W. Va. Code R. § 153-48-2

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-48-2 - Definitions

2.1. "Delivery Agent" means a party who enters into an agreement with a Participating Clerk to deliver an electronic document from a Submitter to a Participating Clerk and to return the recorded document to the Submitter.

2.2. "Document" means an instrument in a tangible, electronic, or other format, on which is recorded or inscribed on by means of letters, figures, or marks, which may be relied upon as the basis, proof, or support of the matter asserted within the instrument.

2.3. "Electronic" means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

2.4. "Electronic Document" means a document that exists in an electronic format.

2.5. "Electronic Document Delivery System" means an automated system for the secure transmission of an electronic document between a Submitter and a Participating Clerk.

2.6. "Electronic Recording" means the delivery and return of an electronic document, using an Electronic Document Delivery System, for the purpose of recording that document via a Land Records Management System.

2.7. "Electronic Signature" means an electronic symbol, sound, or process, which is attached to or logically associated with a document and executed or adopted by a Person with the intent to sign the document.

2.8. "Land Records Management System" means a system for recording, indexing, accessing, and maintaining land records, which produces microfilm or other legally permitted formatted copies.

2.9. "Land Records Management System Vendor" means a party who sells or provides a Land Records Management System.

2.10. "Participating Clerk" means a county clerk who has elected to accept electronic documents for recording.

2.11. "Paper Document" means a document that is in a tangible format that is not electronic.

2.12. "PDF" or "Portable Document Format" means an electronic file format that allows documents to be viewed as they were intended to appear, which is a common format for image exchange and presentation of electronic documents.

2.13. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity.

2.14. "PRIA" means the Property Records Industry Association.

2.15. "Recording Information" means the information included in a document at the time such document is recorded, such as the date and time of receipt of such document for record, the name and county of the recording clerk, and the book and page of such document or other suitable indication of its location approved by a public records administrator.

2.16. "Submitter" means a person who requests a county clerk to accept, approve, or record a submitted electronic document.

2.17. "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

2.18. "TIFF" or "Tagged Image File Format" means a variable-resolution bitmapped image made up of individual dots or pixels, which is a common format for high-quality black and white, gray-scaled, or color graphics of any resolutions.

2.19. "XML" or "Extensible Markup Language" means an extensible document language for specifying document content, which is a metalanguage that allows a person to specify a document type definition and design customized markup languages for different classes of documents.

W. Va. Code R. § 153-48-2