29-250 C.M.R. ch. 700, § 1 - DEFINITIONS

1. Credible witness. "Credible witness" means an honest, reliable, and impartial person who personally knows an individual appearing before a notarial officer and takes an oath or affirmation before the notarial officer to vouch for that individual's identity.

2. Direct beneficial interest. "Direct beneficial interest" for purposes of defining a conflict of interest under 4 M.R.S. §1904(3)(B), means a fee other than the customary fee for performance of the notarial act, or any advantage, right, title, interest, cash, property or other consideration received in connection with the record.

3. Electronic notarization. "Electronic notarization" means a Maine notarial officer's performance of a notarial act with respect to an electronic record, using an electronic signature and an electronic official stamp.

4. Electronic record. "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

5. Notarial officer. "Notarial officer" means a notary public commissioned by the Secretary of State; a judge, justice, clerk or deputy clerk of a court of this State; or an attorney-at-law duly admitted and eligible to practice in the courts of this State; and any other individual authorized by the laws of this State to perform a specific notarial act.

6. Principal. "Principal" means a person whose signature is notarized, or a person other than a credible witness taking an oath or affirmation before a notarial officer.

7. Remotely located individual. "Remotely located individual" means an individual who is not in the physical presence of the notarial officer who is performing a notarial act and appears before the notarial officer using communication technology.

8. Remote notarization. "Remote notarization" means a notarial act performed in compliance with 4 M.R.S. Chapter 29, by a notarial officer for a remotely located individual using communication technology approved by the Secretary of State.

9. Residence and resident. "Residence" for purposes of this rule means the place where the individual has established a fixed and principal home to which the individual, whenever absent, intends to return. "Resident" means having a place where the individual has established a fixed and principal home to which the individual, whenever absent, intends to return.

10. Secretary of State. "Secretary of State" as used in this rule includes the Secretary of State, Deputy Secretary of State for Corporations, Elections and Commissions, and the Division Director and staff of the Division of Corporations, UCC & Commissions within the Department of the Secretary of State.

11. Tamper-evident. "Tamper-evident" means that any change to a record displays evidence of the change.

12. Tamper-evident technology. "Tamper-evident technology" means a set of applications, programs, hardware, software, or other technologies designed to enable a notarial officer to perform notarial acts with respect to electronic records or for remotely located individuals which display evidence of any changes made to an electronic record.

Notes

29-250 C.M.R. ch. 700, § 1