Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Credible witness.
"Credible
				  witness" means an honest, reliable, and impartial person who personally knows
				  an individual appearing before a notarial officer and takes an oath or
				  affirmation before the notarial officer to vouch for that individual's
				  identity.
2.
Direct
				  beneficial interest.
"Direct beneficial interest" for purposes of
				  defining a conflict of interest under  4 M.R.S. §1904(3)(B), means a fee
				  other than the customary fee for performance of the notarial act, or any
				  advantage, right, title, interest, cash, property or other consideration
				  received in connection with the record.
3.
Electronic notarization.
"Electronic notarization" means a Maine notarial officer's performance of a
				  notarial act with respect to an electronic record, using an electronic
				  signature and an electronic official stamp.
4.
Electronic record.
"Electronic record" means a record created, generated, sent, communicated,
				  received, or stored by electronic means.
5.
Notarial officer.
"Notarial
				  officer" means a notary public commissioned by the Secretary of State; a judge,
				  justice, clerk or deputy clerk of a court of this State; or an attorney-at-law
				  duly admitted and eligible to practice in the courts of this State; and any
				  other individual authorized by the laws of this State to perform a specific
				  notarial act.
6.
Principal.
"Principal" means a person whose signature is
				  notarized, or a person other than a credible witness taking an oath or
				  affirmation before a notarial officer.
7.
Remotely located individual.
"Remotely located individual" means an individual who is not in the physical
				  presence of the notarial officer who is performing a notarial act and appears
				  before the notarial officer using communication technology.
8.
Remote notarization.
"Remote
				  notarization" means a notarial act performed in compliance with 4 M.R.S.
				  Chapter 29, by a notarial officer for a remotely located individual using
				  communication technology approved by the Secretary of State.
9.
Residence and resident.
"Residence" for purposes of this rule means the place where the individual has
				  established a fixed and principal home to which the individual, whenever
				  absent, intends to return. "Resident" means having a place where the individual
				  has established a fixed and principal home to which the individual, whenever
				  absent, intends to return.
10.
Secretary of State.
"Secretary of State" as used in this rule
				  includes the Secretary of State, Deputy Secretary of State for Corporations,
				  Elections and Commissions, and the Division Director and staff of the Division
				  of Corporations, UCC & Commissions within the Department of the Secretary
				  of State.
11.
Tamper-evident.
"Tamper-evident" means that any change to a record
				  displays evidence of the change.
12.
Tamper-evident technology.
"Tamper-evident technology" means a set of applications, programs, hardware,
				  software, or other technologies designed to enable a notarial officer to
				  perform notarial acts with respect to electronic records or for remotely
				  located individuals which display evidence of any changes made to an electronic
				  record.