Sec. 28. “Remote presentation” means an electronic transmission: (1) by a principal; (2) to a remote notary public; and (3) of an image: (A) of a credential; and (B) that is of sufficient quality to allow for use of the image in credential analysis to identify the principal. As added by P.L.59-2018, SEC.35.
Sec. 29. “Sign” means: (1) to adopt or execute a record with a tangible symbol; or (2) to: (A) associate with; or (B) attach to; a record an electronic process, sound, or symbol; with the intent to adopt or authenticate the record. As added by P.L.59-2018, SEC.36.
Sec. 3. “Appearance” or “appear”, with respect to a notarial act, refers to an individual’s presence before a notarial officer by: (1) being: (A) physically present before the notarial officer; (B) able to interact with the notarial officer; and (C) able to physically exchange tangible credentials or other documentation with the notarial officer; or (2) […]
Sec. 30. “Signature” means a tangible symbol or an electronic process, sound, or symbol that evidences the signing of a record. As added by P.L.59-2018, SEC.37.
Sec. 31. “Stamping device” means: (1) a physical device capable of affixing or embossing a tangible record with an official seal; or (2) an electronic device or process capable of pairing an electronic seal with an electronic record. As added by P.L.59-2018, SEC.38.
Sec. 32. “State” means a state of the United States, the District of Columbia, or a territory or possession subject to the jurisdiction of the United States. As added by P.L.59-2018, SEC.39.
Sec. 33. “Surety” means an entity that: (1) is licensed or authorized to do the business described in subdivision (2) in Indiana; and (2) guarantees the legal liability of a notary public for: (A) debt; (B) default; or (C) failure to perform a duty of a notary public. As added by P.L.59-2018, SEC.40.
Sec. 34. “Technology” means an application, a device, or a program that allows a notarial officer to perform a: (1) notarial act electronically; or (2) remote notarial act. As added by P.L.59-2018, SEC.41.
Sec. 35. “Verification on an oath or affirmation” means a declaration that a statement in a record is true. As added by P.L.59-2018, SEC.42.
Sec. 4. “Assurance” means a surety bond or the functional equivalent of a surety bond that covers a notary public’s acts or omissions during the course of the notary public’s commission. As added by P.L.59-2018, SEC.11.
Sec. 5. “Audio visual communication” means real time, two-way, visual and auditory communication through technology. As added by P.L.59-2018, SEC.12.
Sec. 6. “Credential” means a valid, government issued form of identification that bears: (1) a photograph; and (2) the signature; of the individual identified. As added by P.L.59-2018, SEC.13.
Sec. 7. “Credential analysis” means a process or service: (1) approved by the secretary of state; (2) performed by a third person; and (3) through which review of public and proprietary data sources provides confidence concerning the validity of a credential. As added by P.L.59-2018, SEC.14.
Sec. 8. “Credible witness” means an individual who: (1) appears before a notarial officer; (2) swears or affirms that the signer of a document is the individual whom the signer claims to be; and (3) is known personally to the signer of the document and the notarial officer. As added by P.L.59-2018, SEC.15.
Sec. 9. “Dynamic knowledge based authentication assessment” means a questionnaire that: (1) consists of questions about a principal that: (A) are derived from private and public sources; and (B) have not been previously answered by the principal; (2) is answered by the principal; and (3) is reviewed by a remote notary public to assist in […]
