Sec. 44.50.200. Definitions.

490 words·~2 min read·/ak/title-44/chapter-50/44-50-200

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In 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.