AR House Bill 1298 | NNA
Law

AR House Bill 1298

Notary Law Update: AR House Bill 1298

State: Arkansas

Summary:

Arkansas becomes the first state to enact the Uniform Real Property Recording Act in 2007 and the eleventh overall.

Signed:  April 02, 2007

Effective:  July 21, 2007

Chapter: Act No. 734

Affects:

Creates new Sections 14-2-301 – 14-2-307 and amends Sections 14-15-401, 14-15-402 and 14-15-404 of the Arkansas Code

Changes:
  1. Enacts the Uniform Real Property Electronic Recording Act (URPERA), which permits county recorders to establish an electronic recording system to record electronic real property documents.
  2. Tasks a nine-member electronic recording commission, whose majority must be county recorders, with the responsibility of creating technical standards for implementing the Act.
  3. States that unless a county has implemented the URPERA, a real property document that is electronically recorded has no legal effect.
  4. States that any person who records an electronic real property instrument is solely responsible for knowing whether a county has implemented the URPERA.
  5. Makes other minor changes.
Analysis:

Arkansas becomes the first state to enact the Uniform Real Property Recording Act in 2007 and the eleventh overall. While Arkansas’ version of the URPERA is the “stock” version as adopted by the National Conference of Commissioners on Uniform State Laws, House Bill 1298 adds new provisions to the recording laws stating that unless a county has implemented the URPERA, the filing of any electronic document is without legal effect and that the person who submits an electronic document for recording is responsible for knowing whether a county has implemented the URPERA.

Read the bill text.

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