1998 Minnesota Statutes

     358.41 Definitions. 

    As used in sections 358.41 to 358.49: 

    (1) "Notarial act" means any act that a notary public of 
 this state is authorized to perform, 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.  

    (2) "Acknowledgment" means a declaration by a person that 
 the person has executed an instrument for the purposes stated 
 therein 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 therein.  

    (3) "Verification upon oath or affirmation" means a 
 declaration that a statement is true made by a person upon oath 
 or affirmation.  

    (4) "In a representative capacity" means:  

    (i) for and on behalf of a corporation, partnership, trust, 
 or other entity, as an authorized officer, agent, partner, 
 trustee, or other representative; 

    (ii) as a public officer, personal representative, 
 guardian, or other representative, in the capacity recited in 
 the instrument; 

    (iii) as an attorney in fact for a principal; or 

    (iv) in any other capacity as an authorized representative 
 of another.  

    (5) "Notarial officer" means a notary public or other 
 officer authorized to perform notarial acts.  

    HIST: 1985 c 268 s 2