West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
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.