In this part 5:
"Acknowledgment" means a declaration by an individual before a notarial officerthat the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(1.3) [Editor's note: Subsection (1.3) is effective December 31, 2020.] "Audio-video communication" means communication by which an individual is able to see, hear, and communicate with a remotely located individual in real time using electronic means.
(1.7) [Editor's note: Subsection (1.7) is effective December 31, 2020.] "Credential" means a tangible record evidencing the identity of an individual.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic record" means a record containing information that is created, generated,sent, communicated, received, or stored by electronic means.
"Electronic signature" means an electronic symbol, sound, or process attached to orlogically associated with an electronic record and executed or adopted by an individual with the intent to sign the electronic record.
"In a representative capacity" means acting as:
An authorized officer, agent, partner, trustee, or other representative for a personother than an individual;
A public officer, personal representative, guardian, or other representative, in thecapacity stated in a record;
An agent or attorney-in-fact for a principal; or
An authorized representative of another in any other capacity.
"Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a deposition or other sworn testimony, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying a copy, and noting a protest of a negotiable instrument.
"Notarial officer" means a notary public or other individual authorized to perform anotarial act.
"Notary public" means an individual commissioned to perform a notarial act by thesecretary of state.
"Official stamp" means a physical image affixed to a tangible record or an electronicimage attached to or logically associated with an electronic record.
"Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
[Editor's note: Subsection (10.5) is effective December 31, 2020.] "Real-time" or "in real time" means, with respect to an interaction between individuals by means of audio-video communication, that the individuals can see and hear each other substantially simultaneously and without interruption or disconnection. Delays of a few seconds that are inherent in the method of communication do not prevent the interaction from being considered to have occurred in real time.
"Record" means information that is inscribed on a tangible medium or that is storedin an electronic or other medium and is retrievable in perceivable form.
(11.3) [Editor's note: Subsection (11.3) is effective December 31, 2020.] "Remotely located individual" means an individual who is not in the physical presence of the notary public who performs a notarial act under this section.
[Editor's note: Subsection (11.5) is effective December 31, 2020.] "Remote notarization" means an electronic notarial act performed with respect only to an electronic record by means of real-time audio-video communication in accordance with section 24-21-514.5 and rules adopted by the secretary of state.
(11.7) [Editor's note: Subsection (11.7) is effective December 31, 2020.] "Remote notarization system" means an electronic device or process that:
Allows a notary public and a remotely located individual to communicate with eachother simultaneously by sight and sound; and
When necessary and consistent with other applicable law, facilitates communicationwith a remotely located individual who has a vision, hearing, or speech impairment.
(12) "Sign" means, with present intent to authenticate or adopt a record:
To execute or adopt a tangible symbol; or
To attach to or logically associate with the record an electronic symbol, sound, orprocess.
"Signature" means a tangible symbol or an electronic signature that evidences thesigning of a record.
"Stamping device" means:
A physical device capable of affixing to a tangible record an official stamp; or
An electronic device or process capable of attaching to or logically associating withan electronic record an official stamp.
"State" means a state of the United States, the District of Columbia, Puerto Rico,the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(15.5) [Editor's note: Subsection (15.5) is effective December 31, 2020.] "Tamperevident" means the use of a set of applications, programs, hardware, software, or other technologies that will display evidence of any changes made to an electronic record.
"Verification on oath or affirmation" means a declaration, made by an individual onoath or affirmation before a notarial officer, that a statement in a record is true.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, § 2, effective July 1, 2018. L. 2020: (1.3), (1.7), (10.5), (11.3), (11.5), (11.7), and (15.5) added, (SB 20-096), ch. 130, p. 558, § 2, effective December 31.
Editor's note: Section 10(1)(b) of chapter 130 (SB 20-096), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after March 30, 2020.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.