Key Takeaways
- AB 2004 allows electronic records to be converted to paper documents for county recording
- Effective January 1, 2025
- A "disinterested custodian" presents the tangible copy to the notary
- The notary administers a jurat certifying the accuracy of the tangible copy
- Bridges the gap between digital closings and paper-only county recording offices
AB 2004 — Tangible Copy Certification
Real estate transactions are increasingly conducted digitally—documents are signed electronically, notarized remotely, and stored in the cloud. But there is a problem: many California county recorder offices still only accept paper documents.
AB 2004, effective January 1, 2025, creates a solution by establishing a procedure for converting electronic records into paper ("tangible") copies that county recorders will accept.
The Problem AB 2004 Solves
| The Digital Reality | The Paper Requirement |
|---|---|
| Documents signed electronically | County recorders need paper originals |
| Digital closings becoming standard | No way to bridge electronic to paper |
| Out-of-state RON notarizations | California counties need physical documents |
| Electronic storage is the norm | Recording offices need ink-on-paper |
Before AB 2004, there was no standardized way to take an electronically signed and notarized document and convert it into a paper document that a county recorder would accept for recording. This created a bottleneck in real estate transactions.
How the Process Works
Key Players
| Role | Description |
|---|---|
| Disinterested custodian | A person who has custody of the electronic record but no financial interest in the transaction |
| Notary public | Administers the jurat certifying the tangible copy |
| County recorder | Accepts the certified tangible copy for recording |
Step-by-Step Process
- Electronic document exists — A document has been electronically signed and possibly electronically notarized
- Tangible copy created — The electronic record is printed to create a paper ("tangible") copy
- Custodian presents copy — The disinterested custodian brings the tangible copy to a California notary
- Custodian makes declaration — Under oath, the custodian declares:
- They have custody of the electronic record
- The tangible copy is a true and correct copy of the electronic record
- They are a disinterested party (no financial interest in the transaction)
- Notary administers jurat — The notary administers the oath and completes a jurat
- Document recorded — The certified tangible copy can now be submitted to the county recorder
The Disinterested Custodian
This is a new concept introduced by AB 2004:
Who Can Be a Disinterested Custodian?
| Eligible | Not Eligible |
|---|---|
| Title company employee (not involved in the transaction) | A party to the transaction |
| Escrow officer from a different transaction | The buyer or seller |
| Document custodian at a financial institution | The real estate agent |
| Attorney not representing either party | The lender |
Why "Disinterested"?
The custodian must have no financial interest in the transaction to ensure they have no motive to alter or misrepresent the document. This safeguard protects against fraud.
The Notary's Role
The notary's role in the tangible copy certification process is specific:
| The Notary DOES | The Notary DOES NOT |
|---|---|
| Verify the custodian's identity | Verify the contents of the electronic record |
| Administer the oath to the custodian | Compare the tangible copy to the electronic original |
| Complete the jurat certificate | Certify that the copy is accurate (the custodian does this) |
| Apply seal and signature | Have any special technology requirements |
Exam Tip: The notary does NOT need to view or access the electronic record. The notary's role is limited to administering the jurat—the custodian is the one certifying accuracy under oath.
Impact on Notary Practice
AB 2004 creates a new service opportunity for notaries:
- New revenue source — Tangible copy certifications are a new type of notarial service
- No special equipment needed — Standard notary tools are sufficient
- Standard jurat procedure — The notary performs a familiar notarial act
- Growing demand — As digital transactions increase, so will demand for tangible copy certifications
On the Exam
Key points tested about AB 2004:
- Effective date: January 1, 2025
- Purpose: Convert electronic records to paper for county recording
- Disinterested custodian: Must have no financial interest in the transaction
- Notary's role: Administer jurat to the custodian—not certify the copy's accuracy
- Oath required: Custodian swears under oath that the copy is accurate
What is the purpose of AB 2004?
Who presents the tangible copy to the notary under AB 2004?
What notarial act does the notary perform in the AB 2004 process?