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West Virginia Secretary of State announces temporary remote notarization
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.
Nebraska issues executive order accelerating online notary access
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.
Oklahoma issues FAQs on remote notarization
The Oklahoma Secretary of State published FAQs on online remote notarization, encouraging businesses to utilize remote notarization capacity in order to bypass in-person meetings and physical delivery of documents. The FAQs also discuss the authorization, bond, and recordkeeping requirements applicable to remote notarization.
Georgia authorizes remote notarization
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.
New Mexico governor issues order temporarily permitting remote notarization
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.
Colorado Department of State temporarily authorizes remote notarization
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.
Connecticut governor issues executive order updating remote notarization guidelines
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.
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.
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.
West Virginia creates regulatory sandbox program
On March 24, the West Virginia governor signed HB 4621, which creates a state fintech regulatory sandbox program through the state’s Division of Financial Institutions (Division) that allows participants to temporarily test innovative financial products or services on a restricted basis without requiring a license under West Virginia law. Under the program, approved applicants will have 24 months from the date an application is approved to test their product or service within the state without being subject to state laws and regulations that normally would regulate such products or services, unless the Division determines otherwise. HB 4621 outlines requirements for participants, which include specific state consumer protection laws, time limitations, and reporting requirements. Additionally, the Division, upon written notice, may end a participant’s participation in the program at any time and for any reason. The program allows participants to request an extension of time up to 12 months after the end of the regulatory sandbox testing period in order to obtain a license or other authorization required by the law to continue to offer the product or service. The act takes effect on June 5.