South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-315 - Memorandum of Understanding

Current through Register Vol. 48, No. 6, June 28, 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.