Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 655:25-11-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"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
[49 O.S.,
				  § 202(1)].
"Credential analysis"
means a process or service
				  that meets the standards under Section 655:25-11-5(a)(1), through
which
				  a third person affirms the validity of an identification credential through
				  review of public or private data sources
[49 O.S., § 202(2)].
"Dynamic knowledge-based authentication
				  assessment"
means an identity assessment of a remotely located
				  individual that is based on a set of questions formulated from public or
				  private data sources for which the individual has not provided a prior answer.
"Electronic"
means relating to
				  technology having electrical, digital, magnetic, wireless, optical,
				  electromagnetic or similar capabilities
[49 O.S., § 202(3)].
"Electronic record"
means information
				  that is created, generated, sent, communicated, received or stored by
				  electronic means
[49 O.S., § 202(4)].
"Electronic seal"
means an electronic image
				  attached to or logically associated with an electronic record that conforms to
				  the requirements of Section 655:25-11-4(b).
"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
[49 O.S., § 202(6)].
"Identification credential"
means a non-expired
				  passport, driver's license, or form of government-issued identification
				  document that contains the signature and photograph of the individual.
"Identity proofing"
means a process or service
				  that meets the standards under Section 655:25-11-5(a)(2) by which a third
				  person provides a notary public with the means to verify the identity of a
				  remotely located individual through review of personal information from public
				  or private data sources.
"Notary public"
means an individual commissioned
				  to perform notarial acts by the Secretary of State.
"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
[49 O.S., § 202(11)].
"Personal knowledge"
means through dealings sufficient to provide reasonable certainty that
				  the individual has the identity claimed, and "personally known" and "personally
				  knows" have corresponding meanings
[49 O.S., § 202(12)].
"Principal"
means a
				  remotely located individual whose electronic 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
[49 O.S., §
				  202(13)].
"Remote online notarization"
or
"remote
				  online notarial act"
means a notarial act performed for a remotely
				  located individual facilitated by communication technology under this
				  Subchapter.
"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 identify the individual
				  and to perform credential analysis
[49 O.S., § 202(15)].
"Remotely located individual"
means an individual who is not in the physical presence of the notary
				  public who performs a remote online notarization
[49 O.S., §
				  202(16)].