W. Va. Code R. § 153-45-2

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-45-2 - Definitions

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 § 39-4-1et 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.

W. Va. Code R. § 153-45-2