Kentucky Statutes 382.075 – Uniform Real Property Electronic Recording Act — Recording of electronic document — Electronic signature — Powers and duties of county clerk
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(1) If a law requires, as a condition for recording by the county clerk upon the records relating to real property, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement shall be satisfied by an electronic document that complies with the requirements of KRS § 423.300 to KRS § 423.455 or this section.
(2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(3) 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 need not accompany an electronic signature.
(4) As used in this section, “paper document” means a document that is received by the clerk in a form that is not electronic. A clerk:
(a) May receive, index, store, archive, and transmit electronic documents;
(b) May provide for access to, and search and retrieval of, documents and information by electronic means;
(c) 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;
(d) May convert paper documents accepted for recording into electronic form;
(e) May convert into electronic form information recorded before the clerk began to record electronic documents;
(f) May accept electronically any fee, levy, or tax that the clerk is authorized to collect; and
(g) May agree with other officials of a state or a political subdivision of that state, 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, levies, and taxes that the clerk is authorized to accept.
(5) This section shall be known and may be cited as the “Uniform Real Property Electronic Recording Act.” In applying and construing this section, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 33, effective January 1, 2020.
(2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
Terms Used In Kentucky Statutes 382.075
- Oath: A promise to tell the truth.
- 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.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) 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 need not accompany an electronic signature.
(4) As used in this section, “paper document” means a document that is received by the clerk in a form that is not electronic. A clerk:
(a) May receive, index, store, archive, and transmit electronic documents;
(b) May provide for access to, and search and retrieval of, documents and information by electronic means;
(c) 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;
(d) May convert paper documents accepted for recording into electronic form;
(e) May convert into electronic form information recorded before the clerk began to record electronic documents;
(f) May accept electronically any fee, levy, or tax that the clerk is authorized to collect; and
(g) May agree with other officials of a state or a political subdivision of that state, 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, levies, and taxes that the clerk is authorized to accept.
(5) This section shall be known and may be cited as the “Uniform Real Property Electronic Recording Act.” In applying and construing this section, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 33, effective January 1, 2020.