Current through Register Vol. 48, No. 3, March 22, 2024
A filer shall apply to a participating register to be enrolled
in the participating register's electronic filing and recording program.
A. The authorized filer and a participating
register shall enter into a memorandum of understanding (MOU) relating to the
terms and conditions of participation in the register's electronic filing and
recording program. The provisions of the MOU shall be consistent with the
regulations herein and the Uniform Real Property Electronic Recording Act. At a
minimum the MOU shall address the items described immediately below.
(1) Instruments permitted to be filed
electronically. The agreement shall identify the types of real property records
permitted to be filed electronically, which may be amended from time to time by
the register.
(2) Payment of filing
fees. The MOU shall require the payment of recordation taxes, recording fees or
register's fees assessed by statute, and establish the manner and method of
such payment.
(3) Notarization. The
MOU shall provide that electronic real property recordings shall comply with
requirements for notarization pursuant to South Carolina statutes and rules
adopted by the Secretary of State.
(4) Notification of submission for
recordation. The MOU shall provide that the register shall issue to the
authorized filer an electronic or other written notification that the
electronic document has been received by the register. The notification shall
include the date and time of the receipt of the electronic
instrument.
(5) Notification of
rejection. The MOU will provide that the electronic instruments submitted for
recordation shall be rejected if they fail to meet regulation image or
file-format specifications and security requirements; comply with South
Carolina statute requirements; or comply with the requirements established by
the register for electronic recording of real property records.
(6) Transmittal sheet requirements. The MOU
shall provide that authorized filers shall comply with transmittal sheet
requirements as determined by the individual county recorders.
(7) The MOU shall establish an effective date
and duration of the MOU or conditions for termination.
(8) Authorized filer contact information. The
MOU shall require authorized filers to provide complete information on persons
to contact, including an administrative contact person and an information
technology contact person.
(9)
Liabilities and responsibilities of the authorized filer. The MOU shall require
authorized filers to be responsible for keeping their encryption keys secure
pursuant to the regulations herein and for establishing internal controls to
ensure the security of the private key is not compromised and shall charge them
with the responsibility to notify the register's office of a compromise to
address any breach of internal controls.
(10) Breach of agreement by authorized filer.
If an authorized filer fails to take immediate corrective and remedial action
for any security compromise, the register may revoke the authorized filer's
privileges to file electronically.
B. A participating register may include in
the MOU other procedures and requirements consistent with S.C. Code Section
30-6-10 et
seq. in order to implement fully an electronic filing and recording
program.
