How does the notarization process work?
he Notary Public must fill in the notarial certificate, record the transaction in a journal, complete all required signatures and apply his or her seal to finalize the notarization. It is required that the signer of the document be present at the time of notarization. The Notary may ask questions to the signer to establish willingness and awareness of the transaction. The Notary Public must also identify the signer by asking to see a current identification document, which must contain a photograph, physical description and a signature. The Notary Public must check for a driver’s license, state ID, passport or US military identification issued within the last 5 years. The notary must check the document for missing information, blank spaces, and ensure that the signer completes the document before it is notarized.
What types of identification are valid?
All forms of identification must be current or issued within 5 years.
Valid forms of identification in the State of Oregon include:
What if I do not have a valid id?
If the signer of a document does not have a valid ID, one or two credible identifying witnesses must be present at the signing of all documents. One credible witness is acceptable when the Notary Public and the signer both know the witness through personal knowledge.
This witness must meet the following four requirements:
Why do I need to notarize documents?
The notarization process makes a public record in the notarial journal and detects or deters document fraud. This process does not prove any truth to statements and does not legalize or validate a document. A public notary ensures that the person signing documents agrees to the terms of the documents or has vouched under oath or affirmation that the contents of the document were true.
Is notarization required by law?
Majority of the documents are required by law to be notarized. Certain affidavits, deeds and powers of attorney cannot receive legal binding unless they are notarized. However, certain documents for private entities and individuals do not require notarization but can be notarized for protection from fraud.
Can notarization legalize or validate a document?
No. Notarization does not make a document true or legal. Notarization ensures that the signer acknowledges to the Notary that he or she signed the document or vouched under oath or affirmation that the contents of the document were true.
Can you provide legal advice or prepare legal documents?
No, a Notary Public is forbidden to prepare legal documents or provide legal advice unless he or she is an attorney. Violators will be prosecuted for unauthorized practice of the law.
Can you notarize any document?
All documents that contain text committing a signer, an original signature of the signer, or a notarial certificate which appears on the document or on an attachment can be notarized.
Can Notaries refuse service to people?
A notary can refuse service only if her or she is uncertain of a signer’s identity, willingness, mental awareness, or has reason to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer.
Are you bonded and has your background been checked?
Yes, we bonded and undergo background screenings. All notaries are also required to be bonded in order to protect the public from negligent mistakes or dishonest acts performed by the notary.