Section 44.50.200 - DefinitionsIn this chapter, unless the context otherwise requires,
(1) "acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record; (2) "communication technology" means an electronic device or process that (A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and(B) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a visual, hearing, or speech impairment;(3) "convicted" or "conviction" means that the person has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;(4) "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;(5) "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record;(6) "identity proofing" means a process or service by 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;(7) "in a representative capacity" means acting as (A) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;(B) a public officer, personal representative, guardian, or other representative in the capacity stated in a record;(C) an agent or attorney-in-fact for a principal; or(D) an authorized representative of another in any other capacity;(8) "notarial act" means an act, whether performed with respect to a tangible or electronic record, that is identified as a notarial act under AS 09.63.120 and an act that a notary public is directed to perform under AS 44.50.060;(9) "notarial officer" means a notary public or other individual authorized to perform a notarial act;(10) "notary public" means a person commissioned to perform notarial acts under this chapter;(11) "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;(12) "remotely located individual" means an individual who is not in the physical presence of a notary public who performs a notarial act under AS 44.50.075;(13) "sign" means, with present intent to authenticate or adopt a record, to (A) execute or adopt a tangible symbol; or(B) attach to or logically associate with the record an electronic symbol, sound, or process;(14) "signature" means a tangible symbol or an electronic signature that evidences the signing of a record.Amended by SLA 2020, ch. 24,sec.15, sec.16 eff. 1/1/2021.