Bulletin: CT2008002

Dear Associates:

On May 12, 2008, the Governor signed into law The Uniform Real Property Electronic Recording Act (URPERA) (Public Act 08-56). The Act's provisions take effect on October 1, 2009.

The law provides town clerks the legal authority to prepare for electronic recording of real property instruments. Specifically it authorizes town clerks to: receive, index, store, archive and transmit electronic documents; provide access to, and retrieval of, documents and information electronically; convert paper documents accepted for recording into electronic form; and convert into electronic form, information recorded before they begin to record electronic documents.

URPERA requires town clerks to continue to accept paper documents for recording as authorized by state law and follow all regulations established by the Connecticut State Librarian concerning electronic recordings.

The law directs the Connecticut State Librarian, Kendall F. Wiggin to adopt regulations implementing the law's purpose, policy and provisions. To assist Mr. Wiggin in this process, he is authorized to establish a thirteen-member Real Property Electronic Recording Advisory Committee consisting of various real estate professionals and governmental representatives. Mr. Wiggin advises he will form the committee beginning in the fall of 2008 provided the Connecticut Attorney General authorizes the formation can take place before the Act's effective date of October 01, 2009.

URPERA is sister legislation to the Uniform Electronic Transaction Act (UETA) adopted in Connecticut in 2002. UETA (CGS §§ 1-266 to 1-286) established a legal foundation and uniform rules for the use of electronic communications in transactions where the parties have agreed to conduct business electronically. It validates the use of electronic records and signatures and places electronic commerce and paper-based commerce on the same legal footing.

To complete the electronic legislative circle, federally, Congress in 2002, enacted the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Congress included consumer protection provisions in this legislation, which placed conditions on electronically supplied consumer product or transaction information.

Stewart is an industry leader in eRecording and paperless document management software and services. Stewart provides the latest electronic technology to both sides of the recording transaction from desktop electronic title searching/policy production software and eClosing technology to land record office document management software including electronic recording; imaging; indexing and public access modules.

Please contact our Connecticut office (800-448-9302) or visit our Connecticut website www.stewartct.com, if you have questions concerning this topic or any other topic for which you need assistance.

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