5.1 Prohibited Acts
Key Takeaways
- ORS 194.225 bars a notary from acting where the notary or the notary's spouse is a party or has a direct beneficial interest; such an act is voidable
- ORS 194.350 bars non-attorney notaries from drafting legal records, giving legal advice, or acting as immigration consultants
- Non-attorney notaries may not use the terms 'notario' or 'notario publico' (immigration-fraud prevention)
- False or deceptive advertising about notary powers is prohibited, and non-English ads need a specific disclaimer and fee schedule
- A notary may not withhold access to original records a person provided for a notarial act
Two Statutes, Two Sets of Prohibitions
Oregon does not bundle every prohibited act into one section. The exam tests both. ORS 194.225 (Authority to perform a notarial act) carries the conflict-of-interest ban, and ORS 194.350 (Prohibited acts) carries the unauthorized-practice-of-law (UPL), immigration, advertising, dishonesty, and records-withholding bans. A common trap question miscites the spouse rule to 194.350 — it lives in 194.225.
Conflict of Interest (ORS 194.225)
A notary may not perform a notarial act for a record to which the notary or the notary's spouse is a party, or in which either has a direct beneficial interest. An act performed in violation is voidable — the document is not automatically void, but a court may set it aside.
| Disqualified (refuse) | Permitted (proceed) |
|---|---|
| Notary is buyer, seller, grantor, or grantee | Notary is a salaried employee of a party |
| Notary or spouse inherits under the will | Notary is only a witness |
| Spouse is the named beneficiary | Notary receives the statutory notary fee |
| Notary owns the LLC that is a party | Document benefits the notary's employer only |
Key trap: earning the notary fee (max $10 per act) is not a direct beneficial interest. Being a paid corporate officer who is also a party to the instrument is (OAR 160-100-0610(14)).
Unauthorized Practice of Law (ORS 194.350(1))
A non-attorney notary may not assist in drafting legal records, give legal advice, or otherwise practice law, and may not accept compensation for doing so. The danger zone is the moment a signer asks, "Which form do I need?" or "What does this clause mean?"
| Prohibited | Safe response |
|---|---|
| Choosing acknowledgment vs. jurat for the signer | "You or your attorney must tell me which certificate." |
| Filling blanks on a deed or power of attorney | "I cannot complete the document's content." |
| Explaining the legal effect of a clause | "I can't give legal advice — please ask an attorney." |
Immigration & the 'Notario' Ban
ORS 194.350 forbids a non-attorney notary from acting as an immigration consultant or claiming immigration expertise, and from using "notario" or "notario publico." In many Latin American countries a notario is a highly trained, licensed attorney with broad authority to draft binding instruments, so an immigrant who hears "notario" may reasonably believe the notary can give immigration advice or file petitions. Oregon treats that confusion as a consumer-protection problem, which is why the bar applies even when the notary never intended to deceive.
A notary who is also a licensed Oregon attorney may use the term because, for that person, it is accurate. The exam frames this as an immigration-fraud-prevention rule, so connect the prohibition to the harm it prevents rather than memorizing it as an arbitrary word ban.
Advertising & Withholding Records
False or deceptive advertising is banned. Any advertisement in a language other than English must carry the statutory disclaimer that the notary is not an attorney and cannot give legal advice, plus the fee schedule. Finally, a notary may not refuse to return original records the person provided for the notarial act.
| Acceptable ad | Prohibited ad |
|---|---|
| "Notary Public — $10 per signature" | "Notario publico" |
| "Mobile notary, Portland metro" | "Immigration document help" |
| "Oregon-commissioned notary" | "We prepare your legal forms" |
Worked Example: The Direct-Interest Line
Consider three requests on the same afternoon. First, a coworker asks you to notarize the company's lease where you are merely a salaried clerk and not named in the lease — you may proceed, because an employee with no stake in the instrument has no direct beneficial interest. Second, your sister-in-law asks you to notarize a quitclaim deed transferring a vacation cabin to you and your spouse — you must refuse, because you and your spouse are grantees with a direct beneficial interest under ORS 194.225.
Third, a neighbor asks you to notarize an affidavit and offers you the standard $10 fee — you may proceed, because the statutory fee is compensation for the act itself, not a beneficial interest in the document. The test is always: does the content of the record put money, property, or a legal right into the hands of the notary or the notary's spouse? If yes, decline; if the only thing the notary gains is the notary fee, proceed.
The Withholding Trap
A frequent real-world complaint is a notary who keeps a signer's original record as leverage — for example, refusing to hand back a deed until a disputed bill is paid. ORS 194.350 squarely forbids preventing a person from accessing or recovering the original records they provided for the notarial act. The notary may keep their own journal and copies, but the signer's originals always go back to the signer. On the exam, distinguish the notary's permanent record (the journal entry) from the signer's property (the document itself).
On the Exam
- Spouse / direct interest = ORS 194.225, and the act is voidable, not automatically void.
- UPL, notario, advertising, withholding, dishonesty = ORS 194.350.
- Receiving the $10 notary fee is never a disqualifying interest; being a party who profits is.
- Non-English ads need a disclaimer + fee schedule.
- A notary keeps the journal, but must return the signer's original records.
An Oregon notary is asked to notarize a deed in which the notary's spouse is named as the grantee. Which statute applies and what is the effect on the document?
A signer asks a non-attorney notary, "Should I use a general or limited power of attorney?" What is the correct course?