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Hawaii issues executive order permitting remote notarization
On March 29, the Hawaii governor issued an executive order that, among other things, suspends requirements in Chapter 456 of the Hawaii Revised Statutes relating to notaries public, and any related administrative rules, to the extent that they would require close physical contact to accomplish notary functions. The executive order also sets out rules governing the performance of notarial acts while using audio-visual technology.
Colorado issues executive order temporarily suspending the personal appearance requirement for notarization due to the presence of Covid-19
On March 27, the Colorado governor issued an executive order temporarily suspending the requirement to appear personally before notarial officers to perform notarizations. The order authorizes the Secretary of State to issue temporary emergency rules to permit notarial officers to perform remote notarizations. The order does not affect the rights or duties of parties to existing contracts of insurance or other private contracts that may require or anticipate in-person notarization of documents. The order expires within 30 days of issuance, unless extended further by executive order.
Illinois allows notaries to work remotely
On March 27, the Illinois secretary of state announced that Illinois notaries public are temporarily allowed to perform remote, online notarizations during the Covid-19 crisis. The temporary authority will expire when the governor’s disaster proclamation is rescinded.
Indiana posts statement regarding remote notary technology vendors
On March 26, the Indiana secretary of state posted a statement providing that there are currently no approved remote notary technology vendors. Individuals are encouraged to check the announcement regularly as the secretary of state is working on approving vendors.
Alabama governor issues proclamations addressing notary services and remote shareholder meetings
On March 26, the Alabama governor issued a proclamation permitting remote notarization through videoconferencing, provided that certain requirements are met. A subsequent proclamation, issued on April 2, extended permission for remote notarization to unsupervised, non-attorney notaries and added a record-keeping requirement for such notarizations. Additionally, the proclamation permits remote shareholder meetings pursuant to guidelines and procedures adopted by the corporation’s board of directors, provided that certain requirements are met.
New Hampshire issues emergency order authorizing secure remote online notarization
On March 23, the New Hampshire governor issued an emergency order temporarily authorizing secure remote online notarization, with certain specified conditions. If state law requires an individual to appear personally before or be in the physical presence of a notarial officer at the time of a notarization, this requirement is satisfied if the individual and the notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time of the notarization. The order provides additional guidance on the signature, mailing, official date and time, and validity and recognition of the notarization.
Pennsylvania temporarily suspends in-person notarization requirements for real estate sales
On March 25, the Pennsylvania Department of State issued a temporary suspension of regulations requiring in-person notaries for real estate transactions. The suspension applies to personal real estate transactions that were already in process prior to the announcement of emergency measures. The department also waived personal appearance requirements (subject to certain requirements) for commercial real estate transactions both prior to and during the crisis. The department has approved three remote notarization providers: Doc-Verify, Safe-Docs, and Pavaso (for title companies).
Connecticut issues order on remote notarization
On March 23, the Connecticut Governor issued an order to permit any notarial act required under Connecticut law to be performed using an electronic device or process that allows a notary public commissioned in accordance with state law and a remotely located individual to communicate with each other simultaneously by sight and sound, provided that certain conditions set forth in the order are met. This change is effective immediately through June 23, 2020.
Wisconsin Department of Financial Institutions issues emergency guidance on remote notarization
On March 18, the Wisconsin Department of Financial Institutions (DFI) issued emergency guidance authorizing remote online notarization in response to the Covid-19 crisis. Remote online notarizations must be performed using technology providers that are regulated under standards that meet or exceed the state safeguards. The DFI has approved four remote online notarization providers thus far, two each for remote notary services to the general public, and for title companies and other real-estate transactions.
Wyoming secretary of state announces temporary remote notarization
On March 24, Wyoming’s secretary of state issued guidance on temporary remote notarization as a result of Covid-19. The guidance encourages Wyoming-based notaries that intend to perform remote online notarial acts to undergo training from remote notarization providers approved by contiguous states, and use that provider’s technology standards and security features. Approved contiguous providers include: CSC Global, Figure Technologies, Nexsys, NotaryCam, SafeDocs, Simplifile (for IPEN only), DocVerify, Jetexas Information Technovation, Notarize, Pavaso, SIGNiX, and World Wide Notary.