(a) Acknowledgment means a notarial act in which a notary certifies that a signer, whose identity is proven on the basis of satisfactory evidence, has admitted, in the notary’s presence, having signed a document voluntarily for its stated purpose.

(b) Commission means to empower to perform notarial acts and the written authority to perform those acts.

(c) Copy certification means a notarial act in which a notary certifies having made a photocopy of a document that is neither a public record nor publicly recordable.

(d) A crime involving moral turpitude includes any felony committed in Guam or any crime committed outside Guam that would be a felony under Guam law, any crime involving personal injury, and any crime involving a breach of official duty if done willfully.

(e) Fund means the Notary Public Revolving Fund as set forth in this Chapter.

(f) Jurat means a notarial act in which a notary certifies that a signer, whose identity is proven on the basis of satisfactory evidence, has made, in the notary’s presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed document.

(g) Notarial act and notarization mean any act that a notary is empowered to perform under Section 33301 of this Chapter.

(h) Notarial certificate and certificate mean that part of or attachment to a notarized document for completion by the notary and bearing the notary’s signature and seal.

(i) Notary Public and notary mean any person commissioned to perform notarial acts under this Chapter.

(j) Oath and affirmation mean a notarial act or part thereof in which a notary certifies that a person made a vow in the presence of the notary on penalty of perjury, with reference made to a Supreme Being for an oath.

(k) Official misconduct means:

(1) a notary’s performance of or failure to perform any act prohibited or mandated, respectively, by this Chapter or by any other law in connection with a notarization; or

(2) a notary’s performance of a notarial act in a manner found by the Attorney General to be negligent or against the public interest.

(l) Personal knowledge of identity means familiarity with an individual resulting from contact with that individual over a period of time sufficient to eliminate everyreasonable doubt that the individual has the identity claimed.

(m) Satisfactory evidence of identity means identifica- tion of an individual based on:

(1) any current passport or

(2) an official identification issued by a federal or state government with the individual’s photograph and signature or

(3) personal knowledge of identity.

(n) State includes any state of the United States, any United States territory, possession, or commonwealth, and the District of Columbia.

SOURCE: Added by P.L. 21-106:2 (May 29, 1992), amended by P.L.
23-081:2 (Mar. 12, 1996).

2015 NOTE: Subsection designations in (k) and (m) were altered to reflect the Compiler’s alpha-numeric scheme pursuant to 1 Guam Code Ann. § 1606.