Ohio Administrative Code › Title 111:6 - Notary Commission › Chapter 111:6-1 - Notary Commission Requirements › Section 111:6-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Applicant" means any person applying for a notary
			 commission pursuant to section
			  147.01 
			 or an online notary authorization pursuant to section
			  147.63 
			 of the Revised Code.
(B)
								"Authorized education and testing provider" and
			 "authorized provider" mean those entities approved by the secretary of state to
			 offer education and testing to notary commission applicants and attorneys
			 pursuant to section
			  147.021 
			 of the Revised Code and section
			  147.63 
			 for online notary authorization.
(C)
								"Credential
			 analysis" means the same as provided in division (B) of section
			  147.60 
			 of the Revised Code.
(D)
								"Disqualifying offense" means the same as division (C)
			 of section
			  147.011 
			 of the Revised Code.
(E)
								"Dynamic knowledge-based authentication" means a form
			 of identity proofing as defined by division (G) of section
			  147.60 
			 of the Revised Code that is based on a set of questions formulated from public
			 or private data sources for which the principal has not provided a prior
			 answer.
(F)
								"Document" means a record consisting of information
			 inscribed on a tangible medium or that is created, generated, sent,
			 communicated, received, or stored in an electronic medium and is retrievable in
			 perceivable form. The term includes "electronic document."
(G)
								"Electronic
			 document" means the same as provided in division (D) of section
			  147.60 
			 of the Revised Code.
(H)
								"Electronic notarial act" means a notarial act defined
			 in section
			  147.51 
			 of the Revised Code that is performed using an official electronic signature
			 and seal on an electronic document, by an individual commissioned as a notary
			 public pursuant to section
			  147.01 
			 of the Revised Code. (J) "Electronic Seal" means the same as provided in
			 division (E) of section
			  147.60 
			 of the Revised Code.
(I)
								"Electronic Signature" means the same as provided in
			 division (F) of section
			  147.60 
			 of the Revised Code.
(J)
								"Exclusive control" means accessible by and
			 attributable solely to the notary public to the exclusion of all other persons
			 and entities, either through being in the direct physical custody of the notary
			 public or through being secured with one or more biometric password, token or
			 other authentication technologies.
(K)
								"Notarial Act"
			 for purposes of this chapter means an official act that a notary public is
			 authorized to perform by law and as provided in section
			  147.60(H)   of the Revised Code.
(L)
								"Notarial
			 Certificate" means the portion of a notarized document that is completed by a
			 notary public and that bears the notary public's signature, seal and language
			 as required by law.
(N)
								"Notary commission" is a commission issued to a notary
			 public pursuant to sections
			  147.01 
			 -
			  147.13 
			 of the Revised Code.
(O)
								"Notary Public" means an individual commissioned by the
			 secretary of state under section
			  147.01 
			 of the Revised Code. A notary public does not have the authority to perform
			 online notarizations unless also authorized by the secretary of state to
			 perform an online notarization, however, a notary public may engage in an
			 electronic notarial act as permitted under section
			  147.591 
			 of the Revised Code.
(P)
								"Official electronic signature" means the electronic
			 signature used by a notary public commissioned pursuant to section
			  147.01 
			 of the Revised Code; and the electronic signature used by a notary public who
			 is authorized as an online notary public pursuant to section
			  147.63 
			 of the Revised Code.
(Q)
								"Online notarization" means the same as provided in
			 section
			  147.60(I)   of Revised Code. The term includes "online
			 notarial act."
(R)
								"Online notarization system" means a set of
			 applications, programs, hardware, software, or technology designed to enable a
			 notary public to perform online notarial acts.
(S)
								"Online Notary
			 Public" means the same as division (J) of section
			  147.60 
			 of the Revised Code.
(T)
								"Principal" means a person whose signature is notarized
			 or a person, other than a credible witness, taking an oath or affirmation from
			 the notary.
(U)
								"Real time" means the actual span of uninterrupted,
			 simultaneous communication during which all parts of an online notarial act
			 using audio-video communication occur.
(V)
								"Record" includes
			 a document as defined in this chapter; an entry in a journal maintained by an
			 online notary public pursuant to section
			  147.65 
			 of the Revised Code; the audio-video recording required in section
			  147.65(D)(3)   of the Revised Code; and a notary public's
			 record kept by the secretary of state under section
			  147.05 
			 of the revised code.
(W)
								"Remote presentation" means the same as provided in
			 division (L) of section
			  147.60 
			 of the Revised Code.