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IL Administrative Rules (2010)

Rule/Regulation

State: Illinois

Effective: July 21, 2010

Summary

Under the Illinois Uniform Real Property Electronic Recording Act (URPERA), standards for implementing eRecording were published effective July 21, 2010.

Affects

Adds Section 1400.30 to the Illinois Administrative Code.

Changes
  1. Clarifies that county recorders are only required to record documents containing electronic signatures and Notary acknowledgements that they have the technology to support.
  2. Clarifies that recorders have no responsibility to authenticate electronic signatures or Notary acknowledgement stamps embedded within the body of the document.
  3. Provides that any electronic signature or notarization submitted to a county recorder shall comply with the Electronic Commerce Security Act and the Electronic Signatures in Global and National Commerce Act insofar as the Illinois Uniform Real Property Electronic Recording Act does not supercede those laws, the Illinois Notary Public Act and any other laws governing that signature or notarization, as applicable.
Analysis

Under the Illinois Uniform Real Property Electronic Recording Act (URPERA), standards for implementing eRecording were published effective July 21, 2010. The Illinois Standards follow the usual rules that have been adopted in other states as far as notarizations and Notaries are concerned. Essentially, the rules require any notarizations on electronic real property documents to conform to Illinois law governing Notaries.

Read the text of the adopted administrative rule.

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