Section 111:6-1-01 - Definitions(A) "Applicant" means any person applying for a notary commission pursuant to section 147.01 or an online notary authorization pursuant to section 147.63 of the Revised Code.(B) "Authorized education and testing provider" and "authorized provider" mean those entities approved by the secretary of state to offer education and testing to notary commission applicants and attorneys pursuant to section 147.021 of the Revised Code and section 147.63 for online notary authorization.(C) "Credential analysis" means the same as provided in division (B) of section 147.60 of the Revised Code.(D) "Disqualifying offense" means the same as division (C) of section 147.011 of the Revised Code.(E) "Dynamic knowledge-based authentication" means a form of identity proofing as defined by division (G) of section 147.60 of the Revised Code that is based on a set of questions formulated from public or private data sources for which the principal has not provided a prior answer.(F) "Document" means a record consisting of information inscribed on a tangible medium or that is created, generated, sent, communicated, received, or stored in an electronic medium and is retrievable in perceivable form. The term includes "electronic document."(G) "Electronic document" means the same as provided in division (D) of section 147.60 of the Revised Code.(H) "Electronic notarial act" means a notarial act defined in section 147.51 of the Revised Code that is performed using an official electronic signature and seal on an electronic document, by an individual commissioned as a notary public pursuant to section 147.01 of the Revised Code. (J) "Electronic Seal" means the same as provided in division (E) of section 147.60 of the Revised Code.(I) "Electronic Signature" means the same as provided in division (F) of section 147.60 of the Revised Code.(J) "Exclusive control" means accessible by and attributable solely to the notary public to the exclusion of all other persons and entities, either through being in the direct physical custody of the notary public or through being secured with one or more biometric password, token or other authentication technologies.(K) "Notarial Act" for purposes of this chapter means an official act that a notary public is authorized to perform by law and as provided in section 147.60(H) of the Revised Code.(L) "Notarial Certificate" means the portion of a notarized document that is completed by a notary public and that bears the notary public's signature, seal and language as required by law.(N) "Notary commission" is a commission issued to a notary public pursuant to sections 147.01 - 147.13 of the Revised Code.(O) "Notary Public" means an individual commissioned by the secretary of state under section 147.01 of the Revised Code. A notary public does not have the authority to perform online notarizations unless also authorized by the secretary of state to perform an online notarization, however, a notary public may engage in an electronic notarial act as permitted under section 147.591 of the Revised Code.(P) "Official electronic signature" means the electronic signature used by a notary public commissioned pursuant to section 147.01 of the Revised Code; and the electronic signature used by a notary public who is authorized as an online notary public pursuant to section 147.63 of the Revised Code.(Q) "Online notarization" means the same as provided in section 147.60(I) of Revised Code. The term includes "online notarial act."(R) "Online notarization system" means a set of applications, programs, hardware, software, or technology designed to enable a notary public to perform online notarial acts.(S) "Online Notary Public" means the same as division (J) of section 147.60 of the Revised Code.(T) "Principal" means a person whose signature is notarized or a person, other than a credible witness, taking an oath or affirmation from the notary.(U) "Real time" means the actual span of uninterrupted, simultaneous communication during which all parts of an online notarial act using audio-video communication occur.(V) "Record" includes a document as defined in this chapter; an entry in a journal maintained by an online notary public pursuant to section 147.65 of the Revised Code; the audio-video recording required in section 147.65(D)(3) of the Revised Code; and a notary public's record kept by the secretary of state under section 147.05 of the revised code.(W) "Remote presentation" means the same as provided in division (L) of section 147.60 of the Revised Code.Ohio Admin. Code 111:6-1-01
Effective: 9/22/2019
Five Year Review (FYR) Dates: 09/22/2024
Promulgated Under: 119.03
Statutory Authority: 147.021, 147.031, 147.032, 147.08, 147.37, 147.62, 147.63, 147.65
Rule Amplifies: 147.021, 147.031, 147.032, 147.08, 147.37, 147.62, 147.63, 147.64, 147.65