Recording

PA 95-472, SB 319, Uniform Real Property Electronic Recording Act, Effective Date: August 27, 2007, Statutes Amended: New Act

Illinois Public Act 95-472 originated as Illinois Senate Bill 319. The act authorizes county recorders (recorders) to accept and record electronic documents that are signed electronically. It also allows recorders to convert previously-recorded paper documents to electronic form.

The act defines an electronic document as information that is stored in a technological medium and may be retrieved in perceivable form. It declares that an electronic signature, including one from a notary or other witness, is valid if two conditions are met. The signor must have intended to sign the document and used an electronic symbol, process, or sound logically associated with or attached to the document.

In addition, the act establishes the Illinois Electronic Recording Commission (Commission) within the Office of the Secretary of State (Secretary). Pursuant to certain guidelines, the Secretary will appoint fourteen initial, uncompensated commissioners to serve one to three year terms. They will meet once per year in Illinois to create standards to implement the act. In doing so, they will consider standards for electronic recording promulgated in other jurisdictions and by national standard-setting bodies. Moreover, they will take into account the needs of each county, interested persons' and government officials' opinions, and the need to preserve recorded documents, as well as to protect their accuracy and authenticity.

Other Illinois recording statutes refer to written, tangible documents and do not specifically address whether electronic documents are acceptable for recording. However, it should be noted that the federal Electronic Signatures in Global and National Commerce Act (Commerce Act) does address recording of electronic documents. Public Act 95-472 states that it supersedes all sections in the Commerce Act, except Section 101(c).

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