17-21a-203.  Recording of documents.

(1)  As used in this section, “paper document” means a document that is received by the county recorder in a form that is not electronic.

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Terms Used In Utah Code 17-21a-203

  • Commission: means the Utah Electronic Recording Commission established in Section 17-21a-302. See Utah Code 17-21a-102
  • Document: means information that is:
(a) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) eligible to be recorded in the land records maintained by the county recorder. See Utah Code 17-21a-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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. See Utah Code 17-21a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  A county recorder:

    (a)  who implements any of the functions listed in this section shall do so in compliance with standards established by the Utah Electronic Recording Commission created in Section 17-21a-301;

    (b)  may receive, index, store, archive, and transmit electronic documents;

    (c)  may provide for access to, and for search and retrieval of, documents and information by electronic means;

    (d)  who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;

    (e)  may convert paper documents accepted for recording into electronic form;

    (f)  may convert into electronic form information recorded before the county recorder began to record electronic documents;

    (g)  may accept electronically any fee that the county recorder is authorized to collect; and

    (h)  may agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.

    Enacted by Chapter 89, 2014 General Session

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