2.1 Types of Notarial Acts

The Statutory Menu of Acts

Oregon notaries operate under ORS Chapter 194, the state's enactment of the Revised Uniform Law on Notarial Acts (RULONA). ORS 194.215 defines each act, and the exam draws its wording almost verbatim from these definitions. Memorize the precise statutory language rather than informal descriptions.

A notarial act is any act a notary is authorized to perform that establishes facts about a record or a person's statement. Oregon recognizes the following:

Acknowledgment

Under ORS 194.215, an acknowledgment means a declaration by an individual before a notarial officer that the individual signed a record for the purpose stated in the record. If signed in a representative capacity, the individual also declares they signed with proper authority as the act of the person identified.

The signer does not have to sign in front of the notary. They may sign at home and later appear to acknowledge it. The notary determines the signer's identity and confirms the signature on the record is theirs (ORS 194.230).

Verification on Oath or Affirmation (Jurat)

A verification on oath or affirmation — commonly called a jurat — is a declaration, made on oath or affirmation before a notarial officer, that a statement in a record is true. Two things must happen in the notary's presence:

1. The signer signs the record, AND
2. The signer takes a verbal oath or affirmation that the contents are true.

Affidavits and sworn statements use jurats; deeds and powers of attorney use acknowledgments.

Oath vs. Affirmation

An oath is a solemn verbal pledge referencing a Supreme Being ("so help you God"); an affirmation is the secular equivalent. Both expose the declarant to perjury prosecution for false statements. They are legally interchangeable.

Short-Form Certificate Language (ORS 194.285)

• Acknowledgment: "This record was acknowledged before me on (date) by (name(s) of individual(s))."
• Jurat: "Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)) making statement."

Worked Example: Reading the Document

Suppose a client brings a one-page "Affidavit of Lost Title" that ends with the line "subscribed and sworn before me." Those signal words — sworn, affidavit, subscribed — tell you the document needs a jurat, not an acknowledgment. You will require the signer to sign in front of you and verbally affirm the statement is true.

Now contrast a warranty deed ending with "acknowledged before me." That document needs an acknowledgment: no oath, and the signer may have signed it last week. The exam tests this by giving you a fact pattern and asking which act applies. Train yourself to scan the closing certificate block for the trigger words rather than guessing.

A third example: a parent wants you to certify that a photocopy of their child's privately written letter matches the original. That is copy certification, which involves neither a signer's declaration nor an oath — only your comparison of copy to original. Three documents, three different acts, each defined by ORS 194.215.

Identity Comes First, Always

No matter which act is requested, ORS 194.230 and 194.240 require the notary to first determine the identity of the individual through personal knowledge or satisfactory evidence. There is no notarial act in Oregon that skips identity. If you cannot establish who the person is, you decline the act regardless of how harmless it seems. This identity-first principle is woven through every question in this chapter, so treat it as the default starting step.

Common Traps

• A jurat is NOT just "a notarized signature." It requires both a witnessed signing and a verbal oath. Skipping the spoken oath invalidates the act.
• The notary never decides which act applies — the document or the client requests it. If unsure, the notary asks the client; the notary does not silently choose an act to protect the signer's intent or convenience.
• "Notarize" is not a statutory act. Identifying the correct underlying act — acknowledgment, jurat, witnessing, or copy certification — is the exam's single favorite distractor.
• Noting a protest is a real authorized act but is almost never performed by commissioned notaries today; recognize it on a list but do not confuse it with the four common acts.