pria_nccusl_urpera

8/2/2019 PRIA_NCCUSL_URPERA

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Electronic Recording Law:NCCUSLs Uniform Real Property Electronic

Recordation Act (URPERA)

Property Records Industry Association (PRIA)

2004 Winter Conference

Washington Convention Center

Washington, DC

February 25-26, 2004


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State E-Signature Laws -e.g., Utah; 46 States

State E-Recording Laws - e.g., CA, WA, VA

State E-Notarization Laws - e.g., FL (repealed in 99),

GA, UT, AZ, WI, MN, NV, WA

1999-2003 NCCUSLs UETA - 43 States + DC

2000 Federal E-SIGN

2003NCCUSLs URPERA

1995 - 2003

E-Commerce: Brief Legal History


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State E-Recording Laws

California(1995)

Virginia (1996; amended in 2002)

Washington(1997) Arizona(1999)

Texas (1999)

Missouri (1999)

Arkansas (1999)

Tennessee (2000)

Iowa (introduced in 2000 & 2001)

Colorado (2002)

Task Forces

Vermont

CaliforniaTexas

Florida

Utah

Minnesota

Washington

South Dakota

Colorado

Iowa

Michigan

Wisconsin

Connecticut


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State Recording Statutes

State eNotarization Statutes/Requirements

UETA vs. ESIGN

Trusted Party/Trading Partner Agreements

Agreements re Electronic Payment(for Recording Fees)

Uniformity of State Recording Statutes

NCUSSL - URPERA

E-Recording Legal Issues


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THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS211 East Ontario Street, Suite 1300, Chicago, Illinois 60611

(312) 915-0195, Fax (312) 915-0187

HISTORY

Since its first meeting in 1892, the Conference has drafted more than 200 uniformlaws on numerous subjects and in various fields of law, setting patterns for uniformity

across the nation. Uniform acts include the Uniform Probate Code, the Uniform ChildCustody Jurisdiction Act, the Uniform Partnership Act, the Uniform Anatomical Gift Act,the Uniform Limited Partnership Act, and the Uniform Interstate Family Support Act.

Most significant was the 1940 Conference decision to attack major commercialproblems with comprehensive legal solutionsa decision that set in motion the projectto produce the Uniform Commercial Code. The Code took ten years to complete and

another 14 years before it was enacted across the country. It remains the signatureproduct of the Conference.

Today the Conference is recognized primarily for its work in commercial law,family law, the law of probate and estates, the law of business organizations, healthlaw, and conflicts of law. It rarely drafts law that is regulatory in nature.

Copyright 2003 By NCCUSL


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URPERAFirst DraftCopyright 2003 By NCCUSL

SECTION 13. RECORDING ELECTRONIC DOCUMENT

SECTION 14. PAPER DOCUMENTS

SECTION 15. RECORDING PAPER DOCUMENTS

SECTION 16. RECORDING IN PRIMARY SYSTEM

SECTION 17. CONFIRMATION OF RECORDING IN PRIMARY SYSTEM

SECTION 18. OTHER ENTRIES INTO ELECTRONIC RECORDING SYSTEM

SECTION 19. CORRECTING DOCUMENT

SECTION 20. COORDINATION WITH OTHER OFFICES

SECTION 21. UNIFORM COMMERCIAL CODE FILINGS

SECTION 22. RECORDING FEES AND TAXES

SECTION 23. SEARCHING PROCESS

SECTION 24. ACCESS TO SEARCH; PAYMENT OF FEES


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URPERAFirst DraftCopyright 2003 By NCCUSL

[SECTION 26. CONVERSION OF PRIOR DOCUMENTS]

SECTION 27. [REGULATIONS] [RULES]

SECTION 28. REAL PROPERTY RECORDS DIRECTOR

SECTION 29. RECORDING AND NOTICE

SECTION 30. UNIFORMITY OF APPLICATION AND CONSTRUCTION

SECTION 31. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL ANDNATIONAL COMMERCE ACT


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SECTION 1. TITLE

SECTION 2. DEFINITIONS

SECTION 3. ACCEPTANCE OF ELECTRONIC DOCUMENTS

SECTION 4. ACCEPTANCE OF PAPER DOCUMENTS

SECTION 5. ELECTRONIC DOCUMENT RECORDING REQUIREMENTSSECTION 6. VERIFICATION OF ELECTRONIC DOCUMENTS

SECTION 7. PARCEL IDENTIFIER NUMBERS

SECTION 8. CONVERSION OF PRIOR DOCUMENTS

SECTION 9. COORDINATION WITH OTHER OFFICES

SECTION 10. SATISFACTION OF CONDITIONS PRECEDENT TO

RECORDINGSECTION 11. RECORDING; PAYMENT OF FEES AND TAXES

SECTION 12. ACCESS TO SEARCH; PAYMENT OF FEES

SECTION 13. SECURITY AND BACKUP OF ELECTRONIC RECORDING

SYSTEM

SECTION 14. ELECTRONIC DOCUMENT RECORDING COMMISSION

SECTION 15. UNIFORMITY OF APPLICATION AND CONSTRUCTION

SECTION 16. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL ANDNATIONAL COMMERCE ACT

URPERASecond DraftCopyright 2003 By NCCUSL


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URPERAThird Draft Copyright 2003 By NCCUSL

SECTION 1. TITLE


SECTION 3. ELECTRONIC DOCUMENTS

SECTION 4. PAPER DOCUMENTSSECTION 5. ELECTRONIC DOCUMENT RECORDING

[GUIDELINES] [REGULATIONS]

SECTION 6. VERIFICATION

SECTION 7. SATISFACTION OF CONDITIONS PRECEDENT TO RECORDING

SECTION 8. FEES [AND TAXES]

SECTION 9. SECURITY AND PRESERVATION OF ELECTRONIC RECORDING

SYSTEMSECTION 10. UNIFORMITY OF APPLICATION AND CONSTRUCTION

SECTION 11. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND

NATIONAL COMMERCE ACT


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URPERAFourth Draft Copyright 2003 By NCCUSL

SECTION 1. TITLE


SECTION 3. ELECTRONIC DOCUMENTS

SECTION 4. PAPER DOCUMENTSSECTION 5. ELECTRONIC DOCUMENT RECORDING

[GUIDELINES] [REGULATIONS]

SECTION 6. VERIFICATION

SECTION 7. SATISFACTION OF CONDITIONS PRECEDENT TO RECORDING

SECTION 8. FEES [AND TAXES]

SECTION 9. SECURITY AND PRESERVATION OF ELECTRONIC RECORDING

SYSTEMSECTION 10. UNIFORMITY OF APPLICATION AND CONSTRUCTION


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Scope

Paper vs Electronic Documents Recording Systems

eSignatures/eNotarization/eAcknowledgement

Sect. 5 Conundrum Electronic DocumentRecording Guidelines/Regs.

URPERA Issues


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