Part Definitions

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As used in this part:

  1. “Appear” or “appearance” or “personally appear” means:
    1. Appearing physically before a notary public; or
    2. Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state;
  2. “Credential analysis” means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources;
  3. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
  4. “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means;
  5. “Electronic notarial certificate” means the portion of a notarized electronic document that is completed by an online notary public and contains the following:
    1. The online notary public's electronic signature, electronic seal, title, and commission expiration date;
    2. Other information required by the secretary of state in rule concerning the date and place of the online notarization; and
    3. The facts attested to or certified by the online notary public in the particular notarization;
  6. “Electronic seal” means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents;
  7. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document;
  8. “Identity proofing” means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources;
  9. “Notarial act” means the performance by an online notary public of a function authorized under § 8-16-112;
  10. “Online notarization” means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under § 8-16-305;
  11. “Online notary public” means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part;
  12. “Principal” means an individual:
    1. Whose electronic signature is notarized in an online notarization; or
    2. Who appears before and provides an acknowledgement of or takes an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; and
  13. “Remote presentation” means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
    1. Identify the individual seeking the online notary public's services; and
    2. Perform credential analysis.


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