AS Title 44, Chapter 50: Notaries Public

Chapter 50. Notaries Public. Sec. 44.50.010. Notary public commission; term. (a) The lieutenant governor may commission for the state (1) notaries public without limitation, who are authorized to use the notary seal for all legal purposes; and (2) limited governmental notaries public, who are state, municipal, or federal employees authorized to use the notary seal only for official government business. (b) The term of a notary public commission is four years, except that the term of a limited governmental notary public commission coincides with the term of government employment. (c) A person who is a state, municipal, or federal employee commissioned as a limited governmental notary public may also be commissioned as a notary public without limitation. Sec. 44.50.020. Qualifications. To be commissioned as a notary public, a person (1) shall submit an application under AS 44.50.032 ; (2) shall be at least 18 years of age; (3) shall have established residency in this state under AS 01.10.055 ; (4) shall reside legally in the United States; (5) may not, within 10 years before the commission takes effect, have been convicted of a felony or incarcerated in a correctional facility for a felony conviction; (6) may not, within 10 years before the commission takes effect, (A) have had the person's notary public commission revoked under AS 44.50.068 (a)(2) or (4) or under the notary public laws of another jurisdiction for a substantially similar reason; (B) have had the person's notary public commission revoked under AS 44.50.068 (a)(3), unless the person has reestablished residency in this state under AS 01.10.055 before the person submits the application; (C) have been disciplined under AS 44.50.068 if, at the time the person applies for a notary public commission under this chapter, the disciplinary action prohibits the person from holding a notary public commission; or (D) have been disciplined under the notary public laws of another jurisdiction if, at the time the person applies for a notary public commission under this chapter, the disciplinary action prohibits the person from holding a notary public commission; and (7) shall meet the other requirements in this chapter to be commissioned as a notary public. Sec. 44.50.030. Term of office. [Repealed, § 14 ch 60 SLA 2005.] Sec. 44.50.032. Application. (a) A person applying for a commission as a notary public shall submit a completed application as required by this section, using the forms or format required by the lieutenant governor. (b) A completed application for a commission under AS 44.50.010 (a)(1) must include (1) an affirmation that the applicant meets the qualifications set out in AS 44.50.020 (2) — (6); (2) the applicant's mailing and physical addresses; the applicant's telephone number, if any; the applicant's employer or business; the physical address and telephone number of the applicant's employer or business at the location where the applicant works; and an electronic mailing address, if any, where the applicant can be contacted; (3) information concerning any denial, suspension, revocation, or restriction of the applicant's commission as a notary public in this state or another jurisdiction; that information must include (A) identification of the jurisdiction; (B) the date the jurisdiction issued the denial, suspension, revocation, or restriction; (C) the reasons for the denial, suspension, revocation, or restriction; and (D) information concerning final resolution of the matter; (4) the applicant's notarized signature on the portion of the application that contains the oath or affirmation required by AS 44.50.035 ; (5) the fee required by AS 44.50.033 ; and (6) the bond required by AS 44.50.034 . (c) A completed application for a commission under AS 44.50.010 (a)(2) must include (1) a signed statement by the applicant's government employer that the commission is needed for the purpose of conducting official government business; (2) the applicant's mailing and physical addresses; the applicant's telephone number, if any; the applicant's employer; the name, address, and telephone number for the employer where the applicant works; and an electronic mailing address, if any, where the applicant can be contacted; (3) the affirmation, information, and signature required by (b)(1), (3), and (4) of this section; and (4) the fee required by AS 44.50.033 . Sec. 44.50.033. Application fee. A person applying for a commission as a notary public shall pay a nonrefundable application fee. The lieutenant governor shall set the amount of the fee by regulation. However, an applicant for a limited governmental notary public commission under AS 44.50.010 (a)(2) who is employed by the state may not be required to pay an application fee. Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary public without limitation under AS 44.50.010 (a)(1) shall execute an official bond of $2,500 and submit the bond with the application under AS 44.50.032 . The bond must be for a term of four years from the date of commission. (b) The lieutenant governor shall keep a bond submitted under this section for two years after the end of the term of the commission for which the bond was issued. Disposition of the bond after the end of the commission does not affect the time for commencing an action on the bond. Sec. 44.50.035. Oath. The application required by the lieutenant governor under AS 44.50.032 must contain an oath or affirmation, in the form set out in AS 39.05.045 , to be signed by the applicant. A signed oath or affirmation submitted in an application under AS 44.50.032 takes effect on the date of the applicant's commission as a notary public under this chapter. Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny an application for a notary public commission if the (1) applicant does not meet the requirements of this chapter; (2) application is not complete or contains a material misstatement or omission of fact relating to the requirements for a commission under this chapter; (3) applicant has, within 10 years before the commission is to take effect, been convicted of a felony or incarcerated in a correctional facility for a felony conviction; or (4) applicant's commission as a notary public has been revoked, within 10 years before the commission is to take effect, in (A) this state for a reason stated in (i) AS 44.50.068 (a)(2) or (4); (ii) AS 44.50.068 (a)(3), unless the person has reestablished residency in this state under AS 01.10.055 before the person submits the application; or (B) another jurisdiction for a reason substantially similar to AS 44.50.068 (a)(2) or (4). Sec. 44.50.037. Certificate of commission. Upon commission of a notary public under this chapter, the lieutenant governor shall provide to the notary public a certificate of commission indicating the commission and the dates of the term of the commission. Sec. 44.50.038. Subsequent commissions. A notary public whose term of commission is ending may apply for a new notary public commission by submitting a new application under AS 44.50.032 and complying with the requirements of this chapter. The lieutenant governor's approval of a new application for a commission for a notary public without limitation under AS 44.50.010 (a)(1) terminates an applicant's existing commission under that paragraph. Sec. 44.50.039. Limited governmental notaries public. A state, municipal, or federal employee commissioned as a notary public under AS 44.50.010 (a)(2) (1) is designated a limited governmental notary public; (2) may perform notarial acts only in the conduct of official government business; and (3) may not charge or receive a fee or other consideration for notarial services provided under this chapter. Sec. 44.50.040. Fees. [Repealed, § 14 ch 60 SLA 2005.] Sec. 44.50.050. [Renumbered as AS 44.50.180 (d).] Sec. 44.50.060. Duties. A notary public may (1) administer oaths and affirmations; (2) take the acknowledgment of or proof of execution of instruments in writing, and give a notarial certificate of the proof or acknowledgment, included in or attached to the instrument; the notarial certificate shall be signed by the notary public in the notary public's own handwriting or by electronic means as authorized by regulations adopted by the lieutenant governor; (3) give a notarial certificate stating that a tangible copy of an electronic record is an accurate copy of the electronic record. Sec. 44.50.061. Unauthorized practice. (a) A notary public who is not an attorney may complete but may not select notarial certificates, and may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. (b) This section does not prohibit a notary public who is qualified in and, if required, licensed to practice, a particular profession from giving advice relating to matters in that professional field. (c) A notary public may not make representations to have powers, qualifications, rights, or privileges that the office of notary public does not have. Sec. 44.50.062. Prohibited acts. A notary public may not (1) violate state or federal law in the performance of acts authorized by this chapter; (2) influence a person to enter into or avoid a transaction involving a notarial act by the notary public; (3) affix the notary public's signature or seal on a notarial certificate that is incomplete; (4) charge a fee for a notarial act unless a fee schedule has been provided to the signer before the performance of the notarial act; (5) affix the notary public's official seal to a document unless the person who is to sign the document (A) except as provided by AS 44.50.075 , appears and signs the document before the notary public or, for an acknowledgment, appears and indicates to the notary public that the person voluntarily affixed the person's signature on the document for the purposes stated within the document; (B) gives an oath or affirmation if required under law or if the notarial certificate states that the document was signed under oath or affirmation; (C) in the case of a notarial act performed in the physical presence of the notary public, is personally known to the notary public, produces government-issued identification containing the photograph and signature of the person signing, or produces (i) government-issued identification containing the signature of the person signing, but without a photograph; and (ii) another valid identification containing the photograph and signature of the person signing; and (D) in the case of a notarial act performed for a remotely located individual, satisfies the requirements of AS 44.50.075 ; (6) perform a notarial act if the notary public (A) is a signer of or named in the document that is to be notarized; or (B) will receive directly from a transaction connected with the notarial act a commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the normal fee charged by the notary for the notarial act. Sec. 44.50.063. Official signature. (a) When performing a notarization, a notary public shall (1) sign in the notary public's own handwriting, on the notarial certificate, exactly and only the name indicated on the notary public's commission certificate, or sign an electronic document by electronic means as authorized by regulations adopted by the lieutenant governor; and (2) affix the official signature only at the time the notarial act is performed. (b) A notary public shall comply in a timely manner with a request by the lieutenant governor to supply a current sample of the notary public's official handwritten signature and information regarding the notary public's electronic signature. (c) Within 10 days after the security of a notary public's electronic signature has been compromised, the notary public shall provide the lieutenant governor with written notification that the signature has been compromised. After the notary public has provided the lieutenant governor with the notification, the notary public shall provide the lieutenant governor with any additional information that the lieutenant governor requests about the compromise of the signature. Sec. 44.50.064. Official seal. (a) A notary public shall keep an official seal, which is the exclusive property of the notary public, and shall ensure that another person does not possess or use the official seal. (b) A notary public's official seal (1) must contain (A) the notary public's name exactly as indicated on the notary public's commission certificate; (B) the words “Notary Public” and “State of Alaska”; and (2) may be a circular form not over two inches in diameter, may be a rectangular form not more than one inch in width by two and one-half inches in length, or may be an electronic form as authorized by regulations adopted by the lieutenant governor. (c) When not in use, a notary public's official seal shall be kept secure and under the exclusive control of the notary public. (d) Within 10 days after a notary public's official seal is stolen or lost, or the security of the notary public's official electronic seal is compromised, the notary public shall provide the lieutenant governor with written notification of the theft, loss, or compromised security. After the notary public has provided the lieutenant governor with the notification, the notary public shall provide the lieutenant governor with any additional information that the lieutenant governor requests about the compromise of the seal. (e) In order to avoid misuse, a notary public's official seal shall be destroyed or defaced (1) upon the notary public's resignation or death; (2) upon the revocation or termination by the lieutenant governor of the notary public's commission; or (3) when the notary public's term of commission ends if the notary public has not received a new commission under this chapter. Sec. 44.50.065. Seal impression or depiction. (a) With regard to each paper document being notarized, a sharp, legible, photographically reproducible impression or depiction of a notary public's official seal shall be affixed (1) on the notarial certificate near the notary public's official signature; and (2) only at the time the notarial act is performed. (b) For a notarized paper document, illegible information within a seal impression or depiction may be typed or printed legibly by the notary public adjacent to, but not within, the impression or depiction. (c) An embossed seal impression that is not photographically reproducible may be used in addition to, but not in place of, the seal impression or depiction required by (a) of this section. (d) A notary public may use a seal in electronic form on electronic documents notarized by the notary public as authorized by regulations adopted by the lieutenant governor. The seal shall be affixed only at the time the notarial act is performed. Sec. 44.50.066. Notary public's status notification. (a) Within 30 days after change of a notary public's name, mailing address, or physical address, the notary public shall, on a form provided by the lieutenant governor, submit written notification of the change, signed by the notary public. (b) The lieutenant governor may require limited governmental notaries public commissioned under AS 44.50.010 (a)(2) who change departmental or agency employers to submit written notification of the change on a form provided by the lieutenant governor. (c) A notary public commissioned under AS 44.50.010 (a)(1) reporting a name change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 for the issuance of a replacement certificate of commission. (d) A notary public reporting a name change under (a) and (c) of this section shall use the person's former name for the performance of notarial acts until the person has (1) provided written notification of the name change to the surety for any bond required under AS 44.50.034 ; (2) received a replacement certificate of commission reflecting the name change from the lieutenant governor; and (3) obtained a new seal reflecting the name change. (e) The lieutenant governor may require a notary public to update the information required under AS 44.50.032 , including the notary public's current notarized signature and information regarding the notary public's electronic signature. Sec. 44.50.067. Resignation. (a) To resign a commission, a notary public shall notify the lieutenant governor in writing of the resignation and the date that it is effective. The notary public shall sign the notification. (b) A notary public who does not any longer meet the requirements of this chapter to be a notary public shall immediately resign the commission. Sec. 44.50.068. Disciplinary action; complaint; appeal; hearing; delegation. (a) The lieutenant governor may suspend or revoke a notary public's commission or reprimand a notary public for good cause shown, including (1) a ground on which an application for a commission may be denied; (2) failure to comply with this chapter; (3) failure to maintain residency in this state under AS 01.10.055 ; and (4) incompetence or malfeasance in carrying out the notary public's duties under this chapter. (b) A person harmed by the actions of a notary public may file a complaint with the lieutenant governor. The complaint shall be filed on a form prescribed by the lieutenant governor and shall be signed and verified by the person alleging misconduct by the notary public. (c) If the lieutenant governor determines that the allegations in the complaint do not warrant formal disciplinary action, the lieutenant governor may decline to act on the complaint or may advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. The lieutenant governor shall notify the notary public and the complainant of the determination in writing. (d) If the lieutenant governor determines that the complaint alleges sufficient facts to constitute good cause for disciplinary action, the lieutenant governor shall serve the notary public with a copy of the complaint as provided in Rule 4, Alaska Rules of Civil Procedure. The notary public may file a written response to the complaint with the lieutenant governor within 20 days after receipt of the complaint. The lieutenant governor may extend the time for the notary public's response. The lieutenant governor shall provide a copy of the notary public's response to the complainant. (e) The lieutenant governor shall review the complaint and the response to determine whether formal disciplinary action may be warranted. The lieutenant governor may determine that the allegations in the complaint do not warrant formal disciplinary action, in which case the lieutenant governor may determine not to take further action on the complaint or may determine to advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. If the lieutenant governor determines that formal disciplinary action is not warranted, the lieutenant governor shall provide the complainant and the notary public with a written statement of the basis for the determination. (f) If the lieutenant governor finds that formal disciplinary action may be warranted, the lieutenant governor may suspend or revoke a notary public's commission or reprimand a notary public. If the lieutenant governor suspends or revokes the commission or issues a reprimand, the lieutenant governor shall provide, by certified mail, the notary public with a written statement of the lieutenant governor's decision, including a written statement of the basis for the determination. (g) A person who is issued a reprimand, suspension, or revocation under (f) of this section may appeal the reprimand, suspension, or revocation by requesting a hearing within 15 days after receiving the statement provided under (f) of this section. If a hearing is requested, the lieutenant governor shall deny or grant the request under AS 44.64.060 (b) and refer the matter to the office of administrative hearings under AS 44.64.060 (b). (h) The lieutenant governor may delegate the powers under this section. Sec. 44.50.070. Presence and identification required. [Repealed, § 14 ch 60 SLA 2005.] Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and electronic mail address of a notary public or an applicant that is submitted under AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as confidential shall be kept confidential. However, a notary public shall provide a nonconfidential address and telephone number at which the notary public can be contacted. (b) Compilations and data bases of those addresses, telephone numbers, and electronic mail addresses of notaries public that are confidential under (a) of this section shall be kept confidential, except that the lieutenant governor may disclose compilations and data bases if the lieutenant governor determines that disclosure is in the public interest. (c) A complaint filed under AS 44.50.068 shall be kept confidential unless the lieutenant governor determines under AS 44.50.068 (d) that the complaint alleges sufficient facts to constitute good cause for disciplinary action. Sec. 44.50.072. Regulations. (a) The lieutenant governor shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter. (b) The regulations adopted by the lieutenant governor under this section must provide standards for (1) communication technology and identity proofing; and (2) sufficient forms of notarial certificates for notarial acts performed for remotely located individuals. (c) The regulations adopted by the lieutenant governor under this section may (1) prescribe the manner of performing notarial acts regarding tangible and electronic records; (2) include provisions to ensure that a change to or tampering with a record bearing a notarial certificate is self-evident; (3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; and (4) include provisions to prevent fraud or a mistake in the performance of notarial acts. (d) In adopting, amending, or repealing a regulation regarding notarial acts with respect to electronic records, the lieutenant governor shall consider, so far as is consistent with this chapter, (1) the most recent standards regarding electronic records adopted by national bodies; (2) standards, practices, and customs of other jurisdictions with substantially similar provisions; and (3) the views of other governmental officials and entities and other interested persons. (e) A regulation adopted by the lieutenant governor regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. Sec. 44.50.073. Published summary. The lieutenant governor may publish by electronic means for commissioned notaries public a summary of the provisions of this chapter and the regulations adopted under this chapter. The lieutenant governor shall, upon request, distribute the summary to each person who is commissioned a notary public under this chapter. Sec. 44.50.075. Notarial act performed for remotely located individual. (a) A remotely located individual may comply with AS 44.50.062 (5)(A) by using communication technology to appear before a notary public. (b) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if (1) the notary public has (A) personal knowledge of the identity of the individual; (B) obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under AS 44.50.062 (5)(A); or (C) obtained satisfactory evidence of the identity of the remotely located individual by using (i) a government-issued identification card; (ii) a credential analysis of the identification card described in (i) of this subparagraph; in this sub-subparagraph, “credential analysis” means a form of identity proofing by which a third person affirms the accuracy of a government-issued identification card; and (iii) at least one type of identity proofing; (2) the notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature; (3) the notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and (4) for a remotely located individual located outside the United States, (A) the record (i) is to be filed with or relates to a matter before a public official, court, governmental entity, or other entity subject to the jurisdiction of the United States; or (ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and (B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located. (c) If a notarial act is performed under this section, the notarial certificate required under AS 44.50.060 must state that the notarial act was performed using communication technology. A statement is sufficient if it states substantially as follows: “This notarial act involved the use of communication technology.” (d) A notary public, guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under (b)(3) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by regulation adopted under (f)(4) of this section, the recording must be retained for a period of at least 10 years after the recording is made. (e) Before a notary public performs the notary public's initial notarial act under this section, the notary public shall notify the lieutenant governor that the notary public will be performing notarial acts with respect to remotely located individuals and identify the communication technologies the notary public intends to use. If the lieutenant governor has established standards under (f)(3) of this section or AS 44.50.072 for approval of communication technology or identity proofing, the communication technologies and identity proofing must conform to the standards. (f) In addition to adopting regulations under AS 44.50.072 , the lieutenant governor may adopt regulations regarding performance of a notarial act under this section. The regulations may (1) prescribe the means of performing a notarial act involving a remotely located individual using communication technology; (2) establish standards for communication technology and identity proofing; (3) establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and (4) establish standards and a period for the retention of an audiovisual recording created under (b)(3) of this section. (g) Before adopting, amending, or repealing a regulation governing performance of a notarial act with respect to a remotely located individual, the lieutenant governor shall consider (1) the most recent standards regarding the performance of a notarial act with respect to a remotely located individual adopted by national standard-setting organizations; (2) standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and (3) the views of other governmental officials and entities and other interested persons. (h) By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audiovisual recording created under (b)(3) of this section, the provider of the communication technology, identity proofing, or storage appoints the lieutenant governor as the provider's agent for service of process in any civil action in this state related to the notarial act. (i) In this section, (1) “foreign state” means a jurisdiction other than the United States, a state, or a federally recognized tribe; (2) “outside the United States” means a location outside the geographic boundaries of the United States, the Commonwealth of Puerto Rico, the United States Virgin Islands, and a territory, insular possession, or other location subject to the jurisdiction of the United States. Sec. 44.50.078. Journal. (a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs under AS 44.50.075 . The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal. (b) A notary public may create a journal on a tangible medium or in an electronic format. A notary public shall maintain at least one journal in a tangible medium to chronicle all notarial acts described in (a) of this section. A notary public may maintain one or more journals in an electronic format to chronicle all notarial acts described in (a) of this section. If a journal is maintained in an electronic format, the journal must be in a permanent, tamper-evident electronic format complying with the regulations of the lieutenant governor under AS 44.50.072 . (c) A notary public shall make an entry in a journal contemporaneously with performance of the notarial act, and an entry must contain the following information: (1) the date and time of the notarial act; (2) a description of the record, if any, and type of notarial act; (3) the full name and address of each individual for whom the notarial act is performed; (4) if identity of the individual is based on personal knowledge, a statement to that effect; (5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of the identification credential; and (6) the fee, if any, charged by the notary public. (d) If a notary public's journal is lost or stolen, the notary public shall promptly notify the lieutenant governor upon discovering that the journal is lost or stolen. (e) Upon resignation from, or revocation or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with (a) of this section and inform the lieutenant governor where the journal is located. Secs. 44.50.080 — 44.50.140. Seal; Protest of bill or note; Return of papers to lieutenant governor; Application of Administrative Procedure Act to revocation of notary commission; Bond; Filing oath and bond; Disposition of bond. [Repealed, § 14 ch 60 SLA 2005.] Sec. 44.50.145. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record. (a) A notary public may select one or more tamper-evident technologies with which to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. (b) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the lieutenant governor that the notary public will be performing notarial acts with respect to electronic records and identify the communication technology the notary public intends to use. If the lieutenant governor has established standards for approval of communication technology under AS 44.50.072 or 44.50.075, the technology must conform to the standards. If the communication technology conforms to the standards, the lieutenant governor shall approve the use of the communication technology. (c) A recorder may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. Sec. 44.50.150. Copy of bond as evidence. A certified copy of the record of the official bond with all affidavits, acknowledgments, endorsements, and attachments may be read in evidence with the same effect as the original, without further proof. Sec. 44.50.160. Misconduct or neglect. A notary and the sureties on the official bond are liable to persons injured for the damages sustained on account of misconduct or neglect of the notary. Sec. 44.50.165. Validity of notarial acts. The failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on a law of this state other than this chapter or a law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform a notarial act. Sec. 44.50.170. State employees as notaries. [Repealed, § 14 ch 60 SLA 2005.] Sec. 44.50.180. Postmasters as notaries. (a) Each postmaster in the state may perform the functions of a notary public in the state. (b) Each official act of a postmaster as a notary public shall be signed by the postmaster, with a designation of the person's title as postmaster, shall have the cancellation stamp of the post office affixed, and shall state the name of the post office and the date on which the act was done. (c) [Repealed, § 14 ch 60 SLA 2005.] (d) Nothing in this chapter requires a postmaster to post a bond or to have a commission. Sec. 44.50.185. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act) but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). Sec. 44.50.190. Savings clause. [Repealed, § 14 ch 60 SLA 2005.] Sec. 44.50.200. Definitions. In this chapter, unless the context otherwise requires, (1) “acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record; (2) “communication technology” means an electronic device or process that (A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (B) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a visual, hearing, or speech impairment; (3) “convicted” or “conviction” means that the person has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury; (4) “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (5) “electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record; (6) “identity proofing” means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources; (7) “in a representative capacity” means acting as (A) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual; (B) a public officer, personal representative, guardian, or other representative in the capacity stated in a record; (C) an agent or attorney-in-fact for a principal; or (D) an authorized representative of another in any other capacity; (8) “notarial act” means an act, whether performed with respect to a tangible or electronic record, that is identified as a notarial act under AS 09.63.120 and an act that a notary public is directed to perform under AS 44.50.060 ; (9) “notarial officer” means a notary public or other individual authorized to perform a notarial act; (10) “notary public” means a person commissioned to perform notarial acts under this chapter; (11) “record” 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; (12) “remotely located individual” means an individual who is not in the physical presence of a notary public who performs a notarial act under AS 44.50.075 ; (13) “sign” means, with present intent to authenticate or adopt a record, to (A) execute or adopt a tangible symbol; or (B) attach to or logically associate with the record an electronic symbol, sound, or process; (14) “signature” means a tangible symbol or an electronic signature that evidences the signing of a record.