Requires more information to be included on a certificate of a notarial act and certain other documents.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2952
Sponsored by Representative NELSON; Senators FREDERICK, JAMA (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act says that more data needs to be included on a some documents. The Act lets
a county clerk not accept a document that may be fraudulent. (Flesch Readability Score: 74.0).
Requires more information to be included on a certificate of a notarial act and certain other
documents.
Authorizes a county clerk to refuse to accept a document that has any characteristic suggesting
it may be fraudulent.
A BILL FOR AN ACT
Relating to documents; creating new provisions; and amending ORS 87.018, 194.280, 194.285, 205.160,
205.232 and 205.234.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 194.280 is amended to read:
194.280. (1) A notarial act must be evidenced by a certificate. The certificate must:
(a) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be
signed in the same manner as on file with the Secretary of State;
(b) Identify the type of document that is the subject of the notarial act, if any, and the
number of pages included in the document;
[(b)] (c) Identify the jurisdiction in which the notarial act is performed;
[(c)] (d) Contain the title of office of the notarial officer;
[(d)] (e) Contain the name of the person for whom the notarial act is performed and, if appli-
cable, the representative capacity of the person for whom the notarial act is performed ; and
[(e)] (f) If the notarial officer is a notary public, indicate the date of expiration, if any, of the
officer’s commission.
(2) The notarial officer may subsequently correct any information included on or omitted from
the certificate.
(3) Except as provided in subsection (8) of this section, if a notarial act regarding a tangible
record is performed by a notary public, an official stamp must be affixed to the certificate. If a
notarial act regarding a tangible record is performed by a notarial officer other than a notary public
and the certificate contains the information specified in subsection (1)(a) to [ (d)] (e) of this section,
an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record
is performed by a notarial officer and the certificate contains the information specified in subsection
(1)(a) to [ (d)] (e) of this section, an official stamp may be attached to or logically associated with
the certificate.
(4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) to
(3) of this section and:
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2854
HB 2952
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(a) Is in a short form set forth in ORS 194.285;
(b) Is in a form otherwise permitted by the law of this state;
(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was
performed; or
(d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the re-
quirements of the notarial act as provided in ORS 194.230, 194.235 and 194.240 or law of this state
other than this chapter.
(5) By executing a certificate of a notarial act, a notarial officer certifies that the officer has
complied with the requirements and made the determinations specified in ORS 194.225, 194.230,
194.235 and 194.240.
(6) A notarial officer may not affix or attach the officer’s signature to, or logically associate it
with, a certificate until the notarial act has been performed.
(7) If a notarial act is performed regarding a tangible record, a certificate of a notarial act must
be part of or securely affixed to the record. If a notarial act is performed regarding an electronic
record, the certificate must be attached to or logically associated with the electronic record. If the
Secretary of State by rule has established standards pursuant to ORS 194.360 for affixing, attaching
or logically associating the certificate, the process must conform to the standards.
(8) The imprint of the official stamp of a notary public is not required to effectuate a
notarization of a subdivision or partition plat required under ORS 92.010 to 92.192 or a condominium
plat required under ORS 100.115, or any replat, supplement or amendment thereto, if the following
appear below the notary public’s signature:
(a) The printed name of the notary public;
(b) The words “NOTARY PUBLIC - OREGON”;
(c) The words “COMMISSION NO.” immediately followed by the notary public’s commission
number; and
(d) The words “MY COMMISSION EXPIRES” immediately followed by the date the notary
public’s commission expires, expressed in terms of the month, by name not abbreviated, two-digit
date and four-digit year.
SECTION 2.
ORS 194.285 is amended to read:
194.285. The following short form certificates of notarial acts are sufficient for the purposes in-
dicated, if completed with the information required by ORS 194.280 (1) to (3):
_______________________________________________________________________________________
(1) For an acknowledgment in an individual capacity:
State of
County of
This [ record] (document type) containing pages was acknowl-
edged before me on (date) by (name(s) of individual(s)) , Title(s) of
individual(s): .
Signature of notarial officer:
Stamp (if required):
Title of office:
My commission expires:
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(2) For an acknowledgment in a representative capacity:
State of
County of
This [ record] (document type) containing pages was acknowl-
edged before me on (date) by (name(s) of individual(s)) , Title(s) of
individual(s): , as (type of authority, such as officer or trustee) of
(name of party on behalf of whom record was executed) .
Signature of notarial officer:
Stamp (if required):
Title of office:
My commission expires:
(3) For a verification on oath or affirmation:
State of
County of
Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s))
making statement .
Signature of notarial officer:
Stamp (if required):
Title of office:
My commission expires:
(4) For witnessing or attesting a signature:
State of
County of
Signed (or attested) before me on (date) by (name(s) of individual(s))
.
Signature of notarial officer:
Stamp (if required):
Title of office:
My commission expires:
(5) For certifying or attesting a copy of a record:
State of
County of
I certify (or attest) that this is a true and correct copy of a record in the possession of
.
Dated
Signature of notarial officer:
Stamp (if required):
Title of office:
My commission expires:
_______________________________________________________________________________________
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SECTION 3.
ORS 205.160 is amended to read:
205.160. (1) The county clerk shall keep a direct general index and an indirect general index in
the office of the clerk.
(2) The direct general index shall contain, but need not be limited to, the following:
(a) Date and time of reception.
(b) Names of grantors.
(c) Names of grantees.
(d) Nature or type of instrument.
(e) Volume and page where recorded or the instrument number.
(f) Remarks.
(g) Brief description of tract.
(h) To whom delivered.
(i) Fees received.
(3) The clerk shall make correct entries in the direct general index of every instrument recorded
under the appropriate heading, entering the names of the grantors in alphabetical order.
(4) The indirect general index shall contain, but need not be limited to, the following:
(a) Date and time of reception.
(b) Names of grantees.
(c) Names of grantors.
(d) Nature or type of instrument.
(e) Volume and page where recorded or the instrument number.
(f) Remarks.
(g) Brief description of tract.
(h) Parcel identification number, which shall be of a kind selected for use in the county
by the county clerk in consultation with the county assessor.
(i) Names and, if applicable, commission numbers of notaries public.
(5) The clerk shall make in the indirect general index correct entries of every instrument re-
quired by law to be entered in the direct general index [ direct], entering the names of the grantors
in alphabetical order.
(6) Whenever any mortgage, bond, judgment or other instrument has been released or discharged
from record, or by recording a deed or lease, the clerk shall immediately note in both the direct
general index and the indirect general index under the column headed “Remarks,” and opposite the
appropriate entry, that such instrument has been satisfied.
(7) In lieu of both the direct general index and the indirect general index a county clerk may
use a data processing device or computer to provide a combined index to books or records defined
in law that shall contain the following:
(a) Date and time of reception.
(b) Names of grantees.
(c) Names of grantors.
(d) Nature or type of instrument.
(e) Recording number.
(f) Brief description of tract.
(g) To whom delivered.
(h) Fees received.
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(i) When available, a reference to the instrument being released or discharged.
(j) Such other information as the county clerk may require.
(8) The county clerk shall provide public access to the combined index and otherwise meet
[the] applicable requirements of ORS chapter 192.
SECTION 4.
ORS 205.232 is amended to read:
205.232. (1)(a) Except as provided in ORS 205.327, a county clerk shall not accept any instru-
ment for recording unless the text of the instrument is typed, written or printed in 10-point type or
larger on paper that is not larger than 14 inches long and 8-1/2 inches wide and which paper is of
sufficient quality for recording photographically.
(b) [ However, this section ] Paragraph (a) of this subsection does not apply to out-of-state
notarial acts or to certified copies of public records presented to a county clerk for recording.
(2) A county clerk may refuse to accept a document that has any characteristic sug-
gesting it may be fraudulent.
SECTION 5. ORS 205.234 is amended to read:
205.234. (1) When an instrument is presented to a county clerk for recording, the first page of
the instrument must contain at least:
(a) The names of the transactions as required in ORS 205.236;
(b) The names of the persons described in ORS 205.125 (1)(a) and (b) and 205.160;
(c) The person to whom and, for mailing purposes only, the address to which the instrument will
be delivered as provided in ORS 205.180;
(d) For instruments that convey or contract to convey fee title to real estate and for memoranda
of the instruments, the true and actual consideration paid for the transfer as required by ORS
93.030;
(e) For instruments that convey or contract to convey fee title to real estate, the tax statement
information required by ORS 93.260;
(f) For instruments that convey or establish an interest in real estate, the parcel iden-
tification number for the affected parcel.
[(f)] (g) For instruments recorded in the County Clerk Lien Record, the information described
in ORS 205.125 (1)(c) and (e); and
[(g)] (h) For instruments that assign a mortgage or trust deed, the name and address of the
assignee mortgagee or assignee trust deed beneficiary.
(2)(a) Notwithstanding ORS 205.327, if an instrument presented for recording does not contain
the information required by subsection (1) of this section, a cover sheet may be prepared that con-
tains the required information. The person that presents the instrument for recording shall prepare
the cover sheet. The cover sheet may be attached to the instrument and must be recorded as a part
of the instrument.
(b) Any errors in the cover sheet do not affect the transactions contained in the instrument.
(c) The cover sheet need not be separately signed or acknowledged.
SECTION 6.
ORS 87.018 is amended to read:
87.018. (1) Except as provided in ORS 87.093, all notices required under ORS 87.001 to 87.060
and 87.075 to 87.093 must be in writing and be delivered in person or by registered or certified mail.
(2) A notice that must be given under ORS 87.001 to 87.060 or 87.075 to 87.093 to a mortgagee
must be delivered to the mortgagee only if the name and address of the mortgagee appear in a
mortgage of record or a trust deed of record as required under ORS 205.234 (1)(b) or in the instru-
ment that assigns a mortgage or trust deed as required under ORS 205.234 [ (1)(g)] (1)(h).
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SECTION 7.
The amendments to ORS 194.280 and 194.285 by sections 1 and 2 of this 2025
Act apply to notarial acts performed on or after the effective date of this 2025 Act.
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