Sec. 01.02.08.01. Definitions

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 used to facilitate a notarial act for 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.