MS House Bill 599 | NNA
Law

MS House Bill 599

Notary Law Update: MS House Bill 599

State: Mississippi

Summary:

Mississippi becomes the twenty-sixth state to enact the Uniform Real Property Electronic Recording Act (URPERA), enabling county chancery clerks to accept electronic real property documents for recording in conformance with technical standards set by an 11-member Electronic Recording Commission.

Signed:  March 11, 2011

Effective:  July 01, 2011

Chapter: 364

Affects:

Creates as yet uncodified new sections and amends sections 89-3-1, 89-5-1 and 89-5-3 of the Mississippi Code

Changes:
  1. Enacts the Uniform Real Property Electronic Recording Act.
  2. Permits a Notary to use an electronic signature to notarize an electronic real property document without affixing an image of the Notary’s official physical seal.
  3. Creates an Electronic Recording Commission with 11 members specified under the new law to promulgate technical standards to implement the act and directs the Commission to consider standards that render electronic documents “resistant to tampering.”
Analysis:

After a number of failed attempts in the past several legislative sessions, Mississippi has enacted the Uniform Real Property Electronic Recording Act, the twenty-sixth state to have done so since the Act was adopted by the National Conference of Commissioners on Uniform State Laws in 2004. The Act contains the stock notarization provision, permitting a Notary to use an electronic signature in notarizing any electronic real property document submitted for recording electronically with a county chancery clerk. In performing an electronic notarial act, a Notary is not required to place an image of a Notary seal on the electronic document as long as the information within the seal is placed on the document. The Act establishes an electronic recording commission to publish technical standards for implementing the Act. According to the bill, the Secretary of State can appoint three persons to the commission. Let’s hope that one of these is a Notary or notarial officer, or someone who is familiar with the duties of a Notary. The NNA is pleased that Mississippi chose to enact the so-called “security provision,” requiring the electronic recording commission to promulgate standards for electronic recording that render electronic documents resistant to tampering.

Read the bill text.

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