IN Senate Bill 505 | NNA
Law

IN Senate Bill 505

Notary Law Update: IN Senate Bill 505

State: Indiana

Summary:

Indiana enacts the Uniform Real Property Electronic Recording Act (URPERA), allowing Notaries to use electronic signatures on electronic real property documents.

Signed:  April 21, 2017

Effective:  January 01, 2018

Chapter: Public Law No. 127

Affects:

Adds a new chapter 32-21-2.5 to the Indiana Code.

Changes:
  1. Enacts the Uniform Real Property Electronic Recording Act (URPERA).
  2. Allows an electronic document requiring an acknowledgment or other notarial act to be signed by a Notary with an electronic signature.
  3. Clarifies that a physical or electronic image of a Notary seal does not have to accompany an electronic real property document notarized with the Notary's electronic signature.
  4. Tasks an electronic recording commission consisting of 5 members appointed by the Governor to create standards for electronic recording, and requires the standards to consider provisions related to information security protection to ensure electronic documents are accurate, authentic, adequately preserved and resistant to tampering.
Analysis:

Indiana has enacted the Uniform Real Property Electronic Recording Act. The Act contains the stock notarization provision, permitting a Notary to use an electronic signature in notarizing any electronic real property document submitted for recording electronically with a county recorder of deeds. In performing an electronic notarial act, a Notary is not required to place an image of a Notary seal on the electronic document as long as the information within the seal is placed on the document. The Act tasks an electronic recording commission appointed by the Governor to publish rules for implementing the Act. SB 505 also includes the so-called “security provision,” requiring the electronic recording commission to consider promulgating standards for electronic recording that render electronic documents resistant to tampering.

Read the bill text.

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