§ 291-I — Validity of electronic recording

§ 291-i. Validity of electronic recording. 1. Notwithstanding any law\nto the contrary, (a) where a law, rule or regulation requires, as a\ncondition for recording, that an instrument affecting real property be\nan original, be on paper or another tangible medium or be in writing,\nthe requirement is satisfied by a digitized paper document or an\nelectronic record of such instrument;\n (b) where a law, rule or regulation requires, as a condition for\nrecording, that an instrument affecting real property be signed, the\nrequirement is satisfied, where the instrument exists as a digitized\npaper document, if the digitized image of a wet signature of the person\nexecuting such instrument appears on such digitized paper document or,\nwhere the instrument exists as an electronic record, if the instrument\nis signed by use of an electronic signature;\n (c) where a law, rule or regulation requires, as a condition of\nrecording, that an instrument affecting real property or a signature\nassociated with such an instrument be notarized, acknowledged, verified,\nwitnessed or made under oath, the signature requirement is satisfied if:\n(i) the digitized image of a wet signature of the person authorized to\nperform that act and any stamp, impression or seal required by law to be\nincluded, appears on a digitized paper document of such instrument; or\n(ii) the electronic signature of the person authorized to perform that\nact, and all other information required to be included, is attached to\nor logically associated with an electronic record of such instrument,\nprovided, however that no physical or electronic image of a stamp,\nimpression or seal shall be required to accompany such electronic\nsignature.\n (d) where a law, rule or regulation requires, as a condition of\nrecording an instrument affecting real property, that any accompanying\ndocument be filed therewith, the requirement is satisfied if, in the\ncase of recording by electronic means, a digitized paper document or\nelectronic record of any such accompanying document is presented to the\nrecording officer at the same time as such instrument is recorded by\nelectronic means; provided that each such document or record shall be\npresented to the recording officer as a separate digitized paper\ndocument or electronic record unto itself.\n 2. A digitized paper document or documents shall be created using a\nsoftware application or other electronic process which stores an image\nof the original paper document or documents, and which does not permit\nadditions, deletions or other changes to the digitized image, or if\nadditions, deletions or changes are permitted, a media trail exists\nwhich creates an electronic record which makes it possible to identify\nthese changes.\n 3. Nothing in this section or any other provision of law shall be\nconstrued to require the recording by electronic means of instruments\naffecting real property. The decision by each county clerk to\nparticipate in electronic recording is discretionary. Once a county\nclerk permits electronic recording, the county shall accept such\nelectronic recordings.\n 4. Where any recording officer permits instruments affecting real\nproperty and any accompanying documents to be presented for recording or\nfiling as digitized paper documents or electronic records pursuant to\nthis section, such recording by electronic means shall be in accordance\nwith the rules and regulations established by the electronic facilitator\npursuant to subdivision five of this section.\n 5. In order to ensure consistency in the standards and practices of,\nand the technology used by recording officers in the state, the\nelectronic facilitator, as described in section three hundred three of\nthe state technology law, shall, consistent with the provisions of\narticle three of the state technology law, promulgate rules and\nregulations, and amendments thereto, as appropriate governing the use\nand acceptance of digitized paper documents, electronic records and\nelectronic signatures under this article. Such authority shall address\nand be limited to standards requiring adequate information security\nprotection to ensure that electronic records of instruments affecting\nreal property documents are accurate, authentic, adequately preserved\nfor long-term electronic storage and resistant to tampering. When\npromulgating rules and regulations, the electronic facilitator may take\ninto consideration: (a) the most recent standards promulgated by\nnational standard-setting bodies such as, without limitation, the\nproperty records industry association; (b) the views of interested\npersons and governmental officials and entities, including but not\nlimited to recording officers and representatives of the state title,\nlegal and banking industries; and (c) the needs of counties of varying\nsize, population, and resources.\n 6. Nothing contained in this section shall be construed to authorize a\nrecording officer to furnish digitized paper documents of the reports\nrequired by section five hundred seventy-four of the real property tax\nlaw. Such reports shall be furnished as paper documents with the\nrequisite notations thereon, except where the state board of real\nproperty services has agreed to accept data submissions in lieu thereof\nor has provided for the electronic transmission of such data pursuant to\nlaw.\n