41-371. Definitions

(Eff. 7/1/20)

In this article, unless the context otherwise requires:

1. " Communication technology" means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.

2. " Credential analysis" means a process or service that meets the standards established under section 41-372 through which a third person affirms the validity of an identification credential through review of public or private data sources.

3. " Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

4. " Electronic record" means information that is created, generated, sent, communicated, received or stored by electronic means.

5. " Electronic seal" means an electronic image that contains information attached to or logically associated with an electronic record and that contains the words " notary public" , the name of the county in which the notary public is commissioned, the notary public's name as it appears on the notarial commission, the commission number and the expiration date of the notarial commission.

6. " Electronic signature" has the same meaning prescribed in section 41-351.

7. " Foreign state" means a jurisdiction other than the United States, a state or a federally recognized Indian tribe.

8. " Identity proofing" means a process or service that meets the standards established under section 41-372 through which a third person affirms the identity of a remotely located individual by a review of personal information from public or private data sources.

9. " Notarial act" means an act that is performed by a notary public of this state pursuant to section 41-313, subsection A.

10. " Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.

11. " 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.

12. " Personal knowledge" has the same meaning prescribed in section 41-311.

13. " Remotely located individual" means an individual who is not in the physical presence of the notary public performing a remote online notarization.

14. " Remote online notarization" or " remote online notarial act" means a notarial act performed by means of communication technology.

15. " Remote presentation" means transmission to a notary public through communication technology of an image of a remotely located individual's identification credential that is of sufficient quality to enable the notary public to reasonably identify the remotely located individual and to perform credential analysis.

16. " 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.