WY House Bill 107

Legislation

State: Wyoming
Signed: March 04, 2016

Effective: January 01, 2017
Chapter: 38

Summary

Wyoming enacts the Uniform Real Property Electronic Recording Act (URPERA), allowing electronic real property documents to be notarized and recorded electronically.

Affects

Adds Sections 34-1-401 through 34-1-407 to the Wyoming Statutes.

Changes
  1. Allows electronic real property documents to be electronically recorded.
  2. Allows electronic real property documents to be electronically signed by a Notary Public.
  3. Clarifies that a physical or electronic image of a seal need not accompany an electronic signature.
  4. Tasks the Department of Enterprise Technology Services to adopt rules to implement the act.
  5. Requires the Department of Enterprise Technology Services to consider implementing standards requiring adequate information security protection to ensure electronic documents are accurate, authentic, adequately preserved and resistant to tampering.
Analysis

Wyoming 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 the Department of Enterprise Technology Services to publish rules for implementing the Act. HB 107 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 House Bill 107.

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