41-351
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41-351. Definitions In this article, unless the context otherwise requires: 1. "Approved time stamp provider" means a person or organization recognized by the secretary of state as capable of reliably providing time stamp services on notary service electronic documents. 2. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. 3. "Electronic acknowledgment" means a notarial act in which an electronic notary electronically certifies that the signer, whose identity is proven by satisfactory evidence, either: (a) Appeared before the electronic notary and acknowledged that the signer executed the instrument. (b) Provided secure electronic acknowledgment that the signer executed the electronic instrument presented to the electronic notary. 4. "Electronic commission" means the written authority to perform electronic notarization acts. 5. "Electronic document" means any record created, generated, sent, communicated, received or stored by electronic means. 6. "Electronic jurat" means an electronic notarial act in which the electronic notary certifies that a signer, whose identity is proven by satisfactory evidence, has made in the electronic notary's presence a voluntary electronic signature or mark and has taken an oath or affirmation vouching for the truthfulness of the signed electronic document. 7. "Electronic notary public" or "electronic notary" means any person commissioned to perform notarial acts under this article. 8. "Electronic notary token" means the electronic attachment to a notarized electronic document that is attached by the electronic notary and that contains the notary's electronic signature. The electronic notary token is linked to the electronic document to which it relates in a manner so that if the document is changed the electronic notary token is invalidated. 9. "Electronic signature" means an electronic method or process that through the application of a security procedure allows a determination that the electronic signature at the time it was executed was all of the following: (a) Unique to the person using it. (b) Capable of verification. (c) Under the sole control of the person using it. (d) Linked to the electronic document to which it relates in a manner so that if the document is changed the electronic signature is invalidated. 10. "Notary service electronic certificate" means the materials and methods issued by an electronic notary to a prospective signer so that signer may create a notary service electronic signature. 11. "Notary service electronic signature" means an act completed by a signer using a properly issued notary service electronic certificate to sign an electronic document. 12. "Oath" or "affirmation" means an act in which a person makes a vow in the presence of the electronic notary under penalty of perjury, with reference made to a supreme being in the case of an oath. 13. "Personal knowledge of identity" means familiarity with an individual resulting from interactions with that individual over a sufficient time to eliminate reasonable doubt that the individual has the identity claimed. 14. "Satisfactory evidence of identity" means: (a) Proof of identity is evidenced by one of the following: (i) An unexpired driver license that is issued by a state or territory of the United States. (ii) An unexpired passport that is issued by the United States department of state. (iii) An unexpired identification card that is issued by any branch of the United States armed forces. (iv) Any other unexpired identification card that is issued by the United States government or a state or tribal government, that contains the individual's photograph, signature and physical description and that contains the individual's height, weight, color of hair and color of eyes. (v) The oath or affirmation of a credible person who is personally known to the electronic notary and who personally knows the individual signer. (vi) The oath or affirmation of a credible person who personally knows the individual and who provides satisfactory evidence of identity pursuant to item (i), (ii), (iii) or (iv) of this subdivision. (vii) Personal knowledge of the individual signer by the electronic notary. (b) In addition to the provisions of paragraph 14, subdivision (a) of this section, for the purposes of a real estate conveyance or financing that proof of identity may be evidenced by one of the following: (i) A valid unexpired passport that is issued by the United States government. (ii) A valid unexpired passport that is issued by a national government other than the United States government and that is accompanied by a valid unexpired visa or other documentation that is issued by the United States government and that is necessary to establish an individual's legal presence in the United States. (iii) Any other valid unexpired identification that is deemed acceptable by the United States department of homeland security to establish an individual's legal presence in the United States and that is accompanied with supporting documents as required by the United States department of homeland security. 15. "Time stamp token" means a secure electronic method to affix a statement of the time and date that the document was recognized as a valid notary service electronic document by an approved time stamp provider. A time stamp token is attached by an approved time stamp provider to the document in a way that if the document changes the time stamp token is invalidated. |