West Virginia Enacts Uniform Electronic Real Estate Registry Act | PC Weiner Brodsky Kider

West Virginia recently enacted a Uniform Electronic Real Estate Records Act, clarifying the validity of electronic documents and electronic signatures specifically in the context of real estate record registration and related notarizations. The law provides for the registration of electronic documents and requires county clerks to adhere to standards established for the implementation of substantially similar laws in other jurisdictions. Under the Act, both an electronic document and an electronic signature are validated as satisfactory for record purposes.

County clerks are also authorized to receive, index, store, archive, and transmit electronic documents, and may authorize public access, search, and retrieval of electronic documents. Paper documents can be converted to electronic documents for registration purposes, and clerks can collect taxes or fees electronically for the electronic registration of real estate documents.

With respect to West Virginia registration and notarization, the new state law states that it amends, limits, and replaces federal law on electronic signatures in global and domestic commerce, but does not amend, does not limit or supersede the disclosure and consumer consent requirements of this law.

The law was signed by the Governor of West Virginia and takes effect on May 28, 2020.

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