Section 28.681

Title IV EXECUTIVE BRANCH

Chapter 28

Effective - 28 Aug 1998, 4 histories, see footnote   (history) 

  *28.681.  Statements, documents or notices may be filed, transmitted and stored in an electronic format, exceptions — duplicates not required — personal signatures shall be satisfied by electronically transmitted signa-tures, when. — 1. Any statement, document or notice required or permitted to be filed with or transmitted by the secretary of state, or any judicial decree requiring the filing of such document, except any document or judicial decree relating to his or her statutory or constitutional duties relating to elections, may be filed, transmitted, stored and maintained in an electronic format prescribed by the secretary of state. No statement, document or notice submitted or filed in an electronic format need be submitted or filed in duplicate. Nothing in** this section shall require the secretary of state to accept or transmit any statement, document or notice in an electronic format.

  2. Any statutory requirement that a statement, document or notice be signed by any person shall be satisfied by an electronically transmitted signature that is:

  (1) Unique to the person using it;

  (2) Capable of verification;

  (3) Under the sole control of the person using it;

  (4) Linked to the document in such a manner that if the data are changed, the signature is invalidated; and

  (5) Intended by the party using it to have the same force and effect as the use of a manual signature.

  3. Any requirement that a statement, document or notice filed with the secretary of state be notarized shall be satisfied by a properly authenticated digital signature. The execution of any statement, document or notice with a digital signature pursuant to this subsection constitutes an affirmation under penalties of perjury that the facts stated therein are true and that such person or persons are duly authorized to execute such statement, document or notice or are otherwise required to file such statement, document or notice.

­­--------

(L. 1998 S.B. 844 § 1)

*This section was enacted by both S.B. 680 and S.B. 844 during the 2nd Regular Session of the 89th General Assembly, 1998.  Due to possible conflict, both versions are printed here.

**Word "is" appears in original rolls.