Definitions

In this Act: (1) Communication technology The term communication technology, with respect to a notarization, means an electronic device or process that allows the notary public performing the notarization, a remotely located individual, and (if applicable) a credible witness to communicate with each other simultaneously by sight and sound during the notarization. (2) Electronic; electronic record; electronic signature; information; person; record The terms electronic, electronic record, electronic signature, information, person, and record have the meanings given those terms in section 106 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006). (3) Law The term law includes any statute, regulation, rule, or rule of law. (4) Notarial officer The term notarial officer means— (A) a notary public; or (B) any other individual authorized to perform a notarization under the laws of a State without a commission or appointment as a notary public. (5) Notarial officer’s State; notary public’s State The term notarial officer’s State or notary public’s State means the State in which a notarial officer, or a notary public, as applicable, is authorized to perform a notarization. (6) Notarization The term notarization — (A) means any act that a notarial officer may perform under— (i) Federal law, including this Act; or (ii) the laws of the notarial officer's State; and (B) includes any act described in subparagraph (A) and performed by a notarial officer— (i) with respect to— (I) a tangible record; or (II) an electronic record; and (ii) for— (I) an individual in the physical presence of the notarial officer; or (II) a remotely located individual. (7) Notary public The term notary public means an individual commissioned or appointed as a notary public to perform a notarization under the laws of a State. (8) Personal knowledge The term personal knowledge, with respect to the identity of an individual, means knowledge of the identity of the individual through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (9) Remotely located individual The term remotely located individual, with respect to a notarization, means an individual who is not in the physical presence of the notarial officer performing the notarization. (10) Requirement The term requirement includes a duty, a standard of care, and a prohibition. (11) Signature The term signature means— (A) an electronic signature; or (B) a tangible symbol executed or adopted by a person and evidencing the present intent to authenticate or adopt a record. (12) Simultaneously The term simultaneously, with respect to a communication between parties— (A) means that each party communicates substantially simultaneously and without unreasonable interruption or disconnection; and (B) includes any reasonably short delay that is inherent in, or common with respect to, the method used for the communication. (13) State The term State — (A) means— (i) any State of the United States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; (iv) any territory or possession of the United States; and (v) any federally recognized Indian Tribe; and (B) includes any executive, legislative, or judicial agency, court, department, board, office, clerk, recorder, register, registrar, commission, authority, institution, instrumentality, county, municipality, or other political subdivision of an entity described in any of clauses (i) through (v) of subparagraph (A).