Minnesota Statutes 358.646 – Recording Electronic Documents in Tangible Form
(a) 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 paragraph (c).
Terms Used In Minnesota Statutes 358.646
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
(b) 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 paragraph (c). A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
(c) The office of the county recorder or the office of registrar of titles 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 must:
(1) be signed and dated by the notary public, and be signed in the same manner as required by section 359.061.
(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 the certificate.
(d) The following form of certificate is sufficient for the purposes of this section if completed with the information required by paragraph (c):
| State of . | |
| [County] of . |
I certify that the foregoing and annexed document [entitled ……………………. (document title, if applicable, or description)] [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 ……………. [certification date].
| . | |
| Signature of notary public | |
| Seal/Stamp | |
| [ . ] | |
| Notary Public | |
| [My commission expires: . ] | |
| [My notary commission number is: . ] |
(e) A notary public duly commissioned under the laws of this state has the authority to make the certification provided in this section.
(f) 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 paragraph (c).
(g) If a certificate is completed with the information required by paragraph (c) and is attached to or made a part of a paper document, the certificate shall be prima facie evidence that the requirements of paragraph (f) have been satisfied with respect to the document.
(h) A document purporting to convey or encumber real property or any interest in the property that has been recorded by the office of the county recorder or the office of registrar of titles for the jurisdiction in which the real property is located, although the document may not have been certified according to this section, shall give the same notice to third persons and be effective from the time of recording as if the document had been certified according to this section.
(i) This section does not apply to a plat, map, or survey of real property if under another law of this state or, if under a rule, regulation, or ordinance applicable to the office of the county recorder or the office of registrar of titles:
(1) there are requirements of format or medium for the execution, creation, or recording of the plat, map, or survey beyond the requirements applicable to a deed to real property; or
(2) the plat, map, or survey must be recorded in a different location than a deed to real property.