Guam § 33104 - Definitions.

§ 33104. Definitions.

As used in this Chapter:

(a) Acknowledgment means a notarial act in which a

notary certifies that a signer, whose identity is proven on the

basis of satisfactory evidence, has admitted, in the notary’s

presence, having signed a document voluntarily for its

stated purpose.

(b) Commission means to empower to perform notarial

acts and the written authority to perform those acts.

(c) Copy certification means a notarial act in which a

notary certifies having made a photocopy of a document

that is neither a public record nor publicly recordable.

COL5/19/2021

(d) A crime involving moral turpitude includes any

felony committed in Guam or any crime committed outside

Guam that would be a felony under Guam law, any crime

involving personal injury, and any crime involving a breach

of official duty if done willfully.

(e) Fund means the Notary Public Revolving Fund as

set forth in this Chapter.

(f) Jurat means a notarial act in which a notary

certifies that a signer, whose identity is proven on the basis

of satisfactory evidence, has made, in the notary’s presence,

a voluntary signature and taken an oath or affirmation

vouching for the truthfulness of the signed document.

(g) Notarial act and notarization mean any act that a

notary is empowered to perform under Section 33301 of this

Chapter.

(h) Notarial certificate and certificate mean that part of

or attachment to a notarized document for completion by

the notary and bearing the notary’s signature and seal.

(i) Notary Public and notary mean any person

commissioned to perform notarial acts under this Chapter.

(j) Oath and affirmation mean a notarial act or part

thereof in which a notary certifies that a person made a vow

in the presence of the notary on penalty of perjury, with

reference made to a Supreme Being for an oath.

(k) Official misconduct means:

(1) a notary’s performance of or failure to perform

any act prohibited or mandated, respectively, by this

Chapter or by any other law in connection with a

notarization; or

(2) a notary’s performance of a notarial act in a

manner found by the Attorney General to be negligent

or against the public interest.

(l) Personal knowledge of identity means familiarity

with an individual resulting from contact with that

individual over a period of time sufficient to eliminate every

COL5/19/2021

reasonable doubt that the individual has the identity

claimed.

(m) Satisfactory evidence of identity means identifica-

tion of an individual based on:

(1) any current passport or

(2) an official identification issued by a federal or

state government with the individual’s photograph and

signature or

(3) personal knowledge of identity.

(n) State includes any state of the United States, any

United States territory, possession, or commonwealth, and

the District of Columbia.