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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 314-S.F.No. 2725 
                  An act relating to real estate; authorizing additional 
                  methods for recorder and registrar functions; amending 
                  Minnesota Statutes 1996, sections 386.40; 386.41; 
                  508.32; 508.38; and 508A.38; proposing coding for new 
                  law in Minnesota Statutes, chapters 386; 508; and 508A.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 386.40, is 
        amended to read: 
           386.40 [SEAL.] 
           Every county recorder shall have an official seal and affix 
        the same to all documents requiring the recorder's official 
        signature, except the endorsement mentioned in section 
        386.41.  The seal may be affixed by a stamp that will print a 
        seal that legibly reproduces under photographic or electronic 
        methods.  The seal also may be a printed facsimile or it may be 
        electronically generated. 
           Sec. 2.  [386.409] [COUNTY RECORDER'S OFFICIAL SIGNATURE.] 
           When the county recorder's official signature, or that of a 
        deputy is required under section 386.41, an electronically 
        generated facsimile signature or name may be used. 
           Sec. 3.  Minnesota Statutes 1996, section 386.41, is 
        amended to read: 
           386.41 [CERTIFICATE OF RECORD.] 
           Every county recorder shall endorse upon each instrument 
        recorded, over the recorder's official signature, OFFICE OF THE 
        COUNTY RECORDER, ... COUNTY, MINNESOTA, CERTIFIED, FILED, AND/OR 
        RECORDED ON, the date and time when it was received recorded and 
        the document number and/or book and page in which it was 
        recorded; and every instrument shall be considered as recorded 
        at the time so noted. 
           Sec. 4.  [386.459] [OFFICIAL RECORDS; COMPILATION, 
        MAINTENANCE, AND STORAGE OF INFORMATION.] 
           The county recorder may select and use alternative methods 
        for the compilation, maintenance, and storage of the information 
        contained in the official records listed in sections 386.03, 
        386.04, 386.05, 386.19, and 386.32, subject to the following 
        conditions: 
           (1) the methods selected must provide for access to the 
        information contained in the records by those authorized by law 
        to have access to that information; and 
           (2) the methods selected must provide for the preservation 
        of the information contained in the records to the extent 
        specified by law. 
           Sec. 5.  Minnesota Statutes 1996, section 508.32, is 
        amended to read: 
           508.32 [UNDER CONTROL OF COURT; AFFIXING SEAL.] 
           The registrar of titles shall be at all times under the 
        control of the court, which may adopt such rules governing the 
        conduct of office as it may deem wise.  Every registrar of 
        titles shall have an official seal and affix the same to all 
        documents requiring the registrar's official signature.  
        Provided, however, that instead of affixing the said official 
        seal to certificates of title the registrar may use a printed 
        facsimile thereof at all points in said certificate where the 
        official seal is required.  The seal may be affixed by a stamp 
        that will print a seal that legibly reproduces under 
        photographic or electronic methods.  The seal also may be a 
        printed facsimile or it may be electronically generated. 
           Sec. 6.  [508.349] [OFFICIAL SIGNATURE OF REGISTRAR OF 
        TITLES.] 
           When the official signature of the registrar of titles, or 
        that of a deputy, is required under Minnesota Statutes, section 
        508.35 or 508.38, an electronically generated facsimile 
        signature or name may be used. 
           Sec. 7.  [508.381] [OFFICIAL RECORDS; COMPILATION, 
        MAINTENANCE, AND STORAGE OF INFORMATION.] 
           The registrar of titles may select and use alternative 
        methods for the compilation, maintenance, and storage of the 
        information contained in the official records set forth in 
        sections 508.34 and 508.37, subject to the following conditions: 
           (1) the methods selected must provide for access to the 
        information contained in the records by those authorized by law 
        to have access to that information; and 
           (2) the methods selected must provide for the preservation 
        of the information contained in the records to the extent 
        specified by law. 
           Sec. 8.  Minnesota Statutes 1996, section 508.38, is 
        amended to read: 
           508.38 [FORMS OF RECORDS ADOPTED.] 
           Every instrument affecting the title to land, filed with 
        the registrar, shall be numbered by the registrar consecutively, 
        and the registrar shall endorse upon the same the number thereof 
        over the registrar's official signature, OFFICE OF THE REGISTRAR 
        OF TITLES, ... COUNTY, MINNESOTA, CERTIFIED FILED ON, together 
        with the date, hour, and minute when the same is filed, the 
        document number thereof, and a reference to its proper 
        certificate of title.  Every such instrument shall be retained 
        by the registrar and regarded as registered from the time of 
        filing except that such instruments may be copied or reproduced 
        as provided by section 15.17, as amended, and the copies or 
        reproductions thereof substituted for the originals with the 
        equal force and effect of the same, which originals may be then 
        destroyed as provided by said section 15.17.  When the memorial 
        of any instrument is made upon any certificate, the date, 
        number, and time of filing thereof shall likewise be endorsed 
        upon such certificate.  All records and papers relating to 
        registered land in the office of the registrar, shall be open to 
        the inspection of the public at such times and under such 
        conditions as the court may prescribe. Duplicates of all 
        instruments, voluntary or involuntary, filed and registered with 
        the registrar, may be presented with the originals, and shall 
        thereupon be endorsed with the file number, and other memoranda 
        on the originals, and may be attested and sealed by the 
        registrar, and returned to the person presenting the same.  The 
        registrar shall furnish certified copies of the instruments 
        filed and registered in the registrar's office, upon payment of 
        a fee as provided in section 357.18.  The court shall adopt 
        general forms of memorials and notations to be used by the 
        registrars in registering the common forms of conveyance and 
        other instruments. 
           Sec. 9.  [508A.349] [OFFICIAL SIGNATURE OF REGISTRAR OF 
        TITLES.] 
           When the official signature of the registrar of titles, or 
        that of a deputy, is required under section 508A.35 or 508A.38, 
        an electronically generated facsimile signature or name may be 
        used. 
           Sec. 10.  [508A.381] [OFFICIAL RECORDS; COMPILATION, 
        MAINTENANCE, AND STORAGE OF INFORMATION.] 
           The registrar of titles may select and use alternative 
        methods for the compilation, maintenance, and storage of the 
        information contained in the official records listed in sections 
        508A.34 and 508A.37, subject to the following conditions: 
           (1) the methods selected must provide for access to the 
        information contained in the records by those authorized by law 
        to have access to that information; and 
           (2) the methods selected must provide for the preservation 
        of the information contained in the records to the extent 
        specified by law. 
           Sec. 11.  Minnesota Statutes 1996, section 508A.38, is 
        amended to read: 
           508A.38 [FORMS OF RECORDS ADOPTED.] 
           Every instrument affecting the title to land, filed with 
        the registrar pursuant to sections 508A.01 to 508A.85, shall be 
        numbered by the registrar who shall endorse upon it the number 
        of it the same over the registrar's official signature, OFFICE 
        OF THE REGISTRAR OF TITLES, ... COUNTY, MINNESOTA, CERTIFIED AND 
        FILED ON, together with the date, hour, and minute when the same 
        is filed, the document number thereof, and a reference to its 
        proper CPT.  Every instrument shall be retained by the registrar 
        and regarded as registered from the time of filing except that 
        the instruments may be copied or reproduced as provided by 
        section 15.17, and the copies or reproductions of them 
        substituted for the originals with the equal force and effect as 
        they have.  The originals may be then destroyed as provided by 
        section 15.17.  When the memorial of any instrument is made upon 
        any CPT, the date, number, and time of filing of it shall also 
        be endorsed upon the CPT.  All records and papers relating to 
        registered land in the office of the registrar shall be open to 
        the inspection of the public at the times and under the 
        conditions as the court may prescribe.  Duplicates of all 
        instruments, voluntary or involuntary, filed and registered with 
        the registrar, may be presented with the originals, and shall 
        thereupon be endorsed with the file number, and other memoranda 
        on the originals, and may be attested and sealed by the 
        registrar, and returned to the person presenting it.  The 
        registrar shall furnish certified copies of the instruments 
        filed and registered in the registrar's office, upon payment of 
        a fee as provided in section 357.18.  The court shall adopt 
        general forms of memorials and notations to be used by the 
        registrars in registering the common forms of conveyance and 
        other instruments. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:52 a.m.