2021 Regular Session
To: Judiciary, Division A
By: Senator(s) McCaughn
AN ACT TO AMEND SECTION 89-3-1, MISSISSIPPI CODE OF 1972, TO PROVIDE A RECORDING PROCEDURE FOR ELECTRONIC DOCUMENTS IN COUNTIES THAT DO NOT HAVE ELECTRONIC CAPABILITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 89-3-1, Mississippi Code of 1972, is amended as follows:
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89-3-1. (1) A document concerning real property or conveying personal property may not be recorded unless, in the case of a paper document, it contains an original signature or signatures, or in the case of an electronic document, contains an electronic signature or signatures that comply with the Uniform Real Property Electronic Recording Act (Article 3, Chapter 5, Title 89, Mississippi Code of 1972). For purposes of this section, the terms "document," "paper document" and "electronic document" have the meaning given in the Uniform Real Property Electronic Recording Act. A document concerning real property or conveying personal property which conforms to this subsection may be recorded if it is acknowledged or proved according to law, or in the case of a document that is an affidavit, verified upon oath or affirmation.
(2) (a) A tangible copy of an electronic document that is otherwise eligible for recording under the laws of this state may be recorded if the tangible copy of the electronic document has been certified to be a true and correct copy of the electronic document as required in paragraph (b) of this subsection (2).
(b) The certificate must be transmitted with and be recorded as a part of the tangible copy of the electronic document being recorded and must:
(i) Contain an original signature of a licensed attorney or custodian of the electronic document that is verified upon oath or affirmation;
(ii) Identify the jurisdiction in which the certification is performed;
(iii) Contain the title of the notarial officer;
(iv) Indicate the date of expiration, if any, of the notarial officer's commission; and
(v) Include an official seal of the notary public affixed to the certificate.
(c) The following form of certificate is sufficient for purposes of this subsection if completed with the information required in paragraph (b) of this subsection:
"CERTIFICATE OF ELECTRONIC DOCUMENT
I, __________, [a licensed attorney or the custodian of the electronic document], hereby certify that the attached document, _______________ (insert title), on ______________(date), and containing _______________ pages, is a true and correct copy of an electronic document printed by me or under my supervision. A false certification under this section shall be subject to any penalties provided by law for such.
(Signature of person making certification)
STATE OF ________________
COUNTY OF _______________
Signed and sworn to (or affirmed) before me on (date) by _____ (name(s) of individual(s) making statement).
(Signature of Notarial Officer)
(Title of officer)
My commission expires:
(Affix official seal, if applicable)"
(d) All tangible copies of electronic documents eligible for recording under this subsection (2) are validly recorded when accepted for recording by the chancery clerk's office. Tangible copies of electronic documents recorded by a chancery clerk before the effective date of the Revised Mississippi Law on Notarial Acts shall be considered validly recorded with or without the certification provided in paragraph (b) of this subsection (2).
(e) The person making the certification provided in this section must:
(i) 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;
(ii) Personally print or supervise the printing of the electronic document onto paper; and
(iii) Not make any changes or modifications to the electronic document other than the certification described in this subsection (2).
(f) If a certificate is completed with the information required by paragraph (b) of this subsection (2) and is attached to or made part of a tangible copy of an electronic document, the certificate is prima facie evidence that the requirements of paragraph (e) of this subsection (2) have been satisfied.
(g) This section does not apply to maps or plats that are subject to the requirements of Section 19-27-23, 19-27-25 or 19-27-27.
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3) The chancery clerk's office may
refuse to record a document that does not satisfy * * * the requirements of this
section. However, if a document does not satisfy subsection (1) or (2)
of this section, but is otherwise admitted to record, then all persons
shall be on constructive notice of the contents of the document.
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4) If the relative priorities of
conflicting claims to real property were established before July 1, 2011, then
the law applicable to those claims at the time those claims were established
shall determine their priority.
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5) This section does not require the
acknowledgement or verification upon oath or affirmation or prohibit the
recording of any of the following filed for record under the Uniform Commercial
Code or otherwise specially provided for by law:
(a) A financing statement;
(b) A security agreement filed as a financing statement; or
(c) A continuation statement.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.