(a) The registrar may accept an electronic document for recording. The electronic document shall be exempt from any requirement under this chapter that a document or instrument be:

contract signature

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Terms Used In Hawaii Revised Statutes 502-122

  • Document: means information affecting title to real property that is eligible to be entered into the public records, including any plan of land prepared pursuant to section 502-17. See Hawaii Revised Statutes 502-121
  • Electronic: means relating to technology having electric, digital, magnetic, wireless, optical, electromagnetic, or similar properties. See Hawaii Revised Statutes 502-121
  • Electronic document: means a document that is stored in an electronic medium. See Hawaii Revised Statutes 502-121
  • 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 of affixing a signature on the document. See Hawaii Revised Statutes 502-121
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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. See Hawaii Revised Statutes 502-121
  • recording: means the act of entering into the public records the written instruments affecting title to real property. See Hawaii Revised Statutes 502-7
  • Signature: means the name of a person as written by the individual, the affixing of a mark or finger or toe print, or electronic signature as that term is defined in chapter 489E. See Hawaii Revised Statutes 502-7
(1) The original document or instrument;
(2) On paper, cloth, or other tangible medium; or
(3) In writing.
(b) When a law requires as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c) Any requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath shall be 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. It shall not be necessary to accompany an electronic signature with a physical or electronic image or a stamp, impression, or seal.
(d) In a proceeding, evidence of a document or signature shall not be excluded solely because it is in electronic form.

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