Tangible Copy (of an Electronic Record)

A tangible copy is a physical (paper) printout of an electronic record. Under Government Code §27201.1, a disinterested custodian — a person who has access to the electronic record and is not a grantee, beneficiary, or person who directly benefits from it — may certify that a tangible copy is a complete and accurate reproduction of the electronic record.

The process works as follows: The disinterested custodian prepares and signs a certification stating that the tangible copy accurately reproduces the electronic record, that intact tamper-evident security procedures were displayed, and that no changes occurred after creation/execution/notarization. This certification is then subscribed and sworn to (or affirmed) before a notary public, accompanied by a jurat completed by the notary and attached to the certification (Government Code §8202).

This procedure allows documents notarized via remote online notarization (from other states) or other electronic records to be recorded in California's real property records as tangible copies.

Exam Tip: The notary's role here is to execute a jurat on the custodian's certification — the notary does not independently certify the electronic record. The disinterested custodian does the certifying; the notary notarizes the custodian's sworn statement. This is a new provision added by Assembly Bill 2004, effective January 1, 2025.