(a) Appear, or personally appear, or in the presence of
means:

(1) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or

(2) interacting with another individual by means of communication technology that complies with the provisions of this Chapter.

(b) Communication technology means an electronic device or process that allows a notary public physically
located in Guam and a remotely located individual to communicate with each other simultaneously by sight and sound, and which, as necessary, makes reasonable accommodations for individuals with vision, hearing, or speech impairments.

(c) Credential analysis means a process or service that meets the standards established by the Attorney General of Guam through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources.

(d) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(e) Electronic record means information that is created, generated, sent, communicated, received, or stored by electronic means.

(f) Electronic seal means information within a notarized electronic record that confirms the remote online notary public’s name, jurisdiction, identifying number and commission expiration date, and generally corresponds to information in notary seals used on paper documents.

(g) Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic document.

(h) Identity proofing means a process or service operating according to standards established by the Attorney General of Guam through which a third person affirms the identity of an individual:

(1) by means of dynamic knowledge-based authentication such as a review of personal information from public or proprietary data sources; or

(2) by means of analysis of biometric data such as, but not limited to, facial recognition, voiceprint analysis, or fingerprint analysis.

(i) Notarial act means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under Guam law. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, and certifying or attesting a copy.

(j) Outside the United States means outside the geographic boundaries of Guam, a state of the United States, the District of Columbia, or any other territory, commonwealth, or insular possession subject to the jurisdiction of the United States.

(k) Principal means an individual:

(1) whose electronic signature is notarized in a remote online notarization; or

(2) making an oath or affirmation or an acknowledgement other than in the capacity of a witness for the remote online notarization.

(l) Remote online notarial certificate is the form of an acknowledgement, jurat, verification on oath or affirmation, or verification of witness or attestation that is completed by a remote online notary public and:

(1) contains the online notary public’s electronic signature, electronic seal, title, and commission expiration date;

(2) contains other required information concerning the date and place of the remote online notarization;

(3) otherwise conforms to the requirements for an acknowledgement, jurat, verification on oath or affirmation, or verification of witness or attestation under Guam law; and

(4) indicates that the person making the acknowledgement, oath or affirmation appeared remotely online.
(m) Remote online notarization or remote online notarial act means a notarial act performed by means of communication technology that meets the standards adopted under this Article.

(n) Remote online notary public means a notary public who has been authorized by the Attorney General of Guam to perform remote online notarizations under this Article.

(o) Remote presentation means transmission to the remote online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the remote online notary public to:

(1) identify the individual seeking the remote online notary public’s services; and

(2) perform credential analysis.

(p) Remotely located individual means an individual who is not in the physical presence of the notary.