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  • SEC issues temporary guidance on signature and notary requirements

    Federal Issues

    On April 2, the SEC’s Division of Trading and Markets (Division) issued a statement regarding temporary requirements—as a result of Covid-19—for certain documents ordinarily submitted to the Division in paper form, including documents that require signatures or notarization. The Division states that it will not recommend enforcement actions for noncompliance with paper document and manual signature submission requirements against persons experiencing Covid-19-related logistical compliance difficulties, provided that certain conditions are met, including: (i) paper submission alternatives are coordinated with Division staff; (ii) electronic signatures are used in place of manual signatures; (iii) manually signed signature pages for all electronically signed submissions are retained and presented to the Division upon request; (iv) an indication of the date and time a signature page was signed is furnished; and (v) “policies and procedures governing this process” are created and implemented.

    The Division states that it will not recommend an enforcement action for failure to obtain notarization services, including those required for electronically filed broker-dealer annual reports due prior to June 30, if the filer: (i) provides a note on the document to indicate that it was not notarized “based upon relief from Commission staff and difficulties arising from COVID-19”; and (ii) provides written notification that the document was not notarized due to Covid-19 related issues to the Division at tradingandmarkets@sec.gov, or, in the case of a broker-dealer annual report, to “designated examining authority.”

    The statement’s guidance is effective for papers submitted from March 16 through June 30.

    Federal Issues Agency Rule-Making & Guidance SEC Broker-Dealer Notary Covid-19

  • Montana Secretary of State provides definitions and conditions for technology-based notarizations

    State Issues

    The Montana Secretary of State’s website enumerates four ways to perform notary services in the state. They include traditional notarization, In-Person Electronic Notarization (IPEN or eNotarization), Remote Online Notarization (RON), and remote notarization. The webpage also describes the conditions unique to each type of notary service.  This guidance follows the enactment of full RON, remote notarization on tangible records, as well as IPEN last fall.

    State Issues Covid-19 Montana E-Signature Notary

  • West Virginia Secretary of State announces temporary remote notarization

    State Issues

    On April 1, West Virginia’s secretary of state released an emergency rule authorizing electronic notarization as a result of Covid-19. The switch enables the use of audio and visual technology to witness and record notarizations, but requires the notary to create a recording of the performance of the individual signing, and retain a copy of that recording. Warner’s announcement specified that the electronic notary authorization would only be valid during the state of emergency, and will expire when the emergency measures are lifted.

    State Issues Covid-19 West Virginia Notary Fintech

  • Nebraska issues executive order accelerating online notary access

    State Issues

    On April 1, the Nebraska governor issued an executive order accelerating the use of online notarization, as well as offering some flexibility for financial institutions regarding usual notary requirements during the Covid-19 crisis. The order will remain in effect until 30 days after the lifting of the state of emergency.

    State Issues Covid-19 Nebraska Notary Fintech

  • Arkansas Securities Department provides relief from regulatory deadlines and guidance on notarization

    State Issues

    On April 1, the Arkansas Securities Department issued guidance providing relief from certain regulatory deadlines to licensed money services businesses and mortgage companies. The department is providing a 60-day extension to file financial statements and a 30-day extension to submit Call Reports and the MCR Standard Financial Condition Reports. Further, the guidance provides that licensed entities are authorized to use real-time audio and visual means to witness the signing of a legal document so long as the identity and physical presence of any and all witnesses and signers in Arkansas are validated at the time of execution of the document by real-time audio or visual means.

    State Issues Covid-19 Arkansas Securities Notary Money Service / Money Transmitters Mortgages Licensing

  • Georgia authorizes remote notarization

    State Issues

    On March 31, the governor of Georgia issued an executive order suspending requirements of Georgia’s property code that notarizations of deeds and other instruments to record interests in real property occur in person. Instead, any such requirement can now be satisfied by the use of real time audio-video conference. In addition, the order permits required witnesses to appear remotely.  The suspension will last until the state of emergency in Georgia is terminated.

    State Issues Covid-19 Georgia Notary Fintech

  • New Mexico governor issues order temporarily permitting remote notarization

    State Issues

    On March 30, New Mexico Governor Michelle Grisham issued an executive order temporarily permitting remote notarizations under certain conditions, including two-way audio-video technology. The order went into effect immediately and is set to expire on June 20.

    State Issues Covid-19 New Mexico Notary Fintech

  • Minnesota Commerce Department waives certain notary requirements

    State Issues

    On March 30, pursuant to a Commissioner Order issued on the same day, the Minnesota Commerce Department issued Regulatory Guidance 20-11 regarding notary requirement waivers. In light of the disruption caused by Covid-19, the guidance waives notarization requirements for franchises pursuant to Minn. R. Chapter 2860.9920 and 2860.9930 for new applications, amendments, and annual reports filed through June 30, 2020.

    State Issues Notary Covid-19 Minnesota State Regulation

  • Colorado Department of State temporarily authorizes remote notarization

    State Issues

    Effective March 30, the Colorado secretary of state amended its State Notary Program Rules to temporarily authorize and establish minimum standards for remote notarization. The amended rules require that both the notary and the remotely located individual be in the state of Colorado, that the system used to perform remote notarization must enable the notary to verify the identity of the remotely located individual and any required witness, that the notary, individual, and any witness are viewing the same record, and that all signatures or changes to the record made by the individual or witness are made in real time.

    State Issues Covid-19 Colorado Notary Fintech

  • Connecticut governor issues executive order updating remote notarization guidelines

    State Issues

    On March 30, Governor Ned Lamont issued updated remote notarization procedures, as part of a broader executive order on public health and safety during the Covid-19 crisis. The update enabled all notarizations to be conducted remotely via simultaneous sight and sound communication technology as long as specific requirements are satisfied. The changes replaced the governor’s previous order and are in place until June 23, unless otherwise noted.

    State Issues Covid-19 Connecticut Notary Fintech

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