Key Takeaways
- Oregon notaries can perform six types of notarial acts under ORS Chapter 194
- An acknowledgment confirms the signer signed willingly and is who they claim to be
- A jurat (verification on oath) requires the signer to swear the document contents are true
- Oaths and affirmations are legally equivalent - affirmations do not reference a Supreme Being
- The notary must always determine signer identity before performing any notarial act
Types of Notarial Acts
Oregon notaries perform notarial acts under ORS Chapter 194, the Revised Uniform Law on Notarial Acts. Understanding each type is essential for the exam.
Six Types of Notarial Acts
| Notarial Act | Purpose | Key Requirement |
|---|---|---|
| Acknowledgment | Confirms signer's identity and voluntary signature | Signer appears before notary |
| Oath | Verbal pledge of truthfulness | Signer swears on penalty of perjury |
| Affirmation | Same as oath, without religious reference | Alternative for those who object to oaths |
| Verification on Oath (Jurat) | Certifies document contents are true | Signer signs AND swears before notary |
| Witnessing a Signature | Notary observes signing | Signature must occur in notary's presence |
| Copy Certification | Certifies copy matches original | Original document must be presented |
Acknowledgment
An acknowledgment is the most common notarial act. The signer:
- Appears before the notary in person
- Is identified by the notary
- Confirms they signed willingly
- Confirms the signature is theirs
Important: The signer does NOT need to sign in front of the notary for an acknowledgment. They can sign beforehand but must appear and acknowledge the signature.
Oath vs. Affirmation
| Oath | Affirmation |
|---|---|
| References "so help me God" or Supreme Being | No religious reference |
| Traditional form | Alternative for those who object |
| Same legal effect | Same legal effect |
| Exposes oath-taker to perjury | Exposes affirmant to perjury |
Key Point: Oregon law requires notaries to offer an affirmation as an alternative when administering oaths.
Verification on Oath (Jurat)
A jurat combines two elements:
- The signer takes an oath/affirmation that the document is true
- The signer signs in the notary's presence
Unlike an acknowledgment:
- Jurat requires signing IN FRONT of the notary
- Jurat includes an oath about document truthfulness
- Acknowledgment only verifies identity and willingness
Certificate Language
Oregon provides short form certificate language in ORS 194.285:
Acknowledgment Certificate:
"This record was acknowledged before me on (date) by (name(s) of individual(s))."
Jurat Certificate:
"Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)) making statement."
On the Exam
- Know the difference: Acknowledgment vs. jurat
- Signing location: Jurats require signing in notary's presence; acknowledgments do not
- Oath/Affirmation: Legally equivalent, affirmation is the alternative
- Perjury exposure: Oaths and affirmations subject the person to perjury penalties
Which notarial act requires the signer to sign the document in the notary's presence?
What is the legal difference between an oath and an affirmation in Oregon?