§ 49-202 — Definitions.

DEFINITIONS. As used in the Remote Online Notary Act: 1. "Communication technology" means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other by sight and sound; 2. "Credential analysis" means a process or service that meets the standards under Section 4 of this act 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 containing information attached to or logically associated with an electronic record that contains the notary public's name exactly as indicated on the notary's commission, the words "State of Oklahoma" and "Notary Public", and the notary public's commission number and the date of expiration of the notary public's commission; 6. "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record; 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 under Section 4 of this act through which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources; 9. "Notarial act" or "notarization" means an act that a notary public is authorized to perform under subsection A of Section 6 of Title 49 of the Oklahoma Statutes or under any other law of this state; 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" means knowledge through dealings sufficient to provide reasonable certainty that the individual has the identity claimed, and "personally known" and "personally knows" have corresponding meanings; 13. "Principal" means a remotely located individual whose signature is notarized in a remote online notarization, whether in an individual or representative capacity, or who makes an oath, affirmation or acknowledgment in a remote online notarization, other than in the capacity of a witness; 14. "Remote online notarization" or "remote online notarial act" means a notarial act performed by means of communication technology under this act; 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. "Remotely located individual" means an individual who is not in the physical presence of the notary public who performs a remote online notarization; and 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.

Legislative History

Added by Laws 2019, c. 338, § 3, eff. Jan. 1, 2020.