As used in this article, unless the context requires a different meaning:
"Clerk" means a clerk of the circuit court.
"Document" means information that is:
1. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
2. Eligible to be recorded in the land records maintained by the clerk.
"Electronic," as defined in Uniform Electronic Transactions Act (§ 59.1-479 et seq.), means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic document" means a document received by the clerk in electronic form.
"Electronic notarization" means an official act by a notary public in accordance with the Virginia Notary Act (§ 47.1-1 et seq.) and § 55.1-618 with respect to an electronic document.
"Electronic signature," as defined in the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
"eRecording System" is the automated electronic recording system implemented by the clerk for the recordation of electronic documents among the land records maintained by the clerk.
"Filer" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public body, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity that files an electronic document among the land records maintained by the clerk.
"Land records document" means any writing authorized by law to be recorded, whether made on paper or in electronic format, that the clerk records affecting title to real property.
2006, c. 745, § 55-142.10; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 6 - Recordation of Documents
§ 55.1-600. When and where writings recorded
§ 55.1-601. Recording and indexing of certain documents showing changes of names
§ 55.1-602. Presumption that recorded writings are in proper form
§ 55.1-603. Deed of real estate investment trust
§ 55.1-604. When clerk may refuse document to be recorded
§ 55.1-605. Power of attorney; where recorded
§ 55.1-606. Standards for writings to be docketed or recorded
§ 55.1-607. When original of writing once recorded is lost, how copy recorded elsewhere
§ 55.1-609. Correcting errors in deeds, deeds of trust, and mortgages; affidavit
§ 55.1-610. Recordation of copy of lost deed previously recorded in what is now West Virginia
§ 55.1-612. Acknowledgment within the United States or its dependencies
§ 55.1-613. Acknowledgments outside of the United States and its dependencies
§ 55.1-615. Acknowledgments taken before commissioned officers in military service
§ 55.1-617. Proof of authority of person performing notarial act
§ 55.1-618. What person taking acknowledgment shall certify
§ 55.1-619. When form of certificate of acknowledgment accepted
§ 55.1-620. Meaning of "acknowledged before me."
§ 55.1-621. Statutory short forms of acknowledgment
§ 55.1-622. Application of article; article cumulative
§ 55.1-623. Uniform interpretation
§ 55.1-624. Deeds of corporations; how to be executed and acknowledged
§ 55.1-625. Acknowledgments on behalf of corporations and others
§ 55.1-626. Corporate acknowledgment taken before officer or stockholder
§ 55.1-627. Acts of notaries public, etc., who have held certain other offices
§ 55.1-628. Validation of acknowledgments when seal not affixed
§ 55.1-629. Acknowledgment taken by trustee in deed of trust
§ 55.1-630. Acknowledgment taken by trustee in deed of trust; later date
§ 55.1-631. Certain acknowledgments taken and certified before July 1, 1995
§ 55.1-632. Acknowledgments taken by certain justices of the peace, mayors, etc.
§ 55.1-633. Acknowledgments taken by officers after expiration of terms
§ 55.1-634. Acknowledgments taken by notaries in service during World War I
§ 55.1-635. Acknowledgments before foreign officials who failed to affix seals
§ 55.1-636. Acknowledgments taken by notaries in foreign countries
§ 55.1-637. Acknowledgments taken by officer who was spouse of grantee
§ 55.1-638. Acknowledgment when notary certifies erroneously as to expiration of commission
§ 55.1-640. Acknowledgments taken before notary whose commission has expired
§ 55.1-644. Deeds defectively executed by corporation
§ 55.1-645. Deeds to which corporate seal not affixed or not attested
§ 55.1-646. Acknowledgments of corporations taken by officers or stockholders
§ 55.1-647. Recordation certificate not signed by clerk
§ 55.1-648. Recordation certificate not signed by clerk; when clerk has died
§ 55.1-649. Recordation of judgments affecting title to land
§ 55.1-650. Judgments of United States courts affecting realty
§ 55.1-651. Orders in bankruptcy
§ 55.1-652. Certificates of commencement of case in bankruptcy
§ 55.1-653. Where notices and certificates affecting liens to be filed
§ 55.1-654. Certification of notices and certificates
§ 55.1-655. Duties of filing officers
§ 55.1-656. Fees of filing officers other than clerk of State Corporation Commission
§ 55.1-657. Fees of clerk of State Corporation Commission
§ 55.1-658. Construction of article
§ 55.1-659. Certificates and notices affecting liens filed on or before July 1, 1970
§ 55.1-660. No action to be brought against the State Corporation Commission or its staff
§ 55.1-662. Validity of electronically filed and recorded land records
§ 55.1-663. Recording of electronic documents among the land records
§ 55.1-665. Uniformity of application and construction
§ 55.1-666. Relation to Electronic Signatures in Global and National Commerce Act