41-311. Definitions

In this article, unless the context otherwise requires:

1. " Acknowledgment" means a notarial act in which a notary certifies that a signer, whose identity is proven by satisfactory evidence, appeared before the notary and acknowledged that the signer signed the document.

2. " Commission" means to authorize to perform notarial acts and the written authority to perform those acts.

3. " Copy certification" means a notarial act in which the notary certifies that the notary has made a photocopy of an original document that is neither a public record nor publicly recordable.

4. " Incomplete document" means a document that has not been signed where a signature line is provided or where other obvious blanks appear in the document or that lacks a notarial certificate.

5. " Jurat" means a notarial act in which the notary certifies that a signer, whose identity is proven by satisfactory evidence, has made in the notary's presence a voluntary signature and has taken an oath or affirmation vouching for the truthfulness of the signed document.

6. " Notarial act" or " notarization" means any act that a notary is authorized to perform under section 41-313 and that verifies only the identity of a signer of a document and not the truthfulness, accuracy or validity of the document.

7. " Notarial certificate" or " certificate" means the part of or attachment to a notarized document for completion by the notary that bears the notary's signature and seal and that states the venue, date and facts that are attested by the notary in a particular notarization.

8. " Notary public" or " notary" means any person commissioned to perform notarial acts under this article.

9. " Oath" or " affirmation" means a notarial act or part of a notarial act in which a person made a vow in the presence of the notary under penalty of perjury, with reference made to a supreme being in the case of an oath.

10. " Personal knowledge" means familiarity with an individual resulting from interactions with that individual over a sufficient time to eliminate reasonable doubt that the individual has the identity claimed.

11. " Satisfactory evidence of identity" means:

(a) Proof of identity is evidenced by one of the following:

(i) An unexpired driver license or nonoperating identification license that is issued by a state or territory of the United States.

(ii) An unexpired passport that is issued by the United States department of state.

(iii) An unexpired identification card that is issued by any branch of the United States armed forces.

(iv) An inmate identification card that is issued by the state department of corrections, if the inmate is in the custody of the department.

(v) Any form of inmate identification that is issued by a county sheriff, if the inmate is in the custody of the county sheriff.

(vi) Any other unexpired identification card that is issued by the United States government or a state or tribal government, that contains the individual's photograph, signature and physical description and that contains the individual's height, weight, hair color and eye color.

(vii) The oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual.

(viii) The oath or affirmation of a credible person who personally knows the individual and who provides satisfactory evidence of identity pursuant to item (i), (ii), (iii), (iv), (v) or (vi) of this subdivision.

(ix) Personal knowledge of the individual by the notary.

(b) In addition to subdivision (a) of this paragraph, for the purposes of a real estate conveyance or financing, proof of identity may be evidenced by one of the following:

(i) A valid unexpired passport that is issued by the United States government.

(ii) A valid unexpired passport that is issued by a national government other than the United States government and that is accompanied by a valid unexpired visa or other documentation that is issued by the United States government and that is necessary to establish an individual's legal presence in the United States.

(iii) Any other valid unexpired identification that is deemed acceptable by the United States department of homeland security to establish an individual's legal presence in the United States and that is accompanied with supporting documents as required by the United States department of homeland security.

12. " Venue" means this state and the county where a notarial act occurs.