Terms Used In Vermont Statutes > Title 26 > Chapter 103 - Notaries Public

• Acknowledgment: means a declaration by an individual before a notary public 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. See
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Commissioner: means Commissioner of Motor Vehicles unless otherwise stated. See
• Commissioner: means the Commissioner of Motor Vehicles. See
• Communication technology: means an electronic device or process operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter that:

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person, partnership, corporation, or other entity engaged in the business of selling or exchanging new or used motor vehicles, snowmobiles, motorboats, or all-terrain vehicles. See
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means Department of Motor Vehicles unless otherwise stated. See
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
• Electronic signature: means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. See
• engaged in the business: means having sold or exchanged at least 12 cars or motor trucks, or a combination thereof, in the immediately preceding year, or 24 in the two immediately preceding years. See
• Estate: means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this State. See
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means executor, administrator of any description, and trustee. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Foreign state: means a government other than the United States, a state, or a federally recognized Indian tribe. See
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Holding tank: means a container or device designed to provide for the retention of wastes on board a vessel and to prevent the discharge of wastes into the waters of this State. See
• Identity proofing: means a process or service operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter 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. See
• In a representative capacity: means acting as:

• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Marine toilet: means any toilet on or within any vessel except those that have been permanently sealed and made inoperative. See
• Masthead light: means a white light placed over the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Month: means 30 days and "year" means 365 days. See
• Motor home: means a new or used pleasure car designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van. See
• Motorboat: means any vessel equipped with machinery capable of propelling the vessel, whether or not such machinery is the principal source of propulsion. See
• Notarial act: means an act, whether performed with respect to a tangible or an electronic record, that a notary public may perform under the law of this State. See
• notarial certificate: means the part of, or attachment to, a notarized document that is completed by a notary public, bears the required information set forth in section 5367 of this chapter, and states the facts attested to or certified by the notary public in a particular notarization. See
• Notarial officer: means a notary public or other individual authorized to perform a notarial act

• Notary public: means an individual commissioned to perform a notarial act by the Office. See
• Oath: A promise to tell the truth.
• Oath: shall include affirmation where by law an affirmation may be substituted. See
• Office: means the Office of Professional Regulation within the Office of the Secretary of State. See
• Official stamp: means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. See
• Operate: includes an attempt to operate and shall be construed to cover all matters and things connected with the presence and use of snowmobiles whether they be at motion or rest. See
• Owner: means a person, other than a lienholder, having the property in or title to a vessel. See
• 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 any individual, partnership, association, joint stock company, corporation, government, political subdivision, governmental agency, or local governmental agency. See
• Person: means any individual, firm, partnership, joint venture, association, social club, fraternal organization, estate, trust, fiduciary, receiver, trustee, or corporation. See
• Person: means an individual, corporation, business trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See
• Person: means an individual, partnership, firm, corporation, association, or other entity. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Person interested in the estate: means any person entitled to receive, or who has received, from a decedent or by reason of the death of a decedent any property or interest therein included in the decedent's estate. See
• Personal property: All property that is not real property.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Privilege to operate: includes the privilege of a nonresident to operate a motor vehicle within the State and includes the privilege of a resident to obtain a license. See
• Probate: Proving a will
• Purchase price: means the gross consideration, exclusive of the tax hereby imposed, that is to be paid for the motor vehicle, expressed in terms of U. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remotely located individual: means an individual who is not in the physical presence of the notary public who performs a notarial act under section 5379 of this chapter. See
• Rental company: means any person offering pleasure cars for rent on a short-term basis. See
• Resident: shall include all legal residents of this State and in addition thereto any person who accepts employment or engages in a trade, profession, or occupation in this State for a period of at least six months. See
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sailboard: means a sailboat whose unsupported mast is attached to a surfboard-like hull by a flexible joint. See
• Sailing vessel: means any vessel under sail, provided that propelling machinery, if fitted, is not being used. See
• Sign: means , with present intent to authenticate or adopt a record:

• Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See
• Stamping device: means :

• State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
• State: means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• Statute: A law passed by a legislature.
• Sternlight: means a white light placed as nearly as practicable at the stern, showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67. See
• sworn: shall include affirmed. See
• Tax: means the federal estate tax and the estate tax payable to this State and interest and penalties imposed in addition to the tax. See
• Taxable cost: means the purchase price as defined in subdivision (4) of this section or the taxable cost as determined under section 8907 of this title. See
• Title: shall include possession under a sale or purchase that reserves title as security to the seller. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Trustee: A person or institution holding and administering property in trust.
• Verification on oath or affirmation: means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true. See
• Vessel: means every description of watercraft, other than a seaplane on the water or a racing shell or rowing scull occupied exclusively by individuals over 12 years of age, used or capable of being used as a means of transportation on water. See