Michigan Laws 55.263 – Definitions; A to I
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Terms Used In Michigan Laws 55.263
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of state. See Michigan Laws 55.263
- Electronic: means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 55.263
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- In a representative capacity: means any of the following:
(i) For and on behalf of a corporation, limited liability company, partnership, trust, association, or other legal entity as an authorized officer, manager, agent, partner, trustee, or other representative of the entity. See Michigan Laws 55.263In the presence of: means either of the following:
(i) In the same physical location with and close enough to see, hear, communicate with, and exchange tangible identification credentials with another individual. See Michigan Laws 55.263Information: includes data, text, images, sounds, codes, computer programs, software, and databases. See Michigan Laws 55.263 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual or a corporation, business trust, statutory trust, estate, partnership, trust, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 55.265 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. See Michigan Laws 55.265 Remote electronic notarization platform: means any combination of technology that enables a notary public to perform a notarial act remotely; that allows the notary public to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing. See Michigan Laws 55.265 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 55.267 Trustee: A person or institution holding and administering property in trust.
As used in this act:
(a) “Acknowledgment” means a declaration by an individual in the presence of a notary public that he or she has signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she signed the record with the proper authority and signed it as the act of the person identified in the record.
(b) “Cancellation” means the nullification of a notary public commission due to an error or defect or because the notary public is no longer entitled to the commission.
(c) “Credential analysis” means a process or service by which a third party affirms the validity of an identity document described in section 25(6)(c) through a review of public and proprietary data sources conducted remotely.
(d) “Department” means the department of state.
(e) “Electronic” means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(f) “Electronic notarization system” means a set or system of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations.
(g) “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.
(h) “Identity proofing” means a process or service by which a third party provides a notary public with a reasonable means to verify the identity of an individual through a review of personal information from public or proprietary data sources conducted remotely.
(i) “Information” includes data, text, images, sounds, codes, computer programs, software, and databases.
(j) “In a representative capacity” means any of the following:
(i) For and on behalf of a corporation, limited liability company, partnership, trust, association, or other legal entity as an authorized officer, manager, agent, partner, trustee, or other representative of the entity.
(ii) As a public officer, personal representative, guardian, or other representative in the capacity recited in the record.
(iii) As an attorney in fact for a principal.
(iv) In any other capacity as an authorized representative of another person.
(k) “In the presence of” means either of the following:
(i) In the same physical location with and close enough to see, hear, communicate with, and exchange tangible identification credentials with another individual.
(ii) Interacting with another individual by means of audio and visual communication technology that is part of a remote electronic notarization platform approved under section 26b or 2-way real-time audiovisual technology that meets the requirements under section 26c.