Acknowledgments
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Acknowledgments allow the signer of a document to verify that the signature on a document is the signature of the individual. An acknowledgment declares that the signer personally appeared before the notary, was properly identified by the notary, and freely declares the signature on the document to be their own signature.
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There are many forms of acknowledgments, but they all say basically the same thing, “I did, of my own free will, sign this document.” By witnessing to that statement, the notary shows that the signer:
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Personally appeared before the notary.
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Was positively identified by the notary.
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Freely and willingly acknowledged his or her signature.
An acknowledgment does not have to be signed in the notary’s presence unless the language on the certificate requires that (“subscribed/signed before me”). If the certificate indicates the notary witnesses the signing, then the document must be re-signed before the notary, even if it had been previously signed. It is permissible to notarize a document that was signed several years ago, as long as the document has an original signature. It is not permissible for the document to be signedafter the notarization.
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There are two primary types of acknowledgment—Acknowledgment in an Individual Capacity and Acknowledgment in a Representative Capacity.
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An Acknowledgment in an Individual Capacity is a statement by a person that the individual has signed a record for the purpose stated in the record, ORS 194.215(1). The signer must personally appear, acknowledge that they willingly and knowingly signed the document, and the notary must identify the person as the one who did indeed sign. The signature may be made before or during, but not after, the notarization.
Verification upon Oath or Affirmation (Jurats)
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The purpose of this type of notarization, sometimes known as a jurat, is to compel truthfulness in the signer. A jurat is a declaration made by an individual on oath or affirmation that a statement on a record is true. The notary must require that the signer personally appear, verbally swear the oath or affirm to the truth, and sign before the notary. An oath is a solemn pledge of truthfulness to a Supreme Being; an affirmation is a solemn personal pledge of honor that something is true. Both carry the penalty of perjury if forsworn.
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By notarizing this type of certificate, the notary shows that the signer:
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Personally appeared before the notary.
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Was positively identified by the notary.
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Took an oath/affirmation before the notary.
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Freely and willingly signed before the notary.
A verbal oath/affirmation can be a notarial act in its own right, as when a public official is sworn into office ORS 194.215(11). A verification of oath/affirmation is a written notarial act in which a notary public certifies that a person made a vow in the presence of the notary public on penalty of perjury. ORS 194.215(19).
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An oath cannot be done on behalf of someone else, including a corporation.
Oaths cannot be given over the telephone. The oath-taker must be in the physical presence of the notary.
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A person who objects to taking an oath may instead make an affirmation, the legal equivalent that does not refer to a Supreme Being. By taking an oath or affirmation in an official proceeding, a person may be subject to criminal penalties for perjury, should they fail to be truthful.
Witnessing or Attesting a Signature
Witnessing or attesting a signature is like an acknowledgment, except that the signer must sign before the notary. Also, take note that the signer must re-sign the document in the notary public’s presence if the document has already been signed. A notation in the notarial journal should be made indicating that the signer re-signed the document in front of the notary.
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By notarizing this type of certificate, the notary shows that the signer:
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Personally appeared before the notary.
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Was positively identified by the notary.
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Freely and willingly signed before the notary.
Typically the certificate says, “signed or attested”, or “subscribed before me.”
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There are documents that may require more than one signature to be notarized. If all the signers are present at the time of the notarization, one certificate listing all the signers may be used. If the signers are appearing before the notary public at different times, a separate certificate is required for each notarial act. ORS 194.280(a)(d).
Copy Certification
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A notary public may also certify or attest to a copy of a document. For this type of notarization, the notary officer must determine that the copy being certified is “a full, true, and accurate transcription or reproduction of the record or item.” ORS 194.230(4).
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In this case, the signer is not stating anything about the document, the notary is. It is vital that the notary make the copy or carefully oversee its making. In addition, the transcription or reproduction must be a full (including the margins!), true, and accurate copy. For this reason, it is best to photocopy the document. A certified copy does not have to be made from an original if the certificate does not specify “original document.” It may be a copy of a copy. If a notary knowingly makes a copy of a photocopy, the certificate wording “a copy of a photocopy” may be used. Personal appearance is required by the person requesting the certified copy.
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Notaries should not copy public records that are certified by a custodian of records, such as a county clerk. Certified copies are available from the agencies in charge of those records. If an individual wishes you to certify a copy of their articles of incorporation, for example, refer them to the Corporation Division, which has the articles of incorporation on record. It is illegal to make copies, or to certify to copies of Oregon birth or death certificates and marriage or divorce decrees, according to Oregon Revised Statutes Chapter 432.380 (15) and Oregon Administrative Rule 333-011-0335(7). To obtain certified copies of records from the Oregon Center for Health Statistics (vital records) call (971) 673-1190.
However, some records may be copied, such as the Oregon Driver’s License, U.S. Passports, most professional licenses, diplomas, certificates, letters, etc., because copies of these documents cannot be obtained otherwise. Check to see if the document has a “Do Not Copy” warning on it, or call the agency in question.
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A photograph cannot be notarized. No photograph is a full, true, and accurate reproduction, and it does not have the elements of a document: a personal statement by the constituent and the constituent’s signature. The notary public may notarize a statement about the photograph. After the notarial certificate is completed, one may use the official notary stamp a second time so that it overlaps the photograph and the paper it is attached to (be careful not to cover the face on the photo). This is a protection device which allows the receiving agency to know that the photograph is the one attached to the document at the time of notarization
Please note the following examples of the types of notarial acts are provided from the most recent edition of the Oregon Notary Guide. We will not go outside of what is and is not stated in the guide. Depending on the types of acts requested there are certain criteria that must be met (signed in notary presence or witness needed). These are just a handful of examples for YOU to decide the type of act you need performed. We cannot guide you with making these decisions as we are not attorneys. Please see included link for any questions not mentioned on our website. https://sos.oregon.gov/business/documents/notary-guide/notary-guide.pdf