21-14-302. Definitions.

21-14-302. Definitions. As used in this subchapter: (1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means; (3)(A) “Electronic notarial act” means an official act by a notary public performed with respect to an electronic document and using electronic means authorized by the Secretary of State. (B) “Electronic notarial act” includes: (i) Taking an acknowledgment; (ii) Administering an oath or affirmation; (iii) Taking a verification on oath or affirmation; (iv) Witnessing or attesting a signature; (v) Certifying or attesting a copy; and (vi) Noting a protest of a negotiable instrument; (4) “Electronic notarial certificate” means the portion of a notarized electronic document that: (A) Is completed by the notary public; (B) Bears the following of the notary public: (i) Signature or official electronic seal; (ii) Official title; (iii) Commission number; (iv) Commission expiration date; and (v) All required information regarding the date and place of the electronic notarial act; and (C) States the facts attested to or certified by the notary public in an electronic notarization; (5) “Electronic notary seal” or “official electronic seal” means information within a notarized document that includes: (A) The following information about the notary public: (i) Name; (ii) Jurisdiction of appointment; (iii) Commission number; and (iv) Commission expiration date; and (B) Information that generally corresponds to dates in notary public seals utilized on paper documents under § 21-14-107; (6) “Electronic notary public” means a notary public who has registered with the Secretary of State and possesses the capability of performing electronic notarial acts; (7) “Electronic signature” means an electronic sound, symbol, or process attached to an electronic document and executed or adopted by a person with the intent to sign the electronic document; (8) “Non-repudiation” means the inability of the signer of an electronic document to deny his or her electronic signature without a factual basis; (9) “Notary public electronic signature” means the forms of electronic signatures that have been approved by the Secretary of State as an acceptable means for an electronic notary to affix his or her official signature to an electronic record that is being notarized; (10) “Physical proximity” means the principal and the notary public are physically close enough to see, hear, communicate, and give identification credentials to each other without reliance on an electronic device such as a telephone, computer, video camera, or facsimile machine; (11) “Registration” or “register” means a separate commission to perform electronic notarial acts under the laws of this state; (12) “Solution provider” means a business entity that has submitted an application, meets standards, and has been approved by the Secretary of State to offer electronic notarization solutions to duly commissioned electronic notaries public; (13) “Tamper-evident” means any changes to an electronic document that display evidence of the change; (14) “Traditional notary public” means a person commissioned by the Secretary of State to perform notarial acts under this chapter; and (15) “Unique to the electronic notary public” or “under the sole control” means the device or system the notary uses to sign and seal the document that is accessible only by the notary, attributed to the notary, and not any other person or entity.