The function of a Notary Public is to check the identity of a person signing a document and be sure they’re signing under their free will. But they are in no way eligible to give you any kind of legal advice unless he/she holds a license to practice law as stated by Oregon State Laws. That being said there’s more to what is considered as legal advice than you think there is.
a). Any Kind of Assistance, Advice or Opinion on Your Documents or Transactions.
What many notaries miss is that providing their view on the record or transaction that’s happening is also known as giving legal guidance, whether those have been their own goals or not which again is not permissible by Oregon State Laws.
b). Any Kind Of Help In Drafting of Documents
Although a Notary Public in Oregon might notarize numerous legal files in the course of rendering his/her service, that doesn’t grant him or her the authority to draft them. Legal records, to hold up in a court of law-enforcement, must always be prepared by a proper attorney.
c). Explaining the consequences of signing a document to the signer
Any queries that the signer might have in respect to the document being notarized ought to be directed at a lawyer or the attorney, therefore, a Notary Public is to refrain from browsing and then explaining the record to the signer if they’re unclear regarding its contents.
d). Notifying You (the Client) The Best Way of Executing the Document or Which Notarial Act Applies
That is another instance which really tends to get missed very often. When notarial instruction isn’t available, the signer may only request that the Notary Public to notarize it without saying which notarial act they would like him or her to execute. As a notary, he or she is permitted to notify you of your choices and what those choices require, however, he or she isn’t permitted to inform which notarial act would suit your situation or goals the best. While providing legal information is obviously prohibited, it’s also prohibited to suggest, directly or otherwise and also it is very much prohibited to collect an attorney’s fees for the services rendered. In fact, many nations have made it illegal to market notary services in a language besides English. It is essential to take into account your needs when looking at options for notary-based services in Oregon, whether you need a notary public or a notary public agent, after which you’re guaranteed to get the correct fit.