Oklahoma § 49-202 - Definitions

§ 49-202. Definitions

DEFINITIONS. As used in the Remote Online Notary Act:

1. "Communication technology" means an electronic device or

process that allows a notary public and a remotely located

individual to communicate with each other by sight and sound;

2. "Credential analysis" means a process or service that meets

the standards under Section 4 of this act through which a third

person affirms the validity of an identification credential through

review of public or private data sources;

3. "Electronic" means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic or similar

capabilities;

4. "Electronic record" means information that is created,

generated, sent, communicated, received or stored by electronic

means;

5. "Electronic seal" means an electronic image containing

information attached to or logically associated with an electronic

record that contains the notary public's name exactly as indicated

on the notary's commission, the words "State of Oklahoma" and

"Notary Public", and the notary public's commission number and the

date of expiration of the notary public's commission;

6. "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 record;

7. "Foreign state" means a jurisdiction other than the United

States, a state or a federally recognized Indian tribe;

8. "Identity proofing" means a process or service that meets

the standards under Section 4 of this act through which a third

person provides a notary public with a means to verify the identity

of a remotely located individual by a review of personal information

from public or private data sources;

9. "Notarial act" or "notarization" means an act that a notary

public is authorized to perform under subsection A of Section 6 of

Title 49 of the Oklahoma Statutes or under any other law of this

state;

Oklahoma Statutes - Title 49. Notaries Public

10. "Outside the United States" means a location outside the

geographic boundaries of the United States, Puerto Rico, the United

States Virgin Islands and any territory, insular possession or other

location subject to the jurisdiction of the United States;

11. "Person" means an individual, corporation, business trust,

statutory trust, estate, trust, partnership, limited liability

company, association, joint venture, public corporation, government

or governmental subdivision, agency or instrumentality, or any other

legal or commercial entity;

12. "Personal knowledge" means knowledge through dealings

sufficient to provide reasonable certainty that the individual has

the identity claimed, and "personally known" and "personally knows"

have corresponding meanings;

13. "Principal" means a remotely located individual whose

signature is notarized in a remote online notarization, whether in

an individual or representative capacity, or who makes an oath,

affirmation or acknowledgment in a remote online notarization, other

than in the capacity of a witness;

14. "Remote online notarization" or "remote online notarial

act" means a notarial act performed by means of communication

technology under this act;

15. "Remote presentation" means transmission to a notary public

through communication technology of an image of a remotely located

individual's identification credential that is of sufficient quality

to enable the notary public to reasonably identify the remotely

located individual and to perform credential analysis;

16. "Remotely located individual" means an individual who is

not in the physical presence of the notary public who performs a

remote online notarization; and

17. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands or any

territory or insular possession subject to the jurisdiction of the

United States.

Added by Laws 2019, c. 338, § 3, eff. Jan. 1, 2020.