West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Capable of
				independent verification" means that any interested person may confirm the
				validity of an electronic notarial act and an electronic notary public's
				identity and authority through a publicly accessible system.
2.2. "Electronic" means relating to
				technology having electrical, digital, magnetic, wireless, optical,
				electromagnetic, or similar capabilities.
2.3. "Electronic document" means information
				that is created, generated, sent, communicated, received, or stored by
				electronic means.
2.4. "Electronic
				journal of notarial acts" and "electronic journal" mean a chronological
				electronic record of notarizations that is maintained by the notary public who
				performed the same notarizations.
2.5. "Electronic notarial act" and
				"electronic notarization" mean an official act involving an electronic document
				that is performed in compliance with this Rule by an electronic notary public
				as a security procedure, which official act is performed in the presence of an
				Electronic Notary Public as required by W. Va. Code §
									39-4-6.
2.6. "Electronic notarial certificate" means
				the part of, or attachment to, a notarized electronic document that, in the
				performance of an electronic notarization, is completed by the electronic
				notary public, bears the notary's registered electronic signature and seal, and
				states the date, venue, and facts attested to or certified by the notary in the
				particular electronic notarization.
2.7. "Electronic notary public" and
				"electronic notary" mean a notary public who has registered with the Secretary
				of State the capability to perform electronic notarial acts.
2.8. "Electronic notary seal" and "electronic
				seal" mean information within a notarized electronic document that includes the
				electronic notary's name, title, jurisdiction, commission expiration date, and
				other information required by subsection 11.2.c of this rule.
2.9. "Electronic signature" means an
				electronic sound, symbol, or process attached to or logically associated with
				an electronic document and executed or adopted by a person with the intent to
				sign the document.
2.10.
				"Individual" means a person requesting a notary public to notarize a
				document.
2.11. "Notary" means a
				notary public commissioned to perform a notarial act by the West Virginia
				Secretary of State pursuant to W. Va. Code §
									39-4-1
et seq
.
2.12.
				"Registered electronic notary seal" means an electronic notary seal produced by
				a notary in the performance of an electronic notarial act by a means that was
				registered with the Secretary of State.
2.13. "Registered electronic signature" means
				an electronic signature produced by a notary in the performance of an
				electronic notarial act by a means that was registered with the Secretary of
				State.
2.14. "Remote online
				notarial act" means a notarial act performed by means of communication
				technology that meets the standards of W. Va. Code § 39-4-37.
2.15. "Remote ink notarial act" means a
				notarial act performed for an individual who is not in the physical presence of
				the notary public at the time of the notarization, where the individual and
				notary communicate simultaneously, in real time, by sight and sound using
				communication technology defined in §39-4-37, and where the documents are
				subsequently notarized on paper using wet ink and a physical notary seal that
				meets the standards of W. Va. Code § 39-4-38.
2.16. "Security procedure" means a procedure
				employed for the purpose of verifying that an electronic signature, document,
				or performance is that of a specific person or for detecting changes or errors
				in the information in an electronic document. The term includes a procedure
				that requires the use of algorithms or other codes, identifying words or
				numbers, encryption, or callback, or other acknowledgment
				procedures.