9E.2  Definitions.

As used in this chapter, unless the context otherwise requires:

1.  "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated in the document and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified in the document.

2.  "Notarial act" means any act that a notary public of this state is authorized to perform, and includes, but is not limited to, taking an acknowledgment, administering an oath or affirmation, taking verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

3.  "Notarial officer" means a notary public or other officer authorized to perform notarial acts.

4.  "Representative capacity" means any of the following:

a.  A representative on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative.

b.  A public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument.

c.  An attorney in fact for a principal.

d.  Any other capacity as an authorized representative of another.

5.  "Verification upon oath or affirmation" means a declaration that a statement is true, made by a person upon oath or affirmation.

Section History: Recent form

  89 Acts, ch 50, §2

  CS89, § 77A.2

  C93, § 9E.2


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