Plain Text Law

Regulation .01 Definitions.

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following words have the meanings indicated.
B.
Terms Defined.
(1)
“Acknowledgment” means a declaration by an individual before a notarial officer that:
(a)
The individual has signed a record for the purpose stated in the record; and
(b)
If the record is signed in a representative capacity, the individual signed the record with proper authority, and signed it as the act of the individual or entity identified in the record.
(2)
“Affirmation” means a solemn statement of truth, made under penalty of perjury before a notary public.
(3)
“Communication technology” means an electronic device or process that:
(a)
Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(b)
When necessary, under and consistent with other applicable law, facilitates communication between a notary public and a remotely located individual who has a vision, hearing, or speech impairment.
(4)
Notarial Act.
(a)
“Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of the State.
(b)
“Notarial act” includes:
(i)
Taking an acknowledgment;
(ii)
Administering an oath or affirmation;
(iii)
Taking a verification on oath or affirmation;
(iv)
Witnessing or attesting a signature;
(v)
Certifying or attesting a copy; and
(vi)
Noting a protest of a negotiable instrument.
(5)
“Notarize” means to perform a notarial act with respect to a record.
(6)
“Notarization” means the act of notarizing.
(7)
“Oath” means a sworn solemn statement of truth made under penalty of perjury by an individual who believes in and appeals to a Divine Being to evidence the seriousness of the individual's actions or words.
(8)
“Original notarial act” means the completion of a single notarial act involving one record.
(9)
“Remote notarial act” means a notarial act performed by a notary public for a remotely located individual using communication technology.
(10)
“Remote online notary vendor” is a company that provides communication technology primarily used to facilitate a notarial act for a remotely located individual and the technology offered by the vendor includes identity proofing and credential analysis that the notary public may use when required by law to identify a remotely located individual.
(11)
“Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act.
(12)
“Verification on oath or affirmation” means a declaration made by an individual on oath or affirmation before a notarial officer that a statement in a record is true or that a remotely located individual has the identity claimed.