Key Takeaways
- Notaries cannot notarize documents in which they or their spouse have a direct interest
- Non-attorney notaries cannot use "notario" or "notario publico" (immigration fraud prevention)
- Notaries cannot give legal advice or help draft legal documents unless they are attorneys
- False or deceptive advertising about notary powers is prohibited
- Withholding documents from persons requesting notarial services is prohibited
Prohibited Acts
Oregon law under ORS 194.350 specifically prohibits certain actions by notaries. Understanding these prohibitions is critical for the exam and proper practice.
Conflict of Interest Prohibitions
A notary may NOT perform a notarial act if:
| Prohibition | Explanation |
|---|---|
| Notary is a party | Document names the notary |
| Spouse is a party | Document names notary's spouse |
| Notary has direct interest | Notary benefits financially |
| Spouse has direct interest | Spouse benefits financially |
Result: A notarial act performed in violation of these rules is voidable.
What is "Direct Beneficial Interest"?
| Has Interest | No Interest |
|---|---|
| Notary is buyer/seller | Notary is employee of company |
| Notary inherits under document | Notary is witness only |
| Notary receives payment from document | Notary receives notary fee |
| Spouse is named beneficiary | Transaction is for notary's employer |
Note: Receiving a notary fee does NOT create a prohibited interest.
"Notario" Prohibition
Oregon law specifically addresses immigration fraud:
| Prohibited | Allowed |
|---|---|
| Using term "notario" | Using "notary public" |
| Using term "notario publico" | Using "Oregon notary" |
| Implying immigration authority | Explaining notary limitations |
| Advertising immigration services | Referring to immigration attorneys |
Background: In many Latin American countries, a "notario" is a licensed attorney. Non-attorney notaries in the U.S. cannot use this term to avoid misleading immigrants.
Unauthorized Practice of Law
Non-attorney notaries may NOT:
| Prohibited Activity | Why |
|---|---|
| Give legal advice | Unauthorized practice of law |
| Help fill out legal forms | May constitute legal advice |
| Recommend which document to use | Legal judgment required |
| Explain legal effect of documents | Requires legal training |
| Prepare legal documents | Attorney function |
| Represent others in legal matters | Attorney function |
Exception: Notaries who are also licensed attorneys may provide legal services within their attorney role.
Advertising Restrictions
Notaries may NOT engage in:
- False advertising about their services
- Misleading claims about powers or authority
- Implying powers they do not have
- Advertising unauthorized services
Acceptable Advertising
| OK | Not OK |
|---|---|
| "Notary Public services" | "Legal document services" |
| "Mobile notary available" | "Immigration help" |
| "Notarizations - $10" | "Notario publico" |
| "Oregon commissioned notary" | "Full legal services" |
Document Withholding Prohibition
A notary may NOT withhold access to or possession of:
- Original documents provided by the person
- Any records provided for notarization
Exception: Unless otherwise allowed by law.
On the Exam
- Conflict of interest: No documents involving self or spouse
- Notario prohibited: Cannot use term if not attorney
- No legal advice: Applies to non-attorney notaries
- Voidable act: Conflict of interest makes act voidable
Can an Oregon notary notarize a document in which their spouse is named as a beneficiary?
Why are non-attorney notaries prohibited from using the term "notario publico"?