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On March 11, the Virginia secretary of state will require every electronic notarial certificate to include: (i) county/city within Virginia where the electronic notary public was physically located at the time the notarization was performed; and (ii) whether the notarization was done in person or by remote notarization. The requirement follows the passage of HB2064, which amends and reenacts certain provisions of the Virginia Code, relating to electronic notary and remote notarization. HB2604 is effective March 11, 2021.
On September 30, the Massachusetts Securities Division issued an amended Emergency Notice extending temporary relief from signature and notarization requirements in corporate filings and for registered financial professional filings until October 31. As under previous iterations of the notice (covered here and here), the Division will allow electronic signatures or copies of signed documents for securities applications and securities notice filings among others. However, the temporary waiver of notarization requirements for certain corporate finance filings and the CORI form, and relief from annual update filings and document delivery requirements for investment advisers were not extended.
On July 31, the Maryland’s secretary of state provided updated guidance regarding the waived in-person notarization requirement as part of the state’s Covid-19 response (see here for previous coverage). The guidance provides requirements for performing remote notarizations, lists remote notary vendors, and provides a brief set of FAQ pertaining to remote notary practices in general. The temporary waiver of the in-person notarization requirement was ordered by Governor Hogan on March 30, and is set to expire when the declared state of emergency lifts.
Massachusetts Securities Division extends emergency notice easing certain requirements for securities filings
On July 30, the Massachusetts Securities Division extended its emergency notice (previously covered here), which grants relief from signature and notarization requirements in corporate finance filings and grants relief for registered financial professionals during the Covid-19 outbreak. Specifically, the division will not require manual signatures or notarizations for securities applications and securities notice filings, among others, and will instead accept evidence of electronic signatures or copies of signed documents. With respect to certain financial professionals, the division has also provided relief relating to (i) physical signatures required on Forms U4, (ii) the submission of Criminal Offender Record Information forms in connection with an application for registration, and (iii) annual update filings and document delivery requirements. The relief is effective through August 31, 2020, unless extended or rescinded.
On June 30, the Oregon governor signed HB 4212, which provides relief relating to wage garnishment and notarization, among other things. The bill exempts certain recovery rebate payments under the CARES Act from garnishment requirements applicable to financial institutions. The bill also permits electronic notarization, provided certain requirements are met. The bill took effect on June 30.
On June 30, the Oregon governor signed HB 4212A into law, which authorizes remote online notarization through July 2021. Under the new law, a commissioned notary public may use audio-visual technology to perform notarizations, subject to certain requirements, limitations and conditions. The Oregon secretary of state also issued guidance which assists notaries to find technology vendors that meet the requirements of the new law, register for online notarization training, and submit the required notice form.
Massachusetts Securities Division issues emergency notice easing filing requirements for securities filings
On June 29, the Massachusetts Securities Division issued an emergency notice providing temporary relief from signature and notarization requirements in corporate finance filings, and from certain additional requirements relating to the registration of financial professionals. Specifically, the division will not require manual signatures or notarizations for securities applications and securities notice filings, among others, and will instead accept (i) evidence of electronic signatures or (ii) copies of signed documents. With respect to certain financial professionals, the division has also provided relief relating to (i) physical signatures required on Forms U4, (ii) the submission of Criminal Offender Record Information forms in connection with an application for registration, and (iii) annual update filings and document delivery requirements.
On June 29, the governor of Tennessee issued Executive Order No. 52, extending authorization for remote notarization and witnessing of documents through August 29. The order extended the terms initially authorized in Executive Order No. 26 and previously extended by Executive Order No. 37.
On June 26, the Colorado Department of State issued temporary amendments to the Notary Program Rules to authorize and establish minimum standards for remote notarization for individuals located within the state of Colorado. The amendments, which took immediate effect, set forth requirements for using remote notarization, including requirements surrounding the remote notarization system used to perform the notarizations and requirements for ensuring satisfactory evidence of identity.
On June 24, the Michigan governor announced Executive Order 2020-131, which extends a previous order that temporarily allowed e-signatures on official documents and remote notarizations (previously discussed here). Any notarial act may be performed by a notary that holds a valid notarial commission in Michigan using two-way real-time audiovisual technology if certain conditions are met. The order sets forth additional requirements for remote notarizations and continues through July 31, 2020 at 11:59 p.m.
- Buckley Webcast: Privacy and cybersecurity outlook for 2022
- Jonice Gray Tucker to discuss “Be Your Compliance Best in 2022” at the California Mortgage Bankers Association webinar
- Hank Asbill to discuss white collar ethics issues at the Stetson Law Review Symposium
- Lauren R. Randell to discuss “Significant legal developments in the Northeast” at the 37th Annual National Institute on White Collar Crime
- Jonice Gray Tucker to discuss “Small business & regulation: How fair lending has evolved & where it is heading?” at the Consumer Bankers Association Live program
- Jonice Gray Tucker to discuss “Regulators always ring twice: Responding to a government request” at ALM Legalweek
- Max Bonici to discuss “Fintech-bank partnerships and potential enforcement” at the 2022 ABA Spring Meetings
- Jonice Gray Tucker and Kari Hall to discuss “Equity, equality, regulation and enforcement – The evolving regulatory landscape of fair lending, redlining, and UDAAP” at the ABA Business Law Committee Hybrid Spring Meeting