Subdivision 1. Scope. For purposes of sections 358.51 to 358.76, the terms defined in subdivisions 2 to 16 have the meanings given them.
Subd. 2. Acknowledgment. "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.
Subd. 3. Electronic. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
Subd. 4. Electronic signature. "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.
Subd. 5. In a representative capacity. "In a representative capacity" means acting as:
(1) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(2) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
(3) an agent or attorney-in-fact for a principal; or
(4) an authorized representative of another in any other capacity.
Subd. 6. Notarial act. "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
Subd. 7. Notarial officer. "Notarial officer" means a notary public or other individual authorized to perform a notarial act.
Subd. 8. Notary public. "Notary public" means an individual commissioned to perform a notarial act.
Subd. 9. Official stamp. "Official stamp" means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record.
Subd. 10. Person. "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
Subd. 11. Record. "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.
Subd. 12. Sign. "Sign" means, with present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound, or process.
Subd. 13. Signature. "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.
Subd. 14. Stamping device. "Stamping device" means:
(1) a physical device capable of affixing to a tangible record an official stamp; or
(2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
Subd. 15. State. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Subd. 16. Verification on oath or affirmation. "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
2018 c 176 art 1 s 2
Structure Minnesota Statutes
Chapters 357 - 359 — Court And Filing Fees; Attestations
Chapter 358 — Seals, Oaths, Acknowledgments
Section 358.01 — Private Seals Abolished.
Section 358.028 — Legislators, Official Stamps.
Section 358.03 — Form Of Official Seals.
Section 358.04 — Temporary Seal, When Used.
Section 358.05 — Oath Of Office.
Section 358.06 — Trustees, Referees.
Section 358.07 — Forms Of Oath In Various Cases.
Section 358.08 — Affirmation In Lieu Of Oath.
Section 358.09 — By Whom And How Administered.
Section 358.10 — Officials May Administer, When.
Section 358.11 — Oaths, Where Filed.
Section 358.115 — Unsworn Foreign Declarations.
Section 358.116 — Court Documents.
Section 358.14 — Married Persons.
Section 358.15 — Ex Officio Notary Public.
Section 358.25 — Power Given For Taking Acknowledgments For Protesting Bills Of Exchange.
Section 358.50 — Effect Of Acknowledgment.
Section 358.53 — Applicability.
Section 358.54 — Authority To Perform Notarial Act.
Section 358.55 — Requirements For Certain Notarial Acts.
Section 358.56 — Personal Appearance Required.
Section 358.57 — Identification Of Individual.
Section 358.58 — Authority To Refuse To Perform Notarial Act.
Section 358.59 — Signature If Individual Unable To Sign.
Section 358.60 — Notarial Act In This State.
Section 358.61 — Notarial Act In Another State.
Section 358.62 — Notarial Act Under Authority Of Federally Recognized Tribe.
Section 358.63 — Notarial Act Under Federal Authority.
Section 358.64 — Foreign Notarial Act.
Section 358.645 — Remote Online Notary Public.
Section 358.646 — Recording Electronic Documents In Tangible Form.
Section 358.65 — Certificate Of Notarial Act.
Section 358.66 — Short Form Certificates.
Section 358.67 — Official Stamp.
Section 358.68 — Stamping Device Security.
Section 358.69 — Performance Of Notarial Act On Electronic Record.
Section 358.71 — Database Of Notaries Public.
Section 358.72 — Prohibited Acts.
Section 358.73 — Validity Of Notarial Acts.
Section 358.74 — Notary Public Commission In Effect.
Section 358.75 — Savings Clause.
Section 358.76 — Relation To Electronic Signatures In Global And National Commerce Act.