1 Miss. Code. R. 5-1.2 - Definitions
Words and terms used in this chapter have the same meaning as in the Revised Mississippi Law on Notarial Acts. In addition, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
A. "Act" means the Revised
Mississippi Law on Notarial Acts.
B. "Address" means a property
location identification including a number, directional prefix, road name (unit
number, if applicable), city, state, and zip code.
C. "Affirmation" means a
notarial act, or part thereof, which is legally equivalent to an oath and in
which an individual at a single time and place:
(1). appears in person before the
notary;
(2). is personally known to
the notary or identified by the notary through satisfactory evidence;
and
(3). Makes a vow of
truthfulness or fidelity on penalty of perjury, based on personal honor and
without invoking God or using any form of the word "swear."
D. "Applicant" means
an individual who seeks appointment or reappointment to the office of notary
public.
E. "Appoint"
or "Appointment" means the naming of an individual to the office
of notary public after determination that the individual has complied with
Section 21(1) and (2) of the act (relating to appointment and commission as
notary public; qualifications; no immunity or benefit) and subchapter 2.00
(relating to qualifications for appointment and commission).
F. "Document" 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.
G. "Dynamic knowledge-based
authentication assessment" means a form of identity proofing consisting
of an identity assessment 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.
H. "Electronic
document" means information that is created, generated, sent,
communicated, received, or stored by electronic means.
I. "Electronic notarial act"
means an official act by a notary public on or involving an electronic document
and using electronic means authorized by the Secretary of State or the laws of
the jurisdiction of appointment.
J.
"Electronic notarial certificate" means the portion of a notarized
electronic document that is completed by the notary public; bears the notary
public's electronic signature and/or official electronic seal, official title,
commission number, commission expiration date, any required information
concerning the date and place of the electronic notarization; and states the
facts attested to or certified by the notary public in a particular electronic
notarization.
K. "Electronic
notarization system" means a set of applications, programs, hardware,
software, or technologies designed to enable a notary public to perform
electronic notarizations that renders every electronic notarial act
tamper-evident through the use of a security procedure and that meets the
requirements of the act and these rules.
L. "Electronic notary seal" and
"official electronic seal" mean information within a notarized
electronic document that includes the notary public's name, jurisdiction of
appointment, commission number, and commission expiration date, and generally
corresponds to data in notary public seals used on paper documents.
M. "Electronic signature" means
an electronic sound, symbol, or process attached to or logically associated
with an electronic document and executed or adopted by a person with the intent
to sign the electronic document.
N.
"Notary public" means an individual commissioned or appointed to
perform a notarial act by the Secretary of State of this State.
O. "Oath" means a notarial act,
or part thereof, which is legally equivalent to an affirmation and in which an
individual at a single time and place:
(1).
Appears in person before the notary;
(2). Is personally known to the notary or
identified by the notary through satisfactory evidence; and
(3). Makes a vow of truthfulness or fidelity
on penalty of perjury while invoking God or using any form of the word
"swear."
P. "Public
key certificate" means an electronic credential which is used to
identify an individual who signed an electronic document with the
certificate.
Q. "Secretary of
State" means the Secretary of State of Mississippi.
R. "Real time" means the actual
span of uninterrupted, simultaneous communication during which all parts of an
electronic notarial act occur.
S.
"Reappoint" or "reappointment" means the naming of an
individual who previously held a commission as a notary public to the office of
notary public after determination that the individual has complied with Section
21(1) and (2) of the act (relating to qualifications) and Chapter 2 of these
Rules (relating to qualifications). The term includes ''renewal of
appointment.''
T.
"Spouse" means an individual who is married to a notary
public.
U.
"Tamper-evident" means that any changes to an electronic document
shall display evidence of the change.
V. "Tangible" means perceptible
by touch when used in conjunction with ''document,'' ''medium'' or
''symbol.''
Notes
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