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Register July 2011 No. 667
Chapter Adm 70
ELECTRONIC RECORDING OF DOCUMENTS IN WISCONSIN
COUNTY REGISTER OF DEEDS OFFICES
Adm 70.01   Purpose.
Adm 70.02   Definitions.
Adm 70.03   Standards.
Adm 70.04   Business requirements and guidelines.
Adm 70.05   Trusted submitter agreement.
Adm 70.06   Legal description.
Adm 70.07   Notarization of documents.
Adm 70.08   Return and rejection of documents.
Adm 70.09   Method of payment.
Adm 70.10   Business rules.
Adm 70.01 Adm 70.01 Purpose. The purpose of this chapter is to establish uniform recording standards and practices, provide for integrity and security of transmissions and promote efficiencies and improved service for electronic recording of documents in Wisconsin county register of deeds offices.
Adm 70.01 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.02 Adm 70.02 Definitions. In this chapter:
Adm 70.02(1) (1) "Council" means Wisconsin electronic recording council.
Adm 70.02(2) (2) "Department" means the Wisconsin department of administration.
Adm 70.02(3) (3) "PRIA" means the property records industry association.
Adm 70.02(4) (4) "Trusted submitter" means a party that has a trusted submitter agreement accepted by and on file with the council in order to record documents electronically with a register of deeds.
Adm 70.02(5) (5) "Trusted submitter agreement" means the agreement to be signed by any party who wishes to become a trusted submitter.
Adm 70.02(6) (6) "UETA" or "uniform electronic transaction act" has the meaning specified in ch. 137, Stats.
Adm 70.02(7) (7) "URPERA" or "uniform real property electronic recording act" has the meaning specified in s. 706.25, Stats.
Adm 70.02 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.03 Adm 70.03 Standards. A trusted submitter shall submit an electronic recording file to a county register of deeds in a manner that is consistent with state statutes and the technical standards contained in Document 2.4.1 dated October 2007 and the XML Implementation Guide dated April 2007 both developed by PRIA. The council shall annually review these standards and guidelines and propose, to the department, necessary amendments to the standards and guidelines adopted in this section.
Adm 70.03 Note Note: Copies of the PRIA technical standards and guidelines imported by reference in s. Adm 70.03 and business requirements imported by reference in s. Adm 70.04 may be obtained from PRIA at:
Adm 70.03 Note Property Records Industry Association
2501 Aerial Center Parkway, Ste. 103
Morrisville, NC 27560
Telephone: 919.459.2081
FAX: 919.459.2075
Adm 70.03 NoteWebsite: http://www.pria.us/
Adm 70.03 Note Locally copies may be obtained from the legislative reference bureau or from the council at the mailing address and website shown in s. Adm 70.04.
Adm 70.03 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.04 Adm 70.04 Business requirements and guidelines. In addition to council developed business requirements, a trusted submitter shall comply with the requirements contained in Business Requirements Document for Recording Electronic Document Formatted Recordable Instruments, dated March 2008, developed by PRIA and the mortgage industry standards maintenance organization. The council annually shall review the business requirements and propose, to the department, necessary amendments to the requirements adopted in this section.
Adm 70.04 Note Note: Copies of the current standards and guidelines for submission of electronic documents as in s. Adm 70.03, business requirements as in s. Adm 70.04 and materials for trusted submitter agreements as in s. Adm 70.05 may be obtained from the legislative reference bureau or the council at the following address:
Adm 70.04 Note Electronic Recording Council of Wisconsin
Adm 70.04 Note c/o Wisconsin Department of Administration Secretary's Office
Adm 70.04 Note 101 East Wilson Street, 10th Fl.
Adm 70.04 Note Madison, WI 53707
Adm 70.04 Note Telephone: (608) 266-5030
Adm 70.04 NoteWebsite: www.ercwis.wi.gov
Adm 70.04 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.05 Adm 70.05 Trusted submitter agreement. Every document submitter shall complete and sign a trusted submitter agreement application as approved by the council. Upon notice of acceptance of the trusted submitter agreement by the council, the trusted submitter shall be authorized to record documents electronically.
Adm 70.05 Note Note: A trusted submitter agreement application can be obtained from the council at mailing address and website listed in s. Adm 70.04.
Adm 70.05 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.06 Adm 70.06 Legal description. Electronic documents submitted for recording shall contain a valid legal description of the real property as defined in s. 706.01 (7r), Stats.
Adm 70.06 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.07 Adm 70.07 Notarization of documents. An electronic document shall be notarized under standards adopted in ch. 137, Stats. The notary's commission date shall be contained on the document or the document shall be authenticated as required in s. 706.06, Stats.
Adm 70.07 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.08 Adm 70.08 Return and rejection of documents. The submitter of a recorded electronic document is the party entitled to the return of the document. Electronic documents that are recorded may be returned immediately. A document may be rejected if the party identified in the document image differs substantially from the party identified in the related index submitted.
Adm 70.08 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.09 Adm 70.09 Method of payment. Each county shall permit payment of fees by electronic means.
Adm 70.09 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
Adm 70.10 Adm 70.10 Business rules. The register of deeds may post business rules to assist customers submitting documents electronically.
Adm 70.10 History History: CR 08-084: cr. Register July 2009 No. 643, eff. 8-1-09.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.