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Maine governor issues order and guidelines regarding temporary suspension of in-person notary requirements
On April 8, Maine Governor Janet Mills issued an executive order temporarily suspending certain in-person notarization requirements due to the Covid-19 crisis. The order details the requirements for remote notarization, including use of two-way, audio-video communication technology, and recording requirements. Governor Mills’ order is set to terminate 30 days after termination of the Covid-19 state of emergency, unless otherwise amended.
Arizona authorizes remote online notarization
On April 8, Arizona issued an executive order authorizing the use of remote online notarizations. The state had passed legislation legalizing remote online authorization in 2019 and the law was scheduled to take effect on July 1, 2020, but is now in effect due to the Covid-19 crisis.
Maine issues executive orders relating to remote notarizations
On April 8, the Maine governor issued an executive order permitting remote notarization, provided that certain requirements set forth in the order are met. On April 24, the Maine governor issued a subsequent executive order that extends the time period required for certain steps in the remote notarization process. The executive orders will remain in effect until 30 days after the termination of the Covid-19 state of emergency, unless amended or rescinded at an earlier time.
Michigan governor issues temporary order enabling remote notarization
On April 8, Michigan Governor Gretchen Whitmer issued an executive order enabling remote notarization in response to the Covid-19 crisis. Whitmer’s order allows for the use of electronic signatures, remote notarization, remote witnesses and attestations, and remote visitations in necessary transactions and interactions. The order took effect immediately and will be in place through May 6.
Missouri governor issues an executive order regarding remote notarization
On April 6, the Missouri governor issued Executive Order 20-08 authorizing notarial acts to be performed utilizing audio-video technology, provided certain conditions are met. The order terminates on May 15, 2020 unless extended.
Mississippi permits remote notarization
On April 6, the governor of Mississippi issued an executive order permitting remote notarizations. To perform a remote notarization under the terms of the order, the notary and the principal must be using two-way audio and visual communication at the time of signing. Additionally, the notary public must reasonably identify the principal, create an audiovisual recording of the act, retain the recording, and ensure that the intended document relates to a matter in Mississippi, among other things. Notaries public intending to perform remote notarizations may use this form to notify the secretary of state.
Montana Department of Administration provides information regarding technology-based notarization
The Montana Department of Administration has posted information about technology-based notarizations available to Montana notaries. The guidance describes the mechanics of remote and remote online notarization, the registration requirements for performing technology-based notarization, and the methods of identification for remote and remote online notarizations. A list of Montana Secretary of State approved providers of remote and remote online notarization is included.
Wisconsin Department of Financial Institutions announces remote notarization
The Wisconsin Department of Financial Institutions announced remote notarization as a result of Covid-19 emergency measures. DFI has currently approved five remote notarization providers: Notarize.com, NotaryCam, Pavaso, DocVerify, and Nexsys. Additional approvals will be forthcoming.
Special Alert: Fannie Mae and Freddie Mac ease RON requirements
On March 31, Fannie Mae and Freddie Mac issued bulletins updating and clarifying their respective requirements for remote online notarizations as they seek to reduce in-person notarizations during the Covid-19 pandemic. Remote online notarization allows a notary to use electronic tools — typically video conferencing — to notarize documents while the signatory is physically located somewhere else. About half the states authorize the use of remote online notarizations, while several additional states have taken emergency actions to allow them in response to the pandemic.
Fannie and Freddie previously had electronic notarization guidance in their Selling Guide and Seller/Servicer Guide, respectively, that limited the use of RONs, as they are called.[1] The March 31 updates ease those requirements and clarify the conditions under which Fannie and Freddie will accept RONs of loans sold to them. Among other things, the bulletins establish:
- Minimum requirements for authentication of signatories
- Security and document integrity requirements
- Restrictions on the physical location of the notary performing the notarial act
- Requirements to comply with certain aspects of the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA)
- Specific representations and warranties of the lender
- A list of states (below) in which lenders may sell loans to the GSEs with remote online notarization
- Clarification that they will accept remotely notarized documents meeting the new requirements in any state that, subsequent to the publication of the bulletins, adopts a law that permits the use of RONs or accepts out-of-state RONs.
California secretary of state issues FAQs on notarizations, business entity filings
The secretary of state issued FAQs summarizing the impact of Governor Newsome’s Shelter in Place order on notarizations and business filings. The FAQs clarify that the Secretary of State’s Office remains operational, although it is only accepting business entity filings and notary oath filings by mail or electronically. The FAQs also provide that while California law does not permit California notaries to perform remote online notarizations, California citizens may utilize remote online notarization services provided by an out-of-state notary, if those services are performed in accordance with local state law. California citizens may also utilize the services of a “mobile notary,” that will travel to a customer’s location and perform notarizations.