AnalysisThe 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 House Bill 2656.