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OK Senate Bill 2038

Legislation

State: Oklahoma
Signed: June 14, 2024

Effective: June 14, 2024
Chapter: 452

Summary

Senate Bill 2038 dispenses with the notarization requirement for a transfer of ownership of a vehicle to an insurer resulting from a settlement of total loss if the signatures are electronically signed pursuant to 12A OS 15-109.

Affects

Amends Section 1107 of Title 47 of the Oklahoma Statutes.

Changes
  1. Provides that if any other documents used for a transfer of the ownership of a vehicle to an insurer resulting from the settlement of a total loss claim require a notarized signature, the documents shall be permitted to be signed electronically pursuant to Section 15-109 of Title 12A of the Oklahoma Statutes.
  2. Provides that the supporting documents allowed to be signed with electronic signatures include but are not limited to vehicle powers of attorney forms and an odometer statement.
Analysis

We are reporting on Oklahoma Senate Bill 2038 because it removes the notarization requirement. In Oklahoma, car titles must be notarized when a vehicle changes ownership. If, however, the transfer is to an insurer as a result of a settlement of a claim of total loss, Senate Bill 2038 dispenses with the notarization requirement. Instead, it allows electronic signatures to be used to sign the applicable documents, which include powers of attorney and odometer statements, and could possibly apply to other documents as well. As long as the electronic signatures comply with Section 15-109 of the Uniform Electronic Transactions Act (UETA), the transfer of the damaged vehicle can take place without a notarial act. Section 15-109 of the UETA requires an electronic signature to be attributable to a person. Had Senate Bill 2038 pointed to Section 15-111 — which authorizes notarial officers to use electronic signatures — an electronic notarial act would have been required to replace the one previously performed on paper.

Read Senate Bill 2038.

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