§ 180. | § 181. | § 182. | § 183. | § 184.
This subchapter may be cited as the "Uniform Real Property Electronic Recording Act." (75 Del. Laws, c. 23, § 1.)
§ 181. Definitions in this subchapter.
(a) "Document" means information that is:
(1) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(2) Eligible to be recorded in the land records maintained by the recorder.
(b) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(c) "Electronic document" means a document that is received by the recorder in an electronic form.
(d) "Electronic recording commission" means the commission established by § 184 of this title.
(e) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(f) "Paper document" means a document that is received by the recorder in a form that is not electronic.
(g) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(h) "Recorder" means the recorder of deeds for the county in which a document is received.
(i) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (75 Del. Laws, c. 23, § 1.)
§ 182. Validity of electronic documents.
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or other tangible medium, or be in writing, an electronic document satisfying this subchapter satisfies the law.
(b) If a law requires, as a condition for recording, that a document be signed, an electronic signature satisfies the law.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature. (75 Del. Laws, c. 23, § 1.)
§ 183. Recording of documents.
(a) A recorder who implements any of the functions described in this section shall do so in compliance with standards established by the electronic recording commission.
(b) A recorder may receive, index, store, archive, and transmit electronic documents.
(c) A recorder may provide for access to, and for search and retrieval of, documents and information by electronic means.
(d) A recorder who accepts electronic documents for recording shall continue to accept paper documents and shall place entries for both types of documents in the same index.
(e) A recorder may convert paper documents accepted for recording into electronic form. The recorder may convert into electronic form information recorded before the recorder began to record electronic documents.
(f) Any fee or tax that a recorder is authorized to collect may be collected electronically.
(g) A recorder and other officials of a state or a political subdivision thereof, or of the United States, may agree on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes. (75 Del. Laws, c. 23, § 1.)
(a) An electronic recording commission is created to adopt standards to implement this subchapter. The commission must consist of the recorder for each county of the State and 2 members at large appointed by the Secretary of State.
(b) The electric recording commission shall promote harmony and uniformity of standards and practices in the use of electronic recording so far as is consistent with the purposes, policies, and provisions of this subchapter. When adopting, amending, and repealing standards, the commission shall consider standards and practices of other jurisdictions; the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; the views of interested persons and other governmental entities; the needs of counties of varying size, population, and resources; and the need for security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. (75 Del. Laws, c. 23, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 246, effective June 19, 2008.
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