N.Y. Comp. Codes R. & Regs. tit. 19 § 182.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 182.2 - Definitions

For purposes of this Part, the following terms have the following meanings.

(a) "Notary Public" or "Notary" means an individual who meets the qualifications set forth in section 130 of the Executive Law and has been appointed by the secretary of state pursuant to section 131 of the Executive Law to perform notarial acts in accordance with procedures outlined in article 6 of the Executive Law and this Part.

(b) "Electronic notary public" or "electronic notary" means a notary public or notary who has registered with the secretary of state the capability of performing electronic notarial acts in accordance with section 135-c of the Executive Law and this Part.

(c) "Notarial act" means any official act that a notary public is authorized to perform by law, including, but not limited to:

(1) administering oaths and affirmations;

(2) taking affidavits and depositions;

(3) receiving and certifying acknowledgments or proof of such written instruments as deeds, mortgages, powers of attorney and other instruments in writing;

(4) demanding acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and protesting the same for non-acceptance or non-payment, as the case may require;

(5) preparation of a certificate of authenticity in accordance with paragraph (d) of subdivision six of section 135-c of the Executive Law or

(6) an electronic notarial act.

(d) "Electronic notarial act" means an official act by a notary public, physically present in the state of New York, on or involving an electronic record and using communication technology authorized by this Part.

(e) "Record" means information that is inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. The term "record" includes an electronic record.

(f) "Electronic record" means information that is created, generated, sent, communicated, received, or stored by electronic means.

(g) "Identity verification" means the use of an authentication process by which a notary public validates the identity of any principal and/or individual present for a notarial act.

(h) "Credential analysis" means a process or service operating according to the standards adopted in this Part, through which a third-party affirms the validity of government-issued identification through review of public and proprietary data sources.

(i) "Credential service provider" means a third party trusted entity that issues or registers subscriber authenticators and issues electronic credentials to subscribers.

(j) "Identity proofing" means a process by which a credential service provider collects, validates, and verifies information about a person.

(k) "Personal appearance" means presence at a transaction for which a notarial act is required, either physically or electronically, in a manner that meets all requirements imposed by this Part.

(l) "Communication technology" means an electronic device or process that:

(1) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

(2) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

(m) "Electronic signature" has the same meaning set forth in subdivision 3 of section 302 of the State Technology Law, except that any electronic signature affixed by an electronic notary in the performance of an electronic notarial act must also meet the additional requirements outlined in this Part.

(n) "Public key infrastructure" means the architecture, organization, techniques, practices, and procedures that collectively support the implementation and operation of a certificate-based asymmetric or public/private key cryptographic system.

(o) "Public/private key or asymmetric cryptographic system" means a system by which two mathematically linked keys are generated, one a publicly available validation key and the other a private key that cannot be deduced from the public key.

(p) "Principal" means an individual:

(1) whose signature is reflected on a record that is notarized;

(2) who has taken an oath or affirmation administered by a notary public;

(3) whose signature is reflected on a record that is notarized after the individual has taken an oath or affirmation administered by a notary public; or

(4) for purposes of this Part, any individual who intends to engage in any of these acts.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 182.2

Adopted New York State Register January 25, 2023/Volume XLV, Issue 04, eff. 1/25/2023