Effective - 28 Aug 2020
59.569. Electronic documents with electronic signatures, permissible, when — requirements, certificate — notary public duties — inapplicability, when. — 1. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, be in writing, or be signed, the requirement is satisfied by a paper copy of an electronic document bearing an electronic signature that a notary public has certified to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature pursuant to subsection 3 of this section.
2. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied by a paper copy of an electronic document bearing an electronic signature of the person authorized to perform that act, and all other information required to be included, that a notary public has certified to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature of the person pursuant to subsection 3 of this section.
3. A clerk or recorder shall record a paper copy of a document that was originally in electronic form and that is otherwise entitled to be recorded under the laws of this state, provided that the paper copy has been certified to be a true and correct copy of the electronic original by a notary public duly commissioned under the laws of this state as evidenced by a certificate attached to or made a part of the document. The certificate shall:
(1) Be signed and dated by the notary public, and be signed in the same manner as on file with the secretary of state;
(2) Identify the jurisdiction in which the certification is performed;
(3) Contain the title of the notary public;
(4) Indicate the date of expiration, if any, of the notary public's commission; and
(5) Include an official seal or stamp of the notary public affixed to or embossed on the certificate.
4. The following form of certificate is sufficient for the purposes of this section, if completed with the information required in subsection 3 of this section:
| State of ______________ | ||
| County of ____________ | ||
| I certify that the foregoing and annexed document entitled ________(document title, if applicable), (dated) _______ (document date, if applicable), and containing _____ pages is a true and correct copy of an electronic document bearing one or more electronic signatures this ________ (date). | ||
| _____________________ | ||
| Signature of notary public | ||
| Seal/stamp | ||
| (__________________) | ||
| Notary Public | ||
| (My commission expires: | ||
| __________________) | ||
| (My notary registration number is: | ||
| __________________) | ||
5. A notary public duly commissioned under the laws of this state has the authority to make the certification provided in this section.
6. A notary public making the certification provided in this section shall:
(1) Confirm that the electronic document contains an electronic signature that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident;
(2) Personally print or supervise the printing of the electronic document onto paper; and
(3) Not make any changes or modifications to the electronic document other than the certification described in subsection 3 of this section.
7. If a certificate is completed with the information required by subsection 3 of this section and is attached to or made a part of a paper document, the certificate shall be conclusive evidence that the requirements of subsection 6 of this section have been satisfied with respect to the document.
8. A document purporting to convey or encumber real property or any interest therein that has been recorded by a clerk or recorder for the jurisdiction in which the real property is located, although the document may not have been certified in accordance with the provisions of this section, shall impart the same notice to third persons and be effective, from the time of recording, as if the document had been certified in accordance with the provisions of this section.
9. This section does not apply to a plat, map, or survey of real property if under another law of this state or under a rule, regulation, or ordinance applicable to a clerk or recorder:
(1) There are requirements of format or medium for the execution, creation, or recording of such plat, map, or survey beyond the requirements applicable to a deed to real property; or
(2) Such plat, map, or survey shall be recorded in a different location than a deed to real property.
10. This section shall only apply to documents presented to a recorder of deeds for recordings pursuant to chapter 442 or 443.
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(L. 2020 H.B. 1655)