Emergency Action On Remote Notarization & Signers’ ID

April 20, 2020 notary

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By NNA Staff on March 25, 2020

Unfortunately this does not apply New Jersey residents but please, contact Jones Notary Service, we will surely handle your notary needs at this time. Now for my fellow notary workers in other states, this is for you. Thank you and have a bless day.

Remote Online Notarization, COVID-19

In response to the coronavirus emergency, numerous states have put in place emergency measures to help Notaries to carry out their duties. The NNA is receiving heavy call volume from Notaries asking about Remote Online Notarization (RON). Please refer to this frequently updated article for guidance, or our RON overview article, before calling.

For more details about the each of the state emergency actions, visit the NNA’s State Notary Laws Updates page and select your state. Here is a complete list of states where remote notarizations can be performed. Also, please note that you must follow any guidelines set by your state to perform RON.Services such as Skype or Facetime may not be used as a replacement for RON technology guidelines mandated by state emergency orders.

Alabama Allows Video Notarizations For Attorneys, Supervised Notaries

Alabama Governor Kay Ivey has issued an executive order permitting attorney-Notaries and Notaries who work under the supervision of an attorney to notarize using videoconferencing in lieu of personal appearance. The order assumes the document will be executed on paper and sent to the Notary, who will then complete the required certificate wording with the date the Notary, signatory and any witnesses appeared before each other using videoconferencing technology. The order is in full force and effect until the public health emergency brought on by COVID-19 is rescinded or extended by another proclamation by the Governor.

Arizona ‘Defers’ Driver’s License Expiration Dates

The Arizona Governor issued Executive Order 2020-08 ordering the state Department of Transportation to defer for 6 months the renewal requirement for people with driver’s licenses and driving permits set to expire between March 1 and September 1 of this year. Law enforcement, state agencies and county and local governments must accept these IDs for the 6-month period.

The Arizona Secretary of State’s office confirmed to the NNA that Arizona Notaries may accept as identification for a notarial act a driver’s license covered under the Governor’s Executive Order.

Arkansas Permits Limited Use Of Audiovisual Technology For Notarizations

Arkansas has issued an executive order effective March 30 allowing certain limited Notaries to perform notarizations using real-time audiovisual means. The order permits audio and visual conference technology to replace the physical presence requirement in Arkansas when signing and notarizing paper documents. The signer and Notary must both be in the state at the time of notarization. However, only Arkansas Notaries who meet the following qualifications are allowed use audio and visual technology in place of personal appearance:

Notaries who are attorneys licensed to practice law in Arkansas
Notaries who are licensed Arkansas title agents
Notaries who are supervised by a licensed Arkansas attorney or licensed Arkansas title agent
Notaries employed by a financial institution registered with the Arkansas State Bank Department

Colorado Authorizes RON Through April 30

Under a Colorado executive order effective March 27, the physical presence requirement for notarizations in Colorado has been suspended. The executive order has been extended through April 30, 2020. However, election-related documents such as circulator petitions and voting petitions may not be notarized using RON The Secretary of State has been authorized to issue temporary emergency rules for remote notarizations..

The Secretary of State has issued emergency notarization rules for Colorado Notaries to implement the governor’s executive order, including the following:

Notarizations are still performed on paper and the document being signed is transmitted to the Notary by fax, email or other electronic means.
The Notary prints the document out and affixes the Notary’s seal to it before faxing, emailing or transmitting it by other electronic means back to the signer.
The Notary must be currently commissioned and located in Colorado, and a remote notarization may only be performed for an individual located within the state of Colorado.
The system used for the remote notarization must (a) enable the Notary to verify the identity of the signer and any required witnesses through personal knowledge or satisfactory evidence; (b) enable the Notary to verify that the Notary and all signers and witnesses are viewing the same record and all signatures, changes and attachments are made in real time; and (c) record the interaction so that verifications may be clearly viewed at a later date. All security requirements for a Notary journal also apply to the recording, and the Notary must also enter all remote notarizations in the Notary’s journal.
A signer may be identified by remote presentation of a government-issued ID as required by C.R.S. 24-21-507 or by the oath or affirmation of a credible witness who personally knows the Notary or who presents government-issued ID as required by C.R.S. 24-21-507
The Notary must indicate on the certificate that the notarization was performed using audiovisual technology.
If the record being notarized is a will as defined under C.R.S. 15-10-201(59), the original signed record must be presented to the Notary within 15 calendar days of the date of the remote notarization. Within 3 days of receiving the singed record, the Notary must confirm the will is identical to the one remotely notarized and affix the Notary’s signature seal on the original signed record, reflecting the date of the remote notarization.

Connecticut Temporarily Allows Remote Notarization

The Connecticut Governor has issued an executive order permitting any notarization to be completed “using an electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.” The measure is “effective through June 23, 2020, unless modified, extended or terminated by” the Governor.

There are a number of conditions that must be met to perform a remote notarization. They include:

The signer must be personally known to the Notary or musts present satisfactory evidence of identity at the time of the notarization.
The Notary must record the complete notarial act and keep the recording for at least 10 years.
The signer must affirm that they are physically located within Connecticut.
The signer must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the date it was executed.
The Notary Public may notarize the transmitted copy of the document and transmit the same back to the signer by fax or electronic means.

For a complete list of conditions and requirements, please review the executive order.

Florida Supreme Court Expands Remote Notarization

Florida last year enacted a law authorizing remote online notarization, which went into effect on January 1 this year. Under the law, Notaries must complete a training course and register to perform online notarizations.

However, in response to the state of emergency declared by the Florida governor, the state Supreme Court issued an administrative order allowing any Florida Notary to administer oaths for court proceedings remotely using audio-video technology. Specifically:

Notaries in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness.
If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology.
All rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony — including the attestation of family law forms — that can be read to limit or prohibit the use of audio-video communications equipment to administer oaths remotely or to witness the attestation of family law forms, are hereby suspended, and will remain suspended until March 27, unless extended.

Georgia Extends Driver’s License Expiration Dates

The Governor of Georgia announced an emergency measure extending the expiration dates of driver’s licenses and identification cards issued by the state Department of Driver Services (DDS) for 60 days. The measure covers such IDs that expire between March 23 and June 30.

According to the state’s announcement, “Notices will be mailed, and new cards will be printed and mailed directly to customers.” Last week, an extension was provided for approximately 36,000 customers age 60 and older with a valid license or ID with an expiration date from March through June 30, 2020.

Eligible types include ID cards, commercial (CDL) and non-commercial driver’s licenses, limited permits, driving permits, Medical Certifications and CDL endorsements.

Illinois Temporarily Approves RON

The Illinois Governor issued an executive order permitting remote online notarization as long as the Notary and signer are both physically located in the state at the time if the notarization, and the notarization “follows the guidance posted by the Illinois Secretary of State.” The executive order is in force as long as the Gubernatorial Disaster Proclamation is in force.

Here are key provisions of the executive order and guidance:

The remote notarial act must be done by two-way, real time audio-video communication that allows for direct interaction between the notary and the signer.
Signer must attest that they are physically in Illinois and state what they are signing.
The resolution of the audio-video connection must be of sufficient quality for the notary to properly examine the signer’s identification credentials.
A recording of the remote notarization must be retained by the notary for at least 3 years.
The signer must show the Notary each and every page of the document being signed. The signer also should initial each page to ensure that the document is complete.
The signer must fax or send by electronic means the signed document requiring notarization to the Notary no later than the day, and the Notary must send the completed notarized document back to the signer by fax or electronic means within 24 hours.

Notaries may use an electronic or remote notarization platform that meets industry standards and each of the requirements provided by the Governor’s Executive Order.

Iowa Temporarily Allows Remote Notarization

The Iowa Governor signed a proclamation that includes a provision temporarily suspending the requirement for signers to physically appear before the Notary as long as the signer is present in way that permits them see, hear and interact with the Notary by electronic means and that complies with section 6 of 2019 Iowa Acts chapter 44 (Senate File 475). This new law, which takes effect on July 1, allows Iowa Notaries to permanently perform remote online notarizations.

Maryland Extends Driver’s Licenses, Notary Commission Expiration Dates, Issues Emergency RON Guidelines

Maryland Governor Larry Hogan has issued an executive order extending the expiration date of driver’s licenses and active Notary commissions to 30 days after the state of emergency is rescinded.

Under this executive order, Notaries may accept a driver’s license that expired during the emergency period as proof of a signer’s identity until the 30^th day after the emergency is lifted. Maryland Notaries must track the duration of the coronavirus emergency orders in their state, because they will not be able to accept expired licenses as proof of identity after this grace period ends.

Because many state offices are currently closed due to the pandemic, the commission expiration date of all active Maryland Notaries has been extended until 30 days after the date the state of emergency is officially lifted to ensure Notaries will still be able to perform their duties for the duration of the current crisis.

Governor Hogan has also issued an emergency order temporarily waiving the in-person requirement for notarizing documents in Maryland and permitting remote online notarizations. In order to perform a remote notarization, Maryland Notaries must meet the following requirements:

The Notary must have a current Maryland commission in good standing.
The Notary must notify the Office of the Secretary of State of the Notary’s intent to use remote notarizations.
The Notary must identify the communications technology vendor they will use and confirm that the vendor allows you to, in real time, (1) view the remotely located individual and (2) compare for consistency the information and photos presented as identification credentials.
For each notarial act conducted remotely, the Notary must create and retain an audio-visual recording of the performance of the notarial act.
For each notarial act conducted remotely, the Notary must note on the notarial certificate and in the Notary log or journal that the notarial act was performed for a remotely located individual using communications technology.
Maryland Notaries may not charge more than $4 for each remote online notarial act using communication technology, which is the same fee that may be charged when performing an in person notarial act.

Maryland Notaries must use a technology platform specifically designed to facilitate RON. Services such as Skype or Facetime do not meet the technology requirements. A list of sample RON vendors can be found below, but please note this list is not all-inclusive and does not indicate an endorsement of any vendor by Maryland officials. Any RON technology provide chosen by the Notary must meet the requirements listed above:

Mississippi Issues Temporary RON Authorization Order

On April 6, Governor Tate Reeves signed an executive order temporarily authorizing Mississippi Notaries to perform notarizations for remotely located individuals. The executive order permits Notaries to use a RON platform to perform remote online notarizations or for paper documents to be mailed between the signer and Notary using a videoconference app.

Notaries must follow these steps when notarizing for a remotely located signer:

The signer must be identified through one or more of the following: (a) personal knowledge of the signer; (b) at least two different processes provided by a third party that identify the signer through a review of public or private data sources; (c) A government ID presented remotely through communication technology that includes the signer’s photograph and signature; (d) the oath or affirmation of a credible witness in the physical presence of the Notary or signer and who can communicate simultaneously with both by sight and sound electronically at the time of notarization. The credible witness must personally know the principal and be identified to the Notary using options (a) or (b) above.
The Notary must create an audiovisual recording of the notarization and retain the recording during the term of the Notary’s commission and renewals, unless state law requires otherwise or use an agent to create and store the recording.
The Notary must not have knowledge that the notarization requested by a signer located outside Mississippi is prohibited by the laws of the jurisdiction where the signer is located and the document itself must meet certain requirements, as specified.
For paper documents signed outside the Notary’s presence, the signing must be witnessed by the Notary using audiovisual communications technology, then physically mailed to the Notary for the Notary’s stamp and seal to be affixed. The official date of notarization is the date and time the Notary witnessed the signature being made via audiovisual communication.
When using a RON platform, the official date of notarization is the date and time the RON is performed.
In addition to the $5 per signature fee for each signature notarized, Mississippi Notaries my also charge an additional fee of $25 for any notarial act conducted when witnessing the signing of a document by a remotely located individual for the purpose of covering the cost of the remote online notarization platform.
A Notary who has witnessed the signing of an electronic document by a remotely located signer may certify that a tangible copy of the electronic document is a true and correct copy in order to facilitate recording. The Notary must confirm that the signature on the eDocument must (a) be capable of independent verification and protected against later changes or tampering; (b) the Notary must personally print or supervise the printing of the eDocument; and (c) the Notary must not make any changes to the eDocument other than adding the required “certificate of electronic document” form.

Missouri Allows RON For Signers Located Within State Only

Missouri has issued an executive order temporarily allowing notarizations to be performed using audiovisual technology, but only for signers located within the state, and under the following conditions:

The Notary must be physically located within the borders of Missouri, and state which county the Notary is located in on the Notary certificate.
The Notary must be registered as an Electronic Notary Public if video conferencing is used with electronic documents. If paper documents are used, the Notary does not need to register as an Electronic Notary.
Any document notarized using audiovisual communication must include a Notary certificate that states the signer appeared remotely pursuant to Executive Order 20-08.
The signer must display a valid photo ID to the Notary during the video conference if the person is not personally known to the Notary.
The signer must affirm that he or she is physically located in Missouri to the Notary during the video conference.
The audiovisual conference must be live, interactive audiovisual interaction that allows for observation and direct communication at the time of signing.
The Notary must record in the journal the exact time and software used to perform the notarization, along with any other required journal information, except the signature of the principal.
The document must be signed electronically with software approved by the Secretary of State.
When notarizing eDocuments, the Electronic Notary must affix an electronic Notary seal to the electronic document.
When notarizing paper documents, a paper or electronic copy of the signed document must be mailed or otherwise sent to the Notary within five business days.
For purposes of notarizing via video conference, physical presence requirements for testators, settlors, principals, witnesses, Notaries or other persons required for the execution of estate planning documents such as wills, trusts or powers of attorney are temporarily waived and satisfied if the necessary parties are present through a video conference.
If the document presented for notarization through video conference must be presented in a paper medium, the document satisfies the requirements of being an original document, and prima facie evidence, if the Notary prints the document and affixes an attestation stating that is a true and correct copy of the electronic document, states it was performed pursuant to Executive Order 20-08 and signs and affixes the Notary’s rubber stamp Notary seal.

New Hampshire Okays Emergency Remote Notarization

The New Hampshire Governor has issued Executive Order 2020-04 #11 permitting the state’s Notaries and all notarial officers to perform remote notarizations for the duration of the State of Emergency.

To perform a remote notarization:

The Notary and signer must be able to see and communicate with each other simultaneously.
The signer must be identified through either personal knowledge; 2 types of third-party identity verification systems; or a credible identifying witness.
An audio-visual record of the notarization is kept for as long as the Notary is commissioned.

For a complete list of provisions and requirements, review the Executive Order.

New Mexico Executive Order Allows Video Conferencing For Notarizations

New Mexico Governor Michelle Grisham issues an executive order allowing Notaries to temporarily provide notarizations on paper documents using video conference technology through June 20, 2020.

The signer must transmit a legible copy of the signed document to the Notary and any required witnesses by fax or electronic means, and if not personally known to the Notary, the signer must present satisfactory evidence of identity during the video conference.

Once the Notary has received a legible copy of the document, the Notary may notarize the document and transmit the notarized document back to the signer.

The Notary and signer must be in New Mexico during the notarization, and both must affirmatively state this during the video conference.

Governor Grisham expressly directs the Notary Commission Enforcement Unit not to bring any cases against Notaries who perform notarial acts in compliance with this order.

New York Remote Notarization Executive Order

New York Governor Andrew Cuomo issued an executive order allowing notarizations using audio-video technology in place of physical appearance under certain conditions. This option allows New York Notaries and signers to practice the necessary “social distancing” required to reduce risk of contracting COVID-19. The order is in effect through April 18, 2020.

To use audiovisual technology to communicate during the notarization, the Notary and signer must comply with the following requirements:

The person seeking the Notary’s services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference. The signer may not present ID prior to or after the notarization.
The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing).
The person must affirmatively represent that he or she is physically located in the State of New York.
The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed.
The Notary may notarize the transmitted copy of the document and transmit the same back to the person.
The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.

On March 31, the New York Department of State issued additional official guidelines for implementing Governor Cuomo’s remote notarization order, including the following:

Notaries must place the Notary’s commission expiration date and county where the Notary is commissioned on the document.
If the Notary and signer are in different counties, the Notary should indicate on the document the county where each person is located.
An electronic document sent to the Notary can be sent in any electronic format (e.g. PDF, JPEG, TIFF) provided it is a legible copy.
The Notary must print and sign the document in ink and may not use an electronic signature to notarize the document. However, the signer may use an electronic signature,provided the document can be signed electronically under the Electronic Signatures and Records Act (Article 3 of the State Technology Law). If the signer uses an electronic signature, the Notary must witness the electronic signature being applied to the document, as required under Executive Order 202.7.
If the Notary receives the original document within 30 days following a remote notarization, the Notary may perform a physical notarization again for the document using the original date of the remote notarization.
The Department of State recommends keeping a Notary log of each remote notarization.

North Dakota Issues Guidance For Remote Notarization

North Dakota law allows Notaries commissioned in the state to perform Remote Online Notarization (RON). The Secretary of State’s office issued guidance this week regarding what Notaries must do to begin performing RONs.

The Notary must provide the following information to the Secretary of State’s office:

Notice that the Notary will be performing notarial acts for remotely located individuals.
The name of the remote notarization service provider they will use for RON.

This information may be provided by e-mail to sosaccnot@nd.gov, by fax to (701) 328-0107, or by letter to North Dakota Secretary of State, 600 E Boulevard Avenue, Dept 108, Bismarck ND 58505-0500.

Here are some of the companies that provide RON solutions. (NOTE: This is not a complete list of providers, and the Secretary of State’s office does not endorse any provider. Nor does it require one be selected from the list.)

When selecting a RON solution provider, Notaries must make sure that the provider can and will comply with all North Dakota legal requirements because not all solutions do. For example, a provider may have technology that satisfies the personal appearance requirement using communication technology, but it may not record and retain the audiovisual recording for ten years as required by state law.

Any questions regarding RON may be emailed to sosaccnot@nd.gov.

Pennsylvania Permits RONs For Court Reporter-Notaries, Some Real Estate Transactions And Estate-Related Documents

The Pennsylvania Department of State announced the suspension of the requirement for Notaries who are court reporters/stenographers participating in criminal, civil and administrative proceedings to be physically present during the notarization. The suspension will continue for the duration of the state’s declared disaster emergency.

Current Pennsylvania law requires notarial acts, including electronic notarizations, to be done in the physical presence of the notary. The Pennsylvania Court Reporters Association has been substantially impacted by the COVID-19 virus.

The Pennsylvania Supreme Court also issued an order declaring a statewide judicial emergency. As a result, depositions, arbitrations, hearings and many other proceedings are being cancelled. However, they could be held via phone conference, videoconference or web deposition if a court reporter is able to participate remotely.

In addition, the Governor has approved a waiver temporarily suspending the personal appearance requirement in current state law to allow Notaries to carry out their duties remotely for the following real estate transactions:

Personal real estate transactions that were already in process when the disaster emergency was declared. For example, an agreement of sale had been completed for the residential property and only the closing for the transaction remained.
All commercial real estate transactions, including those already in process as well as new transactions.

All Notaries who want to use audio-visual technology as an alternative to personal appearance must:

Become an approved Pennsylvania electronic notary by submitting a free application.
Use an e-notary solution already approved by the Department that offers remote notarization technology.
Indicate in the notary certificate that the notarial act was performed by means of communication technology. The following statement will satisfy that requirement: “This notarial act involved the use of communication technology.”

RON providers approved by the Department:

DocVerify (for general use)
Safe-Docs (for general use)
Pavaso (for title companies and other real-estate transactions)

Notaries must execute all notarial acts in accordance with all other requirements of state law.

On April 2, the Pennsylvania Department of State announced that is permitting some estate-related documents to be notarized using remote notarization.

Notaries may use audiovisual communication technology as an alternative to personal appearance when notarizing the following documents:

Powers of attorney
Self-executing wills
Temporary guardianships
Advance healthcare directives and healthcare powers of attorney
Living wills
Standby temporary guardianships

Any Notary who uses audiovisual technology when notarizing these documents must first become an approved Pennsylvania electronic Notary and use an eNotary solution approved by the Department of State that offers remote technology (see above).

Notaries must follow all other requirements of the Revised Uniform Law on Notarial Acts (RULONA) and any amendments to the RULONA as introduced in the Pennsylvania General Assembly. These include multi-factor identity verification, use of tamper-evident technology and creating and maintaining an audio-video recording of the notarial act.

Rhode Island Permits Remote Notarization During COVID-19 Emergency

Rhode Island has published temporary remote notarization standards during the COVID-19 emergency in its Standards of Conduct for Notaries Public in Rhode Island and Providence Plantations. The standards permit Rhode Island Notaries to perform remote notarizations under the following conditions:

The Notary must register with the Rhode Island Department of State, providing information about the RON technology provider that will be used and an example of the Notary’s electronic signature and stamp.
The Notary and signer must communicate simultaneously via sight and sound through an electronic process at the time of notarization.
The Notary must identify the remotely located signer by one or more of the following methods: (a) Two types of identity proofing; (b) oath or affirmation of a credible witness either in the physical presence of the Notary or signer, or who is able to communicate with the Notary and signer remotely by sight or sound electronically at the time of notarization; or (c) personal knowledge.
Any credible witness who identifies a signer must be personally known to the signer and either personally known to the Notary or identified by two forms of identity proofing.
The Notary must create an audiovisual recording of the notarization and retain the recording personally or through a designated repository for at least 10 years unless state law requires otherwise.
The documents for remote notarizations for signers outside the borders of Rhode Island must either (a) relate to a document for a court, government entity, public official or other U.S. entity or (b) involve property located in the United States or a transaction substantially connected to the United States. In addition the Notary must not have knowledge that the act of signing or making the statement notarized is prohibited in the jurisdiction where the signer is located.
After a remote notarization, the signer must mail the signed copy of the document to the Notary for the Notary to complete a notarial certificate with the Notary’s signature and official seal. The official date and time of the remote notarization is the date and time the Notary witnessed the signature via electronic communication.

Texas ‘Revises’ Signer ID Requirements

Texas Department of Public Safety announced that it is extending the expiration date of Texas identification cards, driver’s licenses, commercial driver’s licenses, commercial license permits or election identification certificates for the duration of the Governor’s declaration of State Disaster plus 60 days after the Department issues public notice that the extension period for this disaster declaration has been lifted. This applies to the above identification documents set to expire on or after March 13, 2020.

In other words, any of these ID documents with expiration dates of March 13, 2020, or later are still considered valid and current for 60 days after the State of Disaster is lifted.

For example, if the disaster declaration is lifted on April 20, a driver’s license with a March 25, 2020, expiration date would still be considered valid until June 19. Because Texas Notaries may only a current, state or federal government-issued identification document as proof of identity, this card would be acceptable until June 19.

Here are some steps to follow when accepting an ID covered under the Department of Public Safety’s order:

Confirm the expiration and not the issuance date on the ID. A Texas driver license and identification card shows both. The issuance date appears in black and the expiration date opposite it in red.
Keep apprised of the status of the disaster declaration of State Disaster and watch for the Department’s further public notice that normal operations have resumed.
Do not apply the Department’s extension to any other ID not mentioned in the public notice.
Note in the journal entry that the ID presented was extended by the Department of Public Safety’s March 18, 2020 public notification.

Vermont Permits Remote Notarization Of Paper Documents

Vermont enacted a law in 2018 authorizing remote online notarization. However, the law did not allow remote online notarizations to be performed until the Secretary of State published rules to implement the new law.

The Vermont Secretary of State issued an emergency administrative rules permitting signers and Notaries to satisfy the personal appearance requirement via a secure communication link. However, the emergency rules only apply to paper documents and “do not permit electronic notarization or remote online notarization of electronic documents.”

In order to perform a notarization in this manner:

The signer must be in Vermont.
The Notary must verify the signer’s identity either through personal knowledge, a credible witness or 2 different types if identification presented by the signer.
The notarization must be “performed on a tangible (paper) record” either sent to the Notary in its original paper form or transmitted electronically and printed out by the Notary.
The notarial certificate must be hand-written, imprinted by a stamp or embosser, or both on the document.
The Notary — or a person acting on their behalf — a must create an audio-visual recording of the notarization and retain it for at least 7 years.

For a complete set of requirements, review the rules on the Secretary’s website, which also includes COVID-19 guidance.

Washington State Temporarily Makes RON Law Effective

The Washington Governor issued a Proclamation regarding the delayed effective date of Senate Bill 5641, which authorized notarial acts to be performed for remotely located individuals. The new law was supposed to take effect on October 1, 2020, but the emergency Proclamation makes the new law effective temporarily from March 27, 2020, through midnight of April 26, 2020.

The Director of Licensing has not yet adopted rules for remote notarization. As soon as permanent or emergency rules are published, we will update this article.

West Virginia Suspends Personal Appearance Requirements, Allows Remote Notary Communication

West Virginia has issued an executive order suspending the personal appearance requirement for notarizations during the COVID-19 emergency and any future similar emergency, and the state has published guidelines for Notaries to communicate with signers using remote communication.

Under emergency rules issued by the Secretary of State, West Virginia Notaries must follow these guidelines when notarizing without personal appearance:

The Notary and signer must be able to communicate simultaneously by sight and sound through an electronic device, technology or process at the time of notarization.
The Notary must identify the signer through one or more of the following: (a) personal knowledge of the signer; (b) at least one current document or record including the signer’s photograph, name and signature, such as a driver’s license or passport; (c) at least 2 different processes or services provided by a third party to verify the signer’s identity through a review of public or private data sources; (d) the oath or affirmation of a credible witness in the physical presence of either the Notary or signer who can communicate with both simultaneously through an electronic device or process at the time of notarization. The credible witness must have personal knowledge of the signer and the witness must be reasonably identified by the Notary using options (a) or (b) above.
The Notary or an agent directed by a Notary, must create and maintain an audio and visual recording of the signing and notarization for the duration of the Notary’s commission and any renewals, unless a new West Virginia law changes this requirement.
If the signer is located outside the borders of West Virginia, the following additional requirements must be met: (a) The Notary must be commissioned as an Out-of-State Commissioner under W. Va. Code § 39-4A-1; (b) The Notary must not have knowledge that the act of making the statement or signing the record is prohibited by the laws of the jurisdiction in which the signer is physically located; (c) The record must be intended for filing with or relate to a matter before a court, governmental entity, public official, or other entity subject to the jurisdiction of West Virginia; or involve property located in the territorial jurisdiction of West Virginia or a transaction substantially connected to the State of West Virginia; or must be otherwise permitted by West Virginian law to be notarized outside the state of West Virginia.
After being identified by the Notary, the signer must mail the signed copy of the documents to the Notary for certification and execution with the Notary’s signature and official stamp or seal. The official date and time of the notarization is the date and time when the Notary witnessed the signature using the technology or process used to communicate with the signer.

Wisconsin Designates Remote Notarization Providers

Wisconsin enacted Assembly Bill 293 on March 5 authorizing Notaries in the state to perform remote online notarizations. The law is set, which goes into effect on May 1, also gives the state Department of Financial Institutions authority to make emergency regulations to implement its provisions.

The Department of Financial Institutions last week issued emergency guidance immediately authorizing remote notarization in the state.

The Department has approved 5 remote notarization service providers: Notarize.com and NotaryCam, which provide remote notary services to the general public; and Pavaso, DocVerify or Nexsys, which provide them for title companies and other real-estate transactions.

Notaries who wish to perform remote notarizations need to go one of these providers and take their training to use their platforms. Once the Notary completes the training with one of the approved providers, the provider will inform the Department, and the Notary can begin performing remote online notarizations using the provider’s platform.

Wyoming Issues Emergency RON Guidelines

The Wyoming Secretary of State’s office has issued temporary RON guidelines allowing Notaries to perform remote online notarizations until July 1, 2020 or the Governor lifts the current state of emergency, whichever comes first.

Wyoming Notaries must complete training from an approved RON provider from the list provided in the guidelines and submit a RON Notice of Intent form to the Secretary of State’s office in order to perform remote online notarizations.

This article will be updated as other states issue guidance.

Congress Considering Remote Notarization Bill

U.S. Senators Mark Warner (D-VA) and Kevin Cramer (R-ND) have introduced the “Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020” that would authorize remote online notarizations nationwide.

The Notary Bulletin is following the bill and will update our community with any important developments.

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