OK House Bill 2656 | NNA

OK House Bill 2656

Notary Law Update: OK House Bill 2656

State: Oklahoma

Summary:

House Bill 2656 broadens the definition of “electronic signature” to include a digital image or electronic copy of an original signature affixed to an original or certified copy of an original paper document.

Signed:  April 13, 2012

Effective:  November 01, 2012

Chapter: 37

Affects:

Amends Section 86.2 of the Oklahoma Statutes

Changes:
  1. Clarifies that an “electronic signature” includes a digital image or electronic copy of an original signature affixed to an original or certified copy of an original paper document, provided that the person submitting the digital image or electronic copy of the document complies with all other requirements of the Uniform Real Property Electronic Recording Act.
Analysis:

The Uniform Real Property Electronic Recording Act adopts the definition of “electronic signature” as provided in the Uniform Electronic Transactions Act. An electronic signature may be any electronic sound, symbol or process adopted by a person with intent to sign the record. Under this broad definition, many specific types of electronic signature are allowed. Nevertheless, the Oklahoma Legislature felt the need to include the specific provision that a digital image or electronic copy of an original signature affixed to a paper document or certified copy of an original paper document constitutes an electronic signature. Evidently, there was confusion about whether a signature originally affixed with pen and ink but converted to an electronic image or document could properly be considered an electronic signature since it started out as a non-electronic signature.

Read the bill text.

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