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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 655. Secretary of State |
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Chapter 25. Notary Public |
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Subchapter 11. Remote Online Notarization |
SECTION 655:25-11-2. Definitions
Latest version.
- 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)].