2006 Louisiana Laws - RS 12:2 — Filing methods

§2.  Filing methods

A.(1)  The secretary of state may accept any filing, authorized by this Title, by electronic or facsimile transmission.  All electronic filings authorized by this Title shall include an electronic or digital signature.

(2)  "Digital signature" means a type of electronic signature that transforms a message using an asymmetric crypto system such that a person having the initial message and the signer's public key can accurately determine:

(a)  Whether the transformation was created using the private key that corresponds to the signer's public key.

(b)  Whether the initial message has been altered since the transformation was made.

(3)  "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

B.  A facsimile filing, the process of transmitting printed documents by electronic method to the secretary of state, is deemed to be properly signed when the document received by a facsimile machine or document image attachment in e-mail in the commercial division, office of the secretary of state, purports to be a copy of the original document, and contains the signatures required by this Section.

C.(1)  Internet filing.  The secretary of state is authorized to implement and establish procedures and systems for secure Internet-form filing for the filing of any instrument required under this Title.

(2)  Any requirement that an instrument filed under this Title shall be subscribed or acknowledged before a notary public may be dispensed with if the instrument is filed and signed electronically as provided in Paragraph (A)(3) of this Section by a person authorized to sign the instrument.

D.  In-person filing.  Any provision of this Title requiring that an instrument filed under this Title shall be subscribed or acknowledged before a notary public may be dispensed with if the instrument is signed, by the person authorized to sign, in the presence of the employee of the secretary of state receiving the instrument for filing provided the employee verifies the identity of the person signing the instrument.

Acts 1999, No. 342, §5; Acts 2001, No. 1032, §4; Acts 2006, No. 256, §1.