9B.2 Definitions.
In this chapter:
1. “Acknowledgment” means a declaration by an individual before a notarial officer that 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.
2. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
3. “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
4. “In a representative capacity” means acting as any of the following:
a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
c. An agent or attorney-in-fact for a principal.
d. An authorized representative of another in any other capacity.
5. “Instrument affecting real property” means a written instrument conveying or encumbering real property including an instrument affecting real estate as defined in section 558.1 or any similar instrument provided in chapter 558.
6. “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 verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
7. “Notarial officer” means a notary public or other individual authorized to perform a notarial act.
8. “Notary public” means an individual commissioned to perform a notarial act by the secretary of state.
9. “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
10. “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.
11. a. “Personal appearance” means an act of a party to physically appear within the presence of a notarial officer at the time the notarial act is performed.
b. Except as provided in section 9B.14A, “personal appearance” does not include appearances which require video, optical, or technology with similar capabilities.
12. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
13. “Remote facilitator” means a person who participates in performing a notarial act under section 9B.14A, by doing any of the following:
a. Providing communication technology used by a public notary or remotely located individual.
b. Creating, transmitting, or retaining audio-visual recordings on behalf of a notary public.
14. “Sign” means, with present intent to authenticate or adopt a record, to do any of the following:
a. Execute or adopt a tangible symbol.
b. Attach to or logically associate with the record an electronic symbol, sound, or process.
15. “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
16. “Stamping device” means any of the following:
a. A physical device capable of affixing to or embossing on a tangible record an official stamp.
b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
17. “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.
18. “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.
2012 Acts, ch 1050, §2, 60; 2012 Acts, ch 1138, §46, 77; 2019 Acts, ch 44, §2, 3, 11
2019 enactment of subsections 5 and 13 and amendment to subsection 11, paragraph b, take effect July 1, 2020; 2019 Acts, ch 44, §11
NEW subsection 5 and former subsections 5 – 11 renumbered as 6 – 12
Subsection 11, paragraph b amended
NEW subsection 13 and former subsections 12 – 16 renumbered as 14 – 18