Remote Online Notary (RON) Update
At Liveoak, we are seeing quite an uptick in search activity and inquiries on the subject of RON – Remote Online Notary. Our previously published update on Remote Online Notary includes legislative information and updates; however, with the Covid-19 developments unfolding, states have put emergency measures in place as it relates to remote notary.
In addition, 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.
Here are the recent updates for states that have initiated executive orders for RON:
Under a Colorado executive order effective March 27, the physical presence requirement for notarizations in Colorado has been suspended and the Secretary of State has been authorized to issue temporary emergency rules for remote online notarization through at least April 27, 2020.
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.
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.
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 of 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.
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.
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.
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.
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 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.
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.
Source and additional information: https://www.nationalnotary.org/notary-bulletin/blog/2020/03/states-emergency-action-remote-notarization