New Law Authorizes Electronic Signatures for Recorded Instruments
On April 27, 2017, Governor Ricketts signed into law Legislative Bill 535, which authorizes the use of digital or electronic signature on instruments recorded by the register of deeds under Nebraska Revised Statutes section 25-1503.01. Although the new law should make the execution of recordable instruments more efficient, questions regarding its implementation remain. It is not yet known, for example, how the changes affect the current laws pertaining to notaries. A notary’s signature must be “original,” and a notary may not witness an electronic signature. Further guidance may be necessary before filing instruments with electronic signatures with the register of deeds.