Oregon Senate Bill 765 (“SB 765”) provides permanent provisions that allows notaries to perform notarial acts using communication technology for remote online notarizations. SB 765 became effective on June 15, 2021, prior to the expiration of temporary legislation passed during the pandemic. In June 2020, the Oregon legislature passed House Bill 4212 to meet urgent needs related to COVID-19. This included provisions that legalized remote online notarizations, with some set to expire on June 30, 2021.
Changes to the previous provisions include the addition of new section §194.400(1) which provides that a notary may now charge up to a $25 fee for a notarial act that is performed remotely using communication technology. An in-person notarization only allows for a fee of up to $10 per notarial act. In addition, SB 765 makes permanent a provision that allows a county clerk to accept for recording a tangible copy of an electronic record if it contains a notarial certificate satisfying requirements and is certified by the notary to be an accurate copy of the electronic record. (ORS § 194.305).
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