Section 486.1100

Title XXXII COURTS

Chapter 486

Effective - 28 Aug 2020   

  486.1100.  Definitions. — As used in sections 486.1100 to 486.1205, the following terms and phrases mean:

  (1)  "Appears in person before the notary" or "personally appear before the notary" or "in the presence of the notary", includes, in the case of a remote online notarization, a principal and any required witness appearing by remote means in accordance with sections 486.1100 to 486.1205;

  (2)  "Communication technology", an electronic device or process that allows a notary public physically located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound, and which, as necessary, makes reasonable accommodations for individuals with vision, hearing, or speech impairments;

  (3)  "Credential analysis", a process or service that meets the standards established by the secretary of state through which a third person affirms the validity of an identification credential;

  (4)  "Electronic", relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

  (5)  "Electronic document", information that is created, generated, sent, communicated, received, or stored by electronic means;

  (6)  "Electronic notary seal" and "electronic seal", information within a notarized electronic document that includes the remote online notary's name, title, jurisdiction, and commission expiration date and generally corresponds to information in notary seals used on paper documents;

  (7)  "Electronic signature", an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document;

  (8)  "Identity proofing", a process or service operating according to standards established by the secretary of state by rule;

  (9)  "Outside the United States", outside the geographic boundaries of a state or  commonwealth of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States;

  (10)  "Remote online notarization" or "remote online notarial act", an electronic notarial act performed by means of communication technology that meets the standards as provided in sections 486.1100 to 486.1205;

  (11)  "Remote online notary public", a notary public physically located in this state who has registered with the secretary of state to perform remote online notarizations pursuant to sections 486.1100 to 486.1205;

  (12)  "Remote presentation", transmission to the remote online notary public through communication technology of an image of an identification credential that is of sufficient quality to enable the remote online notary public to:

  (a)  Identify the individual seeking the remote online notary public's services; and

  (b)  Perform credential analysis;

  (13)  "Remotely located individual", an individual who is not in the physical presence of the notary public.

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(L. 2020 H.B. 1655)