PURPOSE: This rule provides definitions pertaining to the use of electronic signatures and seals by notaries.

1. (1) The following definitions, except where inconsistent with Chapter 486, RSMo, shall mean:

   1. (A) “Capable of independent verification” means that any interested person may confirm the validity of a notary public’s identity and authority through a publicly accessible system;
   2. (B) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
   3. (C) “Electronic signature” means a symbol that is executed with technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities and is attached to or logically associated with an electronic record and is executed or adopted by a person with the intent to sign the record;
   4. (D) “Electronic seal” means an electronic representation of a notary’s seal;
   5. (E) “Electronic notarial certificate” means the portion of a notarized electronic document that is completed by the notary public, bears the notary public’s electronic signature and electronic seal, and meets all other statutory requirements of this state regarding notarial certificates;
   6. (F) “Principal” means an individual whose signature is notarized, or an individual, other than a witness required for the electronic notarization, taking an oath or affirmation from the notary public;
   7. (G) “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; and
   8. (H) “Sole control” means at all times being in the direct physical custody of the notary public or safeguarded by the notary with a password or other secure means of authentication.

AUTHORITY: section 486.275, RSMo 2016.* Emergency rule filed Dec. 21, 2016, effective Dec. 31, 2016, expired June 28, 2017. Original rule filed Dec. 21, 2016, effective June 30, 2017. *Original authority: 486.275, RSMo 1977, amended 2016. 15 CSR 30-110