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November 18, 2024
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Definition
Acknowledgment: “'[A]cknowledgment' 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” (AS 44.50.200[4]).
Acknowledged Before Me: “The words ‘acknowledged before me’ mean that
“(1) the person acknowledging
“(A) appeared before the person taking the acknowledgment;
“(B) acknowledged that the person executed the instrument;
“(C) in the case of
“(i) a natural person, acknowledged that the person executed the instrument for the purposes stated in it;
“(ii) an officer or agent of a corporation, acknowledged that the person held the position or title set out in the instrument and certificate, acknowledged that the person signed the instrument on behalf of the corporation by proper authority, and acknowledged that the instrument was the act of the corporation for the purposes stated in it;
“(iii) a member or manager of a limited liability company, acknowledged that the individual signed the instrument on behalf of the limited liability company by proper authority and executed the instrument as the act of the limited liability company for the purposes stated in it;
“(iv) a partner or agent of a partnership, limited partnership, or limited liability partnership, acknowledged that the person signed the instrument on behalf of the partnership by proper authority and executed the instrument as the act of the partnership for the purposes stated in it;
“(v) a person acknowledging as a principal by an attorney in fact, acknowledged that the person executed the instrument by proper authority as the act of the principal for the purposes stated in it;
“(vi) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, acknowledged that the person signed the instrument in the capacity and for the purposes stated in it; and
“(2) the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging is the person named in the instrument or certificate” (AS 09.63.090).In a Representative Capacity: 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 stated in a record;
“(C) an agent or attorney-in-fact for a principal; or
“(D) an authorized representative of another in any other capacity” (AS 44.50.200[9]).
Requirements
Personal Appearance: An acknowledger must appear before the Notary and indicate to the Notary that the acknowledger voluntarily affixed his or her signature on the document for the purposes stated in the document (AS 09.63.070[1]; 09.63.090[1][A]; 44.50.062[5][A]).
Identification: The person taking an acknowledgment either must know or have satisfactory evidence that the person acknowledging is the person described in and who executed the instrument (AS 09.63.070[2]).
Declaration
The person acknowledging must acknowledge having executed the instrument (AS 09.63.090[1]).[B]; 44.50.200[4]).
If the record is signed in a representative capacity, the person acknowledging must acknowledge or declare that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record (AS 44.50.200[4]).
Certifications: “The person taking an acknowledgment shall certify that
“(1) the person acknowledging appeared before the person taking the acknowledgment and acknowledged that the person executed the instrument; and
“(2) the person acknowledging was known to the person taking the acknowledgment or the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument” (AS 09.63.070).Signature Made Before Notary: “When a document contains an acknowledgment, it does not have to be signed in a notary’s presence, but the document signer must still appear before the notary to acknowledge that he or she signed the document and agrees to the contents. But this practice is not recommended because any discrepancy between the date of the signature and the date of the notarization may cause those unfamiliar with this aspect of notary law to question the validity of the notarization. To avoid this potential problem it is recommended that all signatures take place in the presence of the notary during the notarization” (website, “Frequently Asked Questions” > “What is the difference between a jurat and an acknowledgment?”).
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Definition: “‘[O]ath’ includes affirmation or declaration” (AS 01.10.060[6]).
Requirements: The Lieutenant Governor’s website (“Frequently Asked Questions”) recommends the following wording for oaths and affirmations associated with documents (see “Jurats,” below):
Oath: “I do solemnly swear that the statements in this document are true, so help me God.”
Affirmation: “I do solemnly affirm that the statements in this document are true.”
Jurats and Verifications
Jurats
Definition: “A jurat is part of an affidavit in which the notary states that the affidavit was signed and sworn to before the notary. When a document contains a jurat, it must be signed in a notary’s presence, and the document signer must swear to the truthfulness of the statement in the document” (website, “Frequently Asked Questions”).
Requirements: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … gives an oath or affirmation if required under law or if the notarial certificate states that the document was signed under oath or affirmation …” (AS 44.50.062[5][B]).
Verifications
Requirements
Oath or Affirmation: “When a document is required by law to be verified, the person required to verify it shall certify under oath or affirmation that the person has read the document and believes its content to be true” (AS 09.63.040[a]).
Signature Before Officer: “The person who
makes the verification shall sig n it before a person authorized by law to take the person's oath or affirmation” (AS 09.63.040[b]).
Notary Public Requirements: “If the verification is sworn to or affirmed before a notary public of the state, the notary public shall
”(1) affix on the document the
“(A) notary public s official signature and official seal; and
“(B) date of expiration of the notary public s commission; and
”(2) comply with AS 44.50.060 44.50.065 and other applicable law” (AS 09.63.040[d]).
Copy Certifications
Paper Documents: Alaska Notaries Public do not have the authority to certify that a copy of a paper document is a true copy of the original. See “Unauthorized Acts,” below.
Tangible Copies of Electronic Records: “A notary public may … give a notarial certificate stating that a tangible copy of an electronic record is an accurate copy of the electronic record” (AS 44.50.060[3]).
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Notarial Acts
Personal Knowledge: Under Alaska law, a Notary Public may identify a person signing a document requiring an acknowledgment (AS 09.63.070[2]) or for a notarial act performed in the Notary’s physical presence through the Notary’s personal knowledge of the individual (AS 44.50.062[5][C]).
Documentary Identification: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … in the case of a notarial act performed in the physical presence of the notary public, is personally known to the notary public, produces government-issued identification containing the photograph and signature of the person signing, or produces
“(i) government-issued identification containing the signature of the person signing, but without a photograph; and
“(ii) another valid identification containing the photograph and signature of the person signing” (AS 44.50.062[5][C]).
Remote Notarial Acts
Requirement: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … in the case of a notarial act performed for a remotely located individual, satisfies the requirements of AS 44.50.075” (AS 44.50.062[5][D]).
Personal Knowledge: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
“(1) the notary public:
“(A) has personal knowledge of the identity of the individual” (AS 44.50.075[b][1][A]).Credible Witness: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
“(1) the notary public: …
“(B) obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public (AS 44.50.075[b][1][B]).”According to 8 AAC 88.040(d)(2)(A) and (B), to be a credible witness for a remote notarization, the witness must have personal knowledge of the remotely located individual and the notary public must have personal knowledge of the credible witness or must have satisfactory evidence of the identity of the credible witness through verification of the witness’s identity by multi-factor authentication in accordance with 8 AAC 88.040(a) through (c).
A credible witness may be outside the physical presence of the Notary or a remotely located individual if the Notary, credible witness, and remotely located individual can communicate by using communication technology (8 AAC 88.040[d][2][C]).
Multi-factor Authentication: If a Notary does not have personal knowledge or satisfactory evidence of the identity of a remotely located individual using a credible witness (see “Credible Witness,” below), the Notary must use a multi-factor authentication procedure .
“A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
“(1) the notary public: …
“(C) obtained satisfactory evidence of the identity of the remotely located individual by using
”(i) a government-issued identification card;
”(ii) a credential analysis of the identification card described in (i) of this subparagraph…; and
“(iii) at least one type of identity proofing” consisting of the presentation of a government-issued ID, credential analysis of the presented ID, and at least one form of identity proofing (AS 44.50.075[b][1][C]).Definitions and Standards“'[C]redential analysisM]ulti-factor authentication' means a form of identity proofing by which a third person affirms the accuracy of a security system that requires more than one method of authentication from independent categories of credentials to verify the user’s identity for a login or other transaction” (8 AAC 88.990[4]).
“The [multi-factor authentication] procedure must analyze the individual’s identification credential that is the subject of remote presentation against trusted third-party data sources, bind the individual’s identity to the individual following a successful knowledge-based authentication assessment, and permit the notary public to visually compare the identification credential and the individual. Credential analysis and identity proofing must be performed by a reputable third party that has provided evidence to the notary public of its ability to satisfy the requirements of this chapter [8 AAC Chapter 88]” (8 AAC 88.040[a]).
“'[C]redential analysis' means a form of identity proofing by which a third person affirms the accuracy of a government-issued identification card” (AS 44.50.075[b][1][C][ii]).
“Credential analysis must use public or private data sources to confirm the validity of the identification credential that is the subject of remote presentation by a remotely located individual and must, at a minimum,
”(1) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
”(2) require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features, and to confirm that the identification credential is not fraudulent or inappropriately modified;
”(3) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
”(4) enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology” (8 AAC 88.040[b]).“'[I]dentity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (AS 44.50.200[8]).
“Identity proofing may be performed by means of a knowledge-based authentication assessment. The assessment is successful if it meets the following requirements:
”(1) the remotely located individual must answer a quiz of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;
”(2) each question must have a minimum of five possible answer choices;
”(3) at least 80 percent of the questions must be answered correctly;
”(4) all questions must be answered within two minutes;
”(5) if the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours;
”(6) during a retake of the quiz, a minimum of 40 percent of the prior questions must be replaced;
”(4) all questions must be answered within two minutes;
”(75) if the remotely located individual fails the second first attempt, the individual is not allowed to retry with the same online notary public until at least 24 hours after the second failed attempt; andmay retake the quiz one time within 24 hours;
”(86) the notary public may not be able to see or record the questions or answers” (8 AAC 88.040[c]).“'[M]ulti-factor authentication' means a security system that requires more than one method of authentication from independent categories of credentials to verify the user’s identity for a login or other transaction” (8 AAC 88.990[4]).
“The [multi-factor authentication] procedure must analyze the individual’s identification credential that is the subject of remote presentation against trusted third-party data sources, bind the individual’s identity to the individual following a successful knowledge-based authentication assessment, and permit the notary public to visually compare the identification credential and the individual. Credential analysis and identity proofing must be performed by a reputable third party that has provided evidence to the notary public of its ability to satisfy the requirements of this chapter [8 AAC Chapter 88]” during a retake of the quiz, a minimum of 40 percent of the prior questions must be replaced;
”(7) if the remotely located individual fails the second attempt, the individual is not allowed to retry with the same online notary public until at least 24 hours after the second failed attempt; and
”(8) the notary public may not be able to see or record the questions or answers” (8 AAC 88.040[ac]).
Willingness and Competence
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Alaska has adopted the Uniform Recognition of Acknowledgments Act with minor revisions, including
the Act’s short-form certificates (AS 09.63.100[a]). In addition, Alaska Statutes 09.63.030 and 09.63.040 contain statutory certificate forms for administering an oath or affirmation and verification, respectively. These certificate forms appear below.
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