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The Hawaii Division of Financial Institutions issued guidance indicating that it will temporarily permit licensees with locations in Hawaii to reduce hours or close offices during Hawaii’s Covid-19 Emergency Period. The guidance clarifies that financial institutions and escrow depositories are required to provide notice of closures or reductions in hours to the Division and to customers as soon as practicable. While mortgage loan originators, mortgage servicers, and money transmitters are not required to provide notice, the Division requests a courtesy notification of any closure or reduction in hours, and mortgage loan originator branch managers must post signage at the branch office.
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.
On March 23, the Virginia governor signed HB 743, which outlines disclosure requirements for private student loan providers to follow before issuance of a qualified education loan. The disclosure must contain contact information for the state’s Office of the Qualified Education Loan Ombudsman, as well as “a summary of the student loan information applicable to private education loans.” HB 743 further states that this disclosure may be “made in in conjunction with or incorporated into another disclosure” provided it is sent to a borrower prior to the issuance of a loan. The act takes effect July 1, 2021.
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.
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.
On April 1, Utah Governor Gary Herbert issued an order instituting a moratorium on residential evictions for individuals out of work or otherwise unable to pay rent as a direct result of Covid-19 provided certain conditions are met. The temporary order went into effect immediately and is effective through May 15. Herbert’s announcement did not institute rent forgiveness during the leniency period.
On April 1, the Indiana Secretary of State, Securities Division issued a compliance alert to notify registrants that the division granted relief from fingerprinting requirements associated with registration applications for investment adviser representatives. The division indicated that it may provisionally approve an application for registration without fingerprints, provided the applicant submits fingerprints before June 30, 2020.
On April 1, Ohio Governor Mike DeWine signed an executive order calling for a moratorium on small business evictions and foreclosures as part of the state’s Covid-19 emergency measures. The order requests that landlords suspend rent payments and evictions for financially distressed small businesses for a period of at least 90 days. DeWine also requested forbearance for commercial real estate borrowers in the state for the same duration. The order also notes that the Supreme Court of Ohio provided guidance to local courts to temporarily continue the execution of foreclosure judgments, eviction filings, eviction proceedings, and scheduled move-outs.
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.
On April 1, the North Carolina governor issued an executive order permitting corporations to hold shareholder meetings by remote communication. The order will remain in effect for 60 days unless rescinded or superseded with another order.
- Buckley Webcast: Where we are now: Exploring potential risks and rewards for lenders under CARES Act’s Paycheck Protection Program
- Benjamin W. Hutten to discuss "Understanding OFAC sanctions" at a NAFCU webinar
- Garylene D. Javier to discuss "Navigating workplace culture in 2020" at the DC Bar Conference