Effective 28 Aug 1999
59.565. Electronically transmitted signature valid, when. — 1. Any statutory requirement that a document be signed by any person shall be satisfied by an electronically transmitted signature that is:
(1) Unique to the person signing;
(2) Capable of verification;
(3) Under the sole control of the person signing;
(4) Linked to the document in such a manner that if data is changed, the signature is invalidated; and
(5) Intended by the person signing to have the same force and effect as a manual signature;
provided that, the recorder of deeds has a security procedure in place so that the electronically transmitted signature is verified to detect forgeries and errors in transmissions, and a procedure to ensure that such signature was intended to be placed on such document by the authorized signer. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, call back procedures, or similar security devices. Comparison of a signature on a document with an authorized specimen signature shall not by itself be security procedure.
2. The execution of any document with a properly authenticated digital signature and acknowledgment pursuant to this section constitutes an affirmation, under penalty of perjury, that the facts stated in such document are true and that such person or persons are duly authorized to execute such document.
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(L. 1999 H.B. 795 § 2)
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