§ 27201.1. — 27201.1. (Added by Stats. 2024, Ch. 691, Sec. 2.)

California § 27201.1.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 3.: DIVISION 2. OFFICERS
• Part 3.: PART 3. OTHER OFFICERS
• Ch. 6.: CHAPTER 6. Recorder
• Art. 1.: ARTICLE 1. Duties Generally

Text

(a)
(1)
A disinterested custodian of an electronic record may certify that a tangible copy is a complete and accurate reproduction of the electronic record. The certification shall be subscribed and sworn to, or affirmed, by the disinterested custodian before a notary
public and accompanied by a jurat attached thereto pursuant to Section 8202. The certification shall be in substantially the following form:
Certification of a Printed Copy of an Electronic Record
I hereby certify that the attached instrument entitled
document title, if applicable
, dated
document date
, and containing
page count
pages is an accurate reproduction of an electronic record printed by me or under
my supervision. At the time of printing, I had access to the electronic record displaying intact tamper-evident security procedures. No security procedures used on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the completion of the electronic record’s creation, execution, or notarization.
I am not a grantee, beneficiary, or otherwise a person who directly benefits from the attached instrument or electronic record.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraphs are true and correct.
Dated: ______
Name: ______
Signature: ______
(2)
A certification made by a disinterested custodian pursuant to this subdivision is separate and distinct from a certified copy issued by a recorder for purposes of Sections 1530 and 1531 of the Evidence Code. The disinterested custodian shall so identify the certification according to the form required by paragraph (1).
(b)
The recorder shall accept for recording a tangible copy of an electronic record bearing electronic signatures and containing a certificate in the form required by subdivision (a) as a certified copy of an original pursuant to subdivision (b) of Section 27201 provided that the electronic record is otherwise an instrument or notice that is authorized or required to be recorded and the tangible copy satisfies the requirements of subparagraph (A) of paragraph (1) of subdivision
(a) of Section 27201.
(c)
A tangible copy of an electronic record, once copied into the proper book of record, kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any failure of the person making the certification to qualify as a disinterested custodian.
(d)
For purposes of this section, “electronic
record,” “electronic signature,” and “security procedure” have the same meaning as in Section 1633.2 of the Civil Code, and “disinterested custodian” means a person who has access to an electronic record displaying intact tamper-evident security procedures and who is not the grantee, beneficiary, or otherwise a person who directly benefits from the electronic record.

Legislative History

Added by Stats. 2024, Ch. 691, Sec. 2. (AB 2004) Effective January 1, 2025.