Secretary of State Notary Education Seminar

Secretary of State Notary Education Seminar

NOTARY SEMINAR Secretary of State Corporation Division 503-986-2200 [email protected] Heather Wilson Email: [email protected] Call: (503) 986-2332 Agenda Notarizing at Work Protecting Yourself

Protecting Others Journaling Witnesses Break! Agenda Acts & Certificates Electronic Notarization The Notary Business Other Questions/Concerns Notarizing at Work Employer Notarization Policy

(Notary Public Guide, Chapter 2) What times the notary will be available. What types of documents. What fees, if any, and where posted. Responsibility and procedures for renewal.

Notarization for colleagues on work premises. Security & disposition of journal & stamp. Any liability coverage under employers insurance. Employer can not control notarizations done after work hours. Putting it in Place Deliberate Decide on your policies and procedures ahead of time. Educate Everyone should understand whats required.

Cooperate Work with others to make it work. Goal: Proper Notarizations Done Efficiently Protecting Yourself Grey Areas = Grey Hairs Ask! Take Reasonable Care Assess Your Risk You can always say, No.

But They Insist! Show Your Backup Stand your Ground Give em options Appeal to a Higher Power Document, document, document Journal Entry proves Reasonable Care. Take your time, take the space. Write legibly. Describe the unusual. Protecting Others

Financial Exploitation Improper use of anothers resources for personal gain. Use notaries to drain accounts and take property. Proven financial abuse cases: 831 (2012) to 1,188 in (2015.)* 54% abused by family member or spouse.* Report it! 44:1 cases to reports.* * 2015 Annual Report Watch Out For

Likely documents POAs, Property Deeds and Titles Troubled situation Signer medical condition, family issues, urgency Signer issues Lethargy, confusion, uninterested, not speaking, outside pressure Talk with the signer Send others away, if necessary Take your time

General conversation that may wander Ask open-ended questions Why are we here today? Its okay to say, No. Be sensitive to privacy, situation Reporting Elder Abuse Contact local Aging & People with Disabilities (APD) office or local law enforcement. Or Call 1-855-503-SAFE (7233) Or click on www.oregon.gov/dhs/abuse Preventing Elder Financial Exploitation www.oregonbankers.com/preventing-elderfinancial-exploitation-toolkit.html

Notary Public An Oregon Notary Public may Take acknowledgements Administer oaths Witness signatures Certify copies of documents not recordable in the public records Verify the signers willingness, competence and identity. Notary Public is usually not

a lawyer One of Tens of Thousands Notario Publico A Notario Publico may Be an arbitrator Be a mediator Issue judicial opinions Intervene in judicial proceedings Ensure that documents such as bylaws of companies, wills, deeds, powers of attorney, real estate purchases and

establishments of trusts conform to the law Ensure payment of taxes Notario Publico must be a lawyer One of Few Fee = % of the transaction, No Notario Publico in Oregon A non-attorney notary may not: Use the term notario or notario publico Practice law give legal advice or draft legal documents, unless you are supervised by an attorney or are a licensed professional regarding that document

Act as an immigration consultant or representative Take money for these things Penalties include revocation and civil suit by the individual or the state. Advertising All non-attorney Notary advertisements must include a cant practice law statement in the language of the ad. If it wont fit on a sign, the statement must be

prominently displayed or provided before the notarization. Notarizations Here! I am not an attorney licensed to practice law. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities. $10/act

I-9 Form What: Employee identity and employment eligibility. Why: Notaries = experts at verifying identity. Dont notarize it. Do follow instructions as a regular citizen. Document it elsewhere. Journaling Witnesses Credible Witness John Jones has had his wallet stolen but needs to get a Limited Power of Attorney notarized.

His friendly neighbor will help. Credible Witness Witness identifies Signer Notary identifies Witness ID or knowledge Witness is credible through Oath Do you solemnly (swear)(affirm), under penalties of perjury, that you personally know this person as _____________________, that he/she is the person named in the document, and that you have no financial interest in and are not a party to this

transaction (so help you, God)? Journal: Credible Witness Date/Time of Act Type of Act Doc. Date Doc. Type

Printed Name Contact Address Signature ID Additional Info Fee Marla May 01/16/2017

10:30 a.m. Oat h N/A N/A 2468 Neighborly Ln Yourtown, OR 97888

Marla May John Jones 01/16/2017 10:30 a.m. Ack 01/16/201 7

Limited POA 2458 Neighborly Ln Yourtown, OR 97888 John Jones ODL 5/21/2 023

Marla May, Credibl e Witnes s Credible Witness for John Jones $10 $10

N/A Signature by 3 Party rd If an individual is physically unable to sign a record The notarial officer shall insert Signature affixed by (name of other individual) at the direction of (name of individual) or words of similar import. ORS 194.250

3 Party Signature rd Sherman Peabody broke his arm fixing the WayBack Machine. Jenny will help him sign the insurance form. Signature by 3 Party rd State of Oregon County of Lincoln Signed before me on Jan. 25, 2017, by Sherman Peabody. Signature affixed by Jenny James at the direction of

Sherman Peabody. Heather S Notary Public State of Oregon Wilson ___________________ OFFICIAL STAMP HEATHER SUE WILSON NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2020 Journal: 3rd Party Signature

Date/Time of Act Type of Act 01/25/2017 N/A 11:30 a.m. Doc. Date

N/A Doc. Type N/A Printed Name Contact Address Jenny James 2200 Neighborly Ln Yourtown, OR 97888

01/25/2017 11:30 a.m. Witnes s 01/25/1 7 Insuranc e claim Sherman Peabody 2220 Neighborly Ln

Yourtown, OR 97888 Signature Jenny James Sherm an Peabo dy by Jenny James

ID Additional Info Signer ODL for 7/4/2023 Sherman Peabody Fee N/C

$10 US Passport 1/11/202 5 N/A Break! Acts & Certificates Notarial Acts

Scenario 1: Certificate is Provided Determine the Act. Its your statement; conform it to the law Its your statement; make it true. Which Act? appeared and acknowledged before me Individual Acknowledgment Which Act? signed by ____ as _______ for ___

Acknowledgment in Representative Capacity Which Act? Subscribed and sworn Jurat (verification of oath or affirmation) Which Act? signed and attested before me Witness Signature

Which Act? true and correct copy of _____________ in the possession of. Certified Copy Which Act? and executed said instrument Witness Signature Which Act? upon the oath of Jurat

Which Act? signed and acknowledged before me Acknowledgment (hybrid) Components of a Certificate 6 Elements Every Time Filling Out a Certificate State of Oregon Klamath

County of _____________ On this ____ 20__, 7th day of _________ 17 before Sept. me_____________________ , a notary public, personally appeared Heather Sue Wilson _______________________, personally known to me, or known by John Doe ID, to be the person(s) whose name(s) is(are) subscribed to this

record, and acknowledged that he(she/they) executed the same. OFFICIAL STAMP HEATHER SUE WILSON NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2020 Heather S Notary Public Wilson My Commission expires:_______ 7/11/20

Foreign Language Document in a foreign language Document in English AND a foreign language Options

Network Internet Consulate Translation? Scenario 2: No Certificate Provided Which Act am I Witnessing? Match Certificate to Act Apply to Document Certificates

Just watch me sign: Witness Signature Copy my award letter: Copy my birth cert Certified Copy My companys contract: Representative

Acknowledgment Affidavit: Verification of Oath/Affirmation Grant Deed lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj

fsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsd kjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjl sdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsd kjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjl sdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjl Sandra L. Brown

State of OREGON County of Marion This record was acknowledged before me on (date) December (name(s)) of individual(s) 12, 2015 by Sandra Brown. Heather S. Wilson

_____________________ Notary Public - State of Oregon Offi ci al Stamp OFFICIAL STAMP HEATHER SUE WILSON NOTARY PUBLIC-OREGON COMMISSION NO. 123456 MY COMMISSION EXPIRES JULY 11, 2020 Document Description

This certificate is attached to page - 1- of a Grant Deed (title or type of document), dated December 12, 2015 , consisting of -1- pages. Grant Deed OFFICIAL STAMP HEATHER SUE WILSON NOTARY PUBLIC-OREGON COMMISSION NO. 123456

MY COMMISSION EXPIRES JULY 11, 2020 State of OREGON lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj County of _Marion___________ fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj This record was acknowledged before me on (date) December 12, 2015 by fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj (name(s)) of individual(s) _ Sandra L. Brown_.

fsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsd kjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjl sdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl _____________________ sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj Notary Public - State of Oregon fsdkfjsldkfjsldkjflsk lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjlsdkjfl Offi ci al Stamp sdkfjlsdkfjlsdfjlsdkfjsldfjlsdkfjlsdkfjlsdkfjlsdkj fsdkfjsldkfjsldkjflsklkasdjflksdjflsdkjflsdkjflsd kjfsldkfjldskfjlsdkjflsdkfjlsdkfjlsdfjlsdkfjsldfjl

OFFICIAL STAMP HEATHER SUE WILSON sdkfjlsdkfjlsdkfjlsdkjfsdkfjsldkfjsldkjflsk NOTARY PUBLIC-OREGON COMMISSION NO. 123456 lkasdjflksdjflsdkjflsdkjflsdkjfsldkfjldskfjl MY COMMISSION EXPIRES JULY 11, 2020 Thomas Heather S Wilson Sandra L. Brown Document Description

Notarial Certificate This attached. certificate is attached to page -1-_ of a __Grant Deed_ (title or type of document), dated _December 12, 2015 , consisting of -1-_ pages. Hybrid Certificates and Wrong Certificates Jurat & Acknowledgment ASSIGNMENT OF DEED OF TRUST FOR VALUE RECEIVED, The undersigned hereby grants, assigns and transfers to Oregon Board of Housing, whose address is PO Box 20000, Portland, OR, all beneficial interest under that certain Deed of Trust dated 1/7/2016, executed by John Q Public and Susie Q Public, Grantors, to

ABC Bank, Trustee, recorded on . Together with the note or notes described or referred to, the money due or to become due thereon with interest, and all rights accrued or to accrue to the said beneficiary under said Trust Indenture. Dated: _________________ XYZ BANK OF OREGON _________________________ ________________________ Robert Smith, VP Mary Johnson, VP Where STATE OF OREGON County of ____________________

When Who What Act On this _______________, before me, the undersigned, a Notary Public in and for the State of Oregon, personally appeared ________________________ and ____________________, to me personally known or identified by satisfactory evidence, being duly sworn by me did say that he/she is the _________________________ and _______________________ of the corporation named herein which executed the within instrument, that said instrument was signed and sealed on behalf of the corporation pursuant to its by-laws or a resolution of its Board of Directors and that he/she acknowledges said instrument to be the free act and deed of the corporation. ____________________________ Notary Public

Jurat /Acknowledgment State of Oregon County of Multnomah On this 12th day of May, 2016, George Johnson appeared before me and did swear/affirm that he/she acknowledged his/her signature on the attached document freely and willingly. __________________________________________________ Notary Public Signature/Acknowledgment State of Oregon County of _______

On the ____ day of __________, 20___, there appeared ____________, who freely and willingly subscribed and acknowledged h__ signature before me. __________________ _________________ Notary Public Commission Expires Where? ASSIGNMENT What?!?

The undersigned Notary Public certifies that he knows that the corporation, ________________ ____________________, is a company legally organized and existing in accordance with the laws of Virginia, USA, and that ___________________________, who signs in its name and Who? stead is the companys president and has full authority to assign trademark registrations, slogans, commercial names, patents, utility models, industrial designs and application thereof belonging to the company. Finally, the undersigned Notary Public certifies that the present Deed of Assignment complies fully with the requirements under the laws of the state of ___________________________. When? _________________________________ Notary Public

ID VERIFICATION CERTIFICATE On __________________, in the State of ______________________________, County of When? Where? __________________________, ________________________________________ personally Who? appeared and submitted to me, __________________________________________. What?!?

I attest under penalty of perjury, that I have examined the documents listed below. These documents were presented by the above-named person and appear to be genuine and relate to the person. Please list the IDs that were presented to you below: ____________________________ ____________________________ ____________________________ Witness my hand and seal: _________________________________ Notary Public Date

___________________________________ State of California California Certificate County of __________________ On __________________ before me, ________________________, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________ (Notary Seal) Signature of Notary Public Electronic Notarizations = Notarization by remote presence Webcam, Skype, phone, etc. - not acceptable

The Process 1. Presence. 2. Screen. 3. Sign: Document. 4. Sign: Journal. 5. Certificate. 6. Stamp and Sign. 7. Send. Examples Registration First: find a NENS compliant vendor

Second: notify the Secretary of State. Send example in PDF format. More info: www.sos.oregon.gov/business/ Pages/electronic-notarization.aspx The Notary Business NSA & Mobile Notary Mobile Notary notary willing to travel Notary Signing Agent mobile notary specializing in loan document signings Independent contractor

Fees through lender and title companies, not signer Notary + Business Owner Private certification is available: NNA, 123Notary.com, et al. Things to Remember Job 1: Notarize properly Get training Run your business well Proper licenses, registration, taxes, insurance Market and network Get organized: records, supplies, tools

Get help: Business Xpress, SBDC Other Resources American Society of Notaries www.asnotary.org National Notary Association www.nationalnotary.org Notary Forums: LinkedIn, 123Notary.com Laws and Rules and Guide and more: www.sos.oregon.gov/business/Pages/resourcesaids-notarization.aspx

Contact Information Secretary of State Corporation Division 503-986-2200 [email protected] Subscribe: Notary News

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