8231.1.
As used in this article, the following terms have the following meanings:(a) “Audiovideo communication” means being able to see, hear, and communicate with another individual in real time using electronic means in a manner that conforms to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article.
(b) “Credential” means a record evidencing an individual’s identity that satisfies the requirements of Section 1185 of the Civil Code.
(c) “Credential analysis” means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article, through which a third party affirms the validity of a credential through review of public and proprietary data sources.
(d) “Depository” means an individual or entity that has an active certification with the Secretary of State pursuant to Section 8231.15 and is capable of storing a journal entry or record of audiovideo communication of an online notarization on behalf of a notary public.
(e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(f) “Electronic journal” means an active sequential record of all official acts performed while using an online notarization platform performed by a person acting as a notary public authorized to perform remote online notarization maintained in a secure electronic format according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. An electronic journal shall be capable of providing both physical and electronic copies of any entry made therein.
(g) “Electronic online notarial certificate” means the part of, or attachment to, an electronic record that is completed by the notary public authorized to perform remote online notarization and contains both of the following:
(1) The notary public’s electronic signature and electronic seal or, where applicable, the notary public’s electronic signature that meets the requirements of subdivision (f) of Section 27391, where applicable, and electronic seal.
(2) The facts attested to by the notary public in the particular online notarization.
(h) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
(i) “Electronic seal” means information within a notarized electronic record that corresponds to information in notary seals used on paper records and that, where applicable, conforms to the requirement of this article, including, but not limited to, subdivision (b) of Section 8231.7 and any rules or regulations adopted by the Secretary of State pursuant to this article.
(j) “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.
(k) “Express written request” means a request made in writing and initiated by a principal to access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the specified information for a specific purpose. The nature of the access, use, sharing, sale, disclosure, production, provision, release, transfer, dissemination, or other communication shall be conveyed to the principal in clear and prominent terms in such a manner that an ordinary principal would notice and understand it. Express written consent cannot be inferred.
(l) “Identity proofing” means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article through which a third party affirms the identity of an individual through review of personal information from public and proprietary data sources.
(m) “Notarial act” means the performance of a duty authorized by Section 8202 or 8205 and includes acts authorized by this article.
(n) “Online notarization” and “online notarial act” mean a notarial act performed by a notary public by means of an online notarization system that meets the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article, where the record that is the subject of the notarial act is an electronic record.
(o) “Online notarization platform” includes an individual or entity that has an active certification with the Secretary of State pursuant to Section 8231.15 and provides an online notarization system to a principal or a notary public authorized to perform remote online notarization.
(p) “Online notarization system” means the computer hardware and software that enable a notary public to do both of the following:
(1) Perform an online notarial act by means of audiovideo communication.
(2) Create an audiovideo recording and a corresponding entry for the appropriate electronic journal for each such online notarial act.
(q) “Notary public’s electronic signature” means an electronic signature that does both of the following:
(1) Meets the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article.
(2) Includes an image of the notary public’s handwritten signature as required to be provided to the Secretary of State under subdivision (d) of Section 8231.8.
(r) “Principal” means an individual, other than a credible witness pursuant to Section 1185 of the Civil Code, whose electronic signature is notarized, or whose oath or affirmation is taken by an online notary public, during an online notarization.
(s) “Record” means information that is inscribed on a paper copy or that is stored in an electronic or other medium and is retrievable in both physical and electronic form.
(t) “Remote presentation” means transmission to the notary public through audiovideo communication of an image of a government-issued identification, which complies with paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code that is of sufficient quality to enable the notary public to identify the individual seeking the notary public’s services. Remote presentation shall conform to the standards of this article and any rules or regulations adopted by the Secretary of State pursuant to this article.
(u) “United States” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.