CT House Bill 5535

Legislation

State: Connecticut
Signed: May 12, 2008

Effective: October 01, 2008
Chapter: Public Act No. 08-56

Summary

Connecticut enacts the Uniform Real Property Electronic Recording Act effective October 1, 2009, and repeals a previous provision from the state’s Uniform Electronic Transactions Act disallowing certain real property transactions from being conducted using electronic means.

Affects

Creates new as yet uncodified sections and amends Section 1-268 of the Connecticut General Statutes.

Changes

Enacts the Uniform Real Property Electronic Recording Act (URPERA), enabling town clerks to accept electronic documents for recordation in the land records.
Permits a Notary to use an electronic signature to notarize an electronic real property document without affixing an image of the Notary’s official physical seal.
Tasks the State Librarian, in consultation with the Public Records Administrator and the Real Property Electronic Recording Advisory Committee created under the Act with enacting standards to implement the Act.
Repeals a provision in the state’s Uniform Electronic Transactions Act disallowing use of electronic signatures and transactions for various real property transactions under Title 47 C.G.S.

Analysis

Connecticut becomes the second state to adopt the Uniform Real Property Electronic Recording Act in 2008 and the seventeenth overall. House Bill 5535 also repeals a provision in the state’s Uniform Electronic Transactions Act prohibiting the use of electronic transactions, signatures and notarization with real property documents. This provision was a major impediment to the adoption of electronic notarization in Connecticut. Under the URPERA, the State Librarian is tasked with promulgating standards to implement the Act. A Real Property Electronic Recording Advisory Committee is created under the Act to assist the State Librarian with formulating these standards. The new law specifically requires a Notary Public to be a member of this Committee, along with the Secretary of State.

Read House Bill 5535.