Effective - 28 Aug 2020
59.569. Electronic documents with electronic signatures, permissible, when — requirements, certificate — notary public duties — inapplicability, when. — 1. 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 subsection 3 of this section.
2. 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 subsection 3 of this section.
3. A clerk or recorder 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 shall:
(1) Be signed and dated by the notary public, and be signed in the same manner as on file with the secretary of state;
(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 or embossed on the certificate.
4. The following form of certificate is sufficient for the purposes of this section, if completed with the information required in subsection 3 of this section:
5. A notary public duly commissioned under the laws of this state has the authority to make the certification provided in this section.
6. 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 subsection 3 of this section.
7. If a certificate is completed with the information required by subsection 3 of this section and is attached to or made a part of a paper document, the certificate shall be conclusive evidence that the requirements of subsection 6 of this section have been satisfied with respect to the document.
8. A document purporting to convey or encumber real property or any interest therein that has been recorded by a clerk or recorder for the jurisdiction in which the real property is located, although the document may not have been certified in accordance with the provisions of this section, shall impart the same notice to third persons and be effective, from the time of recording, as if the document had been certified in accordance with the provisions of this section.
9. This section does not apply to a plat, map, or survey of real property if under another law of this state or under a rule, regulation, or ordinance applicable to a clerk or recorder:
(1) There are requirements of format or medium for the execution, creation, or recording of such plat, map, or survey beyond the requirements applicable to a deed to real property; or
(2) Such plat, map, or survey shall be recorded in a different location than a deed to real property.
10. This section shall only apply to documents presented to a recorder of deeds for recordings pursuant to chapter 442 or 443.
--------
(L. 2020 H.B. 1655)
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 59 - County Recorders of Deeds
Section 59.010 - Office created.
Section 59.020 - Election — term of office (first, second and third class counties).
Section 59.043 - Circuit court clerk elected, when.
Section 59.044 - Certain recorders to be paid statutory compensation.
Section 59.080 - Failure to give bond — penalty.
Section 59.090 - Circuit clerk to be ex officio recorder, exceptions (fourth class counties).
Section 59.110 - Bond of clerk — deposited, recorded (fourth class counties).
Section 59.120 - Place of office — record books.
Section 59.140 - Seal used by ex officio recorder.
Section 59.150 - Administration of oaths.
Section 59.160 - Office hours, cities of 300,000 or more population.
Section 59.180 - County commission to provide office and supplies.
Section 59.200 - Recorder or deputy prohibited from making abstracts of title — penalty.
Section 59.210 - Accounts audited and settled by county commission.
Section 59.220 - Compensation of recorder of deeds (St. Louis City).
Section 59.227 - Fees, record of and disposition of (certain first class counties).
Section 59.230 - Fees received — reports — deposited where (second class counties).
Section 59.250 - Accounting of fees collected — annual report — moneys collected property of county.
Section 59.255 - Marginal release of deeds of trust book kept, certain counties.
Section 59.257 - Deputy recorders — appointment — qualifications — certain counties.
Section 59.260 - Circuit clerk to collect and report fees as recorder, when.
Section 59.270 - Deputies — compensation (certain first class counties).
Section 59.290 - Deputies — appointment — qualifications — compensation (second class counties).
Section 59.318 - Donation for homeless, recording of certain instruments (Jackson County).
Section 59.320 - Fee to be paid before record made, exceptions.
Section 59.330 - What shall be recorded — legal description required, when — validity.
Section 59.335 - Bankruptcy, certified copies of papers to be recorded — fees.
Section 59.340 - Records to be recorded in separate books by classes.
Section 59.350 - Conveyances of personal property recorded, how.
Section 59.380 - Land patents recorded.
Section 59.390 - Copies of land patents received in evidence.
Section 59.400 - Manner of recording.
Section 59.410 - Photographic copies deemed recording — to be bound.
Section 59.420 - Manner of recording (first class counties and certain cities).
Section 59.430 - Certificate on instrument recorded.
Section 59.440 - Abstract and index of deeds.
Section 59.450 - Index to marriage contracts and certificates.
Section 59.460 - Index to officers' commissions and bonds.
Section 59.470 - Index to instruments on file.
Section 59.510 - Certified copy of deeds for land in different counties to be recorded, when.
Section 59.520 - Certified copy of record notice to purchasers.
Section 59.530 - Force and effect of certified copy.
Section 59.540 - United States land patents.
Section 59.550 - United States land patents — duties of recorders.
Section 59.560 - New abstract and index of deeds, when made — fee.
Section 59.563 - Electronic format for documents may be established.
Section 59.565 - Electronically transmitted signature valid, when.
Section 59.567 - Fees, collection procedure.
Section 59.568 - Electronic records, requirements for certain documents.
Section 59.570 - Records rebound, when.
Section 59.580 - Records transcribed, when.
Section 59.590 - New record books — designation — certification — validity.
Section 59.610 - Rerecording of conveyances — when — by whom.
Section 59.620 - Rerecording — free of charge, when.
Section 59.630 - Compensation for rerecording copyist.
Section 59.640 - Rerecorded conveyances admissible in evidence.
Section 59.650 - Neglect of duty — liability.
Section 59.660 - Neglect of duty — penalty.
Section 59.700 - Waiver of state's rights of reverter in certain property (Scott County).