In this part 5:
(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.
(1.3) 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) Credential means a tangible record evidencing the identity of an
individual.
(2) Electronic means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) Electronic record means a record containing information that is
created, generated, sent, communicated, received, or stored by electronic means.
(4) Electronic signature means an electronic symbol, sound, or process
attached to or logically associated with an electronic record and executed or
adopted by an individual with the intent to sign the electronic record.
(5) In a representative capacity means acting as:
(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; or
(d) An authorized representative of another in any other capacity.
(5.5) Interpreter means an individual who provides interpreter services
when a notarial officer and an individual executing a record do not communicate in
the same language.
(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 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.
(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 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.
(10.5) 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.
(11) 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.
(11.3) 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.
(11.5) 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) Remote notarization system means an electronic device or process
that:
(a) Allows a notary public and a remotely located individual to communicate
with each other simultaneously by sight and sound; and
(b) When necessary and consistent with other applicable law, facilitates
communication with a remotely located individual who has a vision, hearing, or
speech impairment.
(12) Sign means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol,
sound, or process.
(13) Signature means a tangible symbol or an electronic signature that
evidences the signing of a record.
(14) Stamping device means:
(a) A physical device capable of affixing to a tangible record an official
stamp; or
(b) An electronic device or process capable of attaching to or logically
associating with an electronic record an official stamp.
(15) 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) Tamper-evident 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.
(16) 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.