Guam § 33801 - Definitions.

§ 33801. Definitions.

As used in this Article:

(a) Appear, or personally appear, or in the presence of

means:

(1) being in the same physical location as another

person and close enough to see, hear, communicate

with, and exchange tangible identification credentials

with that individual; or

(2) interacting with another individual by means

of communication technology that complies with the

provisions of this Chapter.

(b) Communication technology means an electronic

device or process that allows a notary public physically

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located in Guam 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.

(c) Credential analysis means a process or service that

meets the standards established by the Attorney General of

Guam through which a third person affirms the validity of a

government-issued identification credential through review

of public and proprietary data sources.

(d) Electronic means relating to technology having

electrical, digital, magnetic, wireless, optical,

electromagnetic, or similar capabilities.

(e) Electronic record means information that is

created, generated, sent, communicated, received, or stored

by electronic means.

(f) Electronic seal means information within a

notarized electronic record that confirms the remote online

notary public’s name, jurisdiction, identifying number and

commission expiration date, and generally corresponds to

information in notary seals used on paper documents.

(g) 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 document.

(h) Identity proofing means a process or service

operating according to standards established by the

Attorney General of Guam through which a third person

affirms the identity of an individual:

(1) by means of dynamic knowledge-based

authentication such as a review of personal information

from public or proprietary data sources; or

(2) by means of analysis of biometric data such

as, but not limited to, facial recognition, voiceprint

analysis, or fingerprint analysis.

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(i) Notarial act means an act, whether performed with

respect to a tangible or electronic record, that a notarial

officer may perform under Guam law. The term includes

taking an acknowledgment, administering an oath or

affirmation, taking a verification on oath or affirmation,

witnessing or attesting a signature, and certifying or

attesting a copy.

(j) Outside the United States means outside the

geographic boundaries of Guam, a state of the United

States, the District of Columbia, or any other territory,

commonwealth, or insular possession subject to the

jurisdiction of the United States.

(k) Principal means an individual:

(1) whose electronic signature is notarized in a

remote online notarization; or

(2) making an oath or affirmation or an

acknowledgement other than in the capacity of a

witness for the remote online notarization.

(l) Remote online notarial certificate is the form of an

acknowledgement, jurat, verification on oath or affirmation,

or verification of witness or attestation that is completed by

a remote online notary public and:

(1) contains the online notary public’s electronic

signature, electronic seal, title, and commission

expiration date;

(2) contains other required information

concerning the date and place of the remote online

notarization;

(3) otherwise conforms to the requirements for an

acknowledgement, jurat, verification on oath or

affirmation, or verification of witness or attestation

under Guam law; and

(4) indicates that the person making the

acknowledgement, oath or affirmation appeared

remotely online.

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(m) Remote online notarization or remote online

notarial act means a notarial act performed by means of

communication technology that meets the standards adopted

under this Article.

(n) Remote online notary public means a notary public

who has been authorized by the Attorney General of Guam

to perform remote online notarizations under this Article.

(o) Remote presentation means transmission to the

remote online notary public through communication

technology of an image of a government-issued

identification credential that is of sufficient quality to enable

the remote online notary public to:

(1) identify the individual seeking the remote

online notary public’s services; and

(2) perform credential analysis.

(p) Remotely located individual means an individual

who is not in the physical presence of the notary.