New Hampshire Revised Statutes 456-B:1 – Definitions
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I. “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer is authorized to perform under the law of this state, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
II. “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purposes stated therein 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 therein.
III. “Verification upon oath or affirmation” means a declaration that a statement is true made by an individual upon oath or affirmation.
IV. “In a representative capacity” means acting as:
(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 recited in the instrument;
(c) An agent or attorney in fact for a principal; or
(d) In any other capacity as an authorized representative of another.
V. “Notarial officer” means a notary public, justice of the peace, or other officer authorized to perform notarial acts.
VI. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
VII. “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.
VIII. “Notary public” means an individual appointed to perform a notarial act by the governor and executive council.
IX. “Official stamp” means an official seal of office consisting of a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
X. “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.
XI. “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.
XII. “Sign” means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
XIII. “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
XIV. “Stamping device” means:
(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
XV. “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.
II. “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purposes stated therein 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 therein.
Terms Used In New Hampshire Revised Statutes 456-B:1
- 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.
- 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.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
- 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: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trustee: A person or institution holding and administering property in trust.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. “Verification upon oath or affirmation” means a declaration that a statement is true made by an individual upon oath or affirmation.
IV. “In a representative capacity” means acting as:
(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 recited in the instrument;
(c) An agent or attorney in fact for a principal; or
(d) In any other capacity as an authorized representative of another.
V. “Notarial officer” means a notary public, justice of the peace, or other officer authorized to perform notarial acts.
VI. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
VII. “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.
VIII. “Notary public” means an individual appointed to perform a notarial act by the governor and executive council.
IX. “Official stamp” means an official seal of office consisting of a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
X. “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.
XI. “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.
XII. “Sign” means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
XIII. “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
XIV. “Stamping device” means:
(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
XV. “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.