Download as PDF
382.075
Uniform Real Property Electronic Recording Act -- Recording of
electronic document -- Electronic signature -- Powers and duties of county
clerk.
(1)
(2)
(3)
(4)
(5)
If a law requires, as a condition for recording by the county clerk upon the records
relating to real property, that a document be an original, be on paper or another
tangible medium, or be in writing, the requirement shall be satisfied by an electronic
document that complies with the requirements of KRS 423.300 to 423.455 or this
section.
If a law requires, as a condition for recording, that a document be signed, the
requirement is satisfied by an electronic signature.
A requirement that a document or a signature associated with a document be
notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the
electronic signature of the person authorized to perform that act, and all other
information required to be included, is attached to or logically associated with the
document or signature. A physical or electronic image of a stamp, impression, or
seal need not accompany an electronic signature.
As used in this section, "paper document" means a document that is received by the
clerk in a form that is not electronic. A clerk:
(a) May receive, index, store, archive, and transmit electronic documents;
(b) May provide for access to, and search and retrieval of, documents and
information by electronic means;
(c) Who accepts electronic documents for recording shall continue to accept
paper documents as authorized by state law and shall place entries for both
types of documents in the same index;
(d) May convert paper documents accepted for recording into electronic form;
(e) May convert into electronic form information recorded before the clerk began
to record electronic documents;
(f) May accept electronically any fee, levy, or tax that the clerk is authorized to
collect; and
(g) May agree with other officials of a state or a political subdivision of that state,
or of the United States, on procedures or processes to facilitate the electronic
satisfaction of prior approvals and conditions precedent to recording and the
electronic payment of fees, levies, and taxes that the clerk is authorized to
accept.
This section shall be known and may be cited as the "Uniform Real Property
Electronic Recording Act." In applying and construing this section, consideration
shall be given to the need to promote uniformity of the law with respect to its
subject matter among the states that enact it.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 33, effective January 1, 2020.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
