DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 697 Reengrossed 2015 Regular Session Abramson
Abstract: Amends current law regarding authentic evidence for executory process and electronic
obligations documents to extend the rights, protections, and authority of a financial
institution under present law to an assignee in possession of a reproduction of an electronic
record.
Present law enumerates a list of documentary evidence deemed to be authentic evidence for the
purposes of executory process.
Proposed law adds documents recognized by R.S. 13:3733.2 to the enumerated list.
Proposed law provides for a definition of an "electronic record" and "electronic signature".
Present law provides that a financial institution must certify that it is entitled to enforce an obligation
evidenced by documents attached to a certificate of authenticity.
Proposed law provides that an assignee may certify that he is entitled to enforce an obligation as
evidenced by documents attached to a certificate of authenticity.
Proposed law provides that a record, electronic record, or reproduction of a record or electronic
record which contains an electronic signature or a reproduction of an electronic signature is
presumed to be genuine if accompanied by a certification that is executed by a representative of a
financial institution or its assignee and complies with the proposed form.
(Amends C.C.P. Arts. 2636(8) and 2637(F) and R.S. 13:3733.1(A)(intro. para.), (2), and (4), (C),
and (E); Adds C.C.P. Art. 2636(9) and R.S. 13:3733.1(A)(5) and (6), (L), and 3733.2)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Added technical amendments.