritten signature on file with the Secretary of State.

(4) In addition to any other technologies and information the notary's official stamp, as evidenced by an official Certificate of Authorization issued by the Secretary of State, shall be logically associated with the notarial certificate and underlying record.

(5) The notice under this rule shall be emailed to the Secretary of State using the form provided to the notary public.

(6) Once information is received and approved by the Secretary of State, a confirmation will be sent to the notary to verify approval.

Or. Admin. R. 160-100-0140

SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0140; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13; CORP 1-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020; CORP 1-2021, amend filed 02/18/2021, effective 2/18/2021

Statutory/Other Authority: ORS 194.305 & ORS 194.360

Statutes/Other Implemented: ORS 194.305 & HB 4212 (2020)