In this chapter:
 1. “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.

Terms Used In Iowa Code 9B.2

  • 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.
  • 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.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • 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.
  • 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.
  • oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
  • Oath: A promise to tell the truth.
  • 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 individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes all the states. See Iowa Code 4.1
 2. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
 3. “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.
 4. “In a representative capacity” means acting as any of the following:

 a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
 b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
 c. An agent or attorney-in-fact for a principal.
 d. An authorized representative of another in any other capacity.
 5. “Instrument affecting real property” means a written instrument conveying or encumbering real property including an instrument affecting real estate as defined in section 558.1 or any similar instrument provided in chapter 558.
 6. “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.
 7. “Notarial officer” means a notary public or other individual authorized to perform a notarial act.
 8. “Notary public” means an individual commissioned to perform a notarial act by the secretary of state.
 9. “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.
 10. “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.
 11. a. “Personal appearance” means an act of a party to physically appear within the presence of a notarial officer at the time the notarial act is performed.

 b. Except as provided in section 9B.14A, “personal appearance” does not include appearances which require video, optical, or technology with similar capabilities.
 12. “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.
 13. “Remote facilitator” means a person who participates in performing a notarial act under section 9B.14A, by doing any of the following:

 a. Providing communication technology used by a public notary or remotely located individual.
 b. Creating, transmitting, or retaining audio-visual recordings on behalf of a notary public.
 14. “Sign” means, with present intent to authenticate or adopt a record, to do any of the following:

 a. Execute or adopt a tangible symbol.
 b. Attach to or logically associate with the record an electronic symbol, sound, or process.
 15. “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
 16. “Stamping device” means any of the following:

 a. A physical device capable of affixing to or embossing on a tangible record an official stamp.
 b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
 17. “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.
 18. “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.
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