TITLE XLVIII
CONVEYANCES AND MORTGAGES OF REALTY
Chapter 478-A
UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT
Section 478-A:1
478-A:1 Short Title. –
This chapter may be cited as the Uniform Real Property Electronic Recording Act.
Source. 2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
Section 478-A:2
478-A:2 Definitions. –
In this chapter:
I. "Document" means information that is:
(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) Eligible to be recorded in the land records maintained by the register of deeds.
II. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
III. "Electronic document" means a document that is received by the register of deeds in an electronic form.
IV. "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
V. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
VI. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Source. 2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
Section 478-A:3
478-A:3 Validity of Electronic Documents; Recordation of Electronic Documents in Tangible Form. –
I. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this section.
II. If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
III. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
IV. A register of deeds shall accept for recording a tangible copy of an electronic document, other than a plat, map, survey, or plat of land as provided in RSA 478:1-a, containing a notarial certificate as satisfying any requirement that a document accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic document. A notarial certificate in the form provided in RSA 456-B:8, VI, satisfies the requirement of this paragraph.
Source. 2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
Section 478-A:4
478-A:4 Recording of Documents. –
I. In this section, "paper document" means a document that is received by the register of deeds in a form that is not electronic.
II. A register of deeds:
(a) May receive, index, store, archive, and transmit electronic documents;
(b) May provide for access to, and for search and retrieval of, documents and information by electronic means;
(c) Shall, if accepting electronic documents for recording, continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(d) May convert paper documents accepted for recording into electronic form;
(e) May convert into electronic form information recorded before the register of deeds began to record electronic documents;
(f) May accept electronically any fee or tax that the register of deeds is authorized to collect; and
(g) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
Source. 2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
Section 478-A:5
478-A:5 Uniformity of Application and Construction. –
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source. 2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
Section 478-A:6
478-A:6 Relation to Electronic Signatures in Global and National Commerce Act. –
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
Source. 2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.