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Jason Gabbard
Founder of justLaw
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JUSTLAW’s 50-state survey of E-Notary laws

As more individuals and companies are forced to work remotely due to the COVID-19 pandemic, multiple federal and state governments are working to enable fully electronic processes to keep businesses operating. At JUSTLAW, our top attorneys we’ve been working hard to make sure our customers are fully operational, but also safe. 

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The Secure Notarization Act

On March 18, 2020, Senate Bill 3533, the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020 (the “SECURE Notarization Act”), was introduced as bipartisan legislation to authorize and establish minimum standards for electronic and remote notarizations that occur in or affect interstate commerce. This legislation would authorize every notary in the US to perform remote online notarizations (RON). Unless and until it is adopted into law, some federal agencies and multiple states are enacting various independent measures. Eg, the IRS issued Notice 2020-42 allowing retirement plan participants or beneficiaries during the year 2020 to satisfy the witnessing requirements for certain participant elections through use of remote notarization, including the spousal consent required under § 417 of the Internal Revenue Code. 

At a state level, there are currently 29 states that have enacted some form of RON law: Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming. [as of 2/11/21].

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The rudiments of each state’s RON law are to:

  • Allow notarial acts to be completed using audio-video communication, including acts where the signer is located outside the state in which the notary is authorized to operate;
  • Require that the notary authenticate the person signing; and
  • Require recording of the audio-video communication.

 

Each state’s laws may vary as to authentication, record-keeping and retention periods.

The chart set forth below reviews each state and any RON law and/or emergency order enacted in such state supporting any form of remote notarization:

RON & Emergency Order Status – 50 States

State Permanent RON Emergency Order Notes
Alabama Y  

 

Alaska Y  

 

Arizona Y  

 

Arkansas Y The notary and the signer are both physically located in Arkansas at the time of signing, among other conditions.

 

California X X Secretary of state advocates “mobile notaries”.

 

Colorado X X  

 

Connecticut Y Persons physically located in CT.

 

Delaware Through end of June 2021.

 

DC X Y Awaiting guidance from Mayor’s office.

 

Florida Y Florida enacted RON effective January 1, with the execution of wills and estate planning documents using RON effective July 1.

 

Georgia Y  

 

Hawaii Y  

 

Idaho Y  

 

Indiana Y  

 

Illinois Y  

 

Iowa Y Iowa notaries must register with the secretary of state and utilize one of a limited number of vendors in order to perform the act.

 

Kansas Y  

 

Kentucky Y  

 

Louisiana Y Terminates upon the earlier enactment of the federal SECURE Notarization Act or February 1, 2022.

 

Maine Y  

 

Maryland Y  

 

Massachusetts Y  

 

Michigan Y Through July 1, 2021.

 

Minnesota Y Automatically expires January 6, 2021.

 

Mississippi Y During the pandemic and for 14 days after.

 

Missouri Y  

 

Montana Y  

 

Nebraska Y  

 

Nevada Y  

 

New Hampshire Y Ends when the declaration of emergency ends.

 

New Jersey Y For the duration of the pandemic.

 

New Mexico Y  

 

New York Y  

 

North Carolina X X Emergency measures were set to expire 3/1/21.

 

North Dakota Y  

 

Ohio Y  

 

Oklahoma Y  

 

Oregon Y Through June 2021.

 

Pennsylvania Y  

 

Rhode Island Y  

 

South Carolina X X  

 

South Dakota Y Enables the use of communication technology only “if the notarial officer: … affixes the notarial officer’s signature to the original tangible document executed by the [principal]” and only if the notary personally knows the principal.

 

Tennessee Y Y  

 

Texas Y Y  

 

Utah Y  

 

Virginia Y  

 

Vermont Y RON adopted but not yet implemented by the secretary of state. Current measures enable the witnessing of a power of attorney and filed in land records and enacted SB316 the same day to enable execution of self-proving wills using remote notarization.

 

Washington Y  

 

West Virginia Y  

 

Wisconsin Y  

 

Wyoming Y Through July 1, 2021.

 

*Current as of March 1, 2021. Please contact your friends at JUSTLAW for the most current information.*

To learn more and keep current on the status of remote online notarization across the US, please contact:

JUSTLAW Client Services, hello@127.0.0.1

This post is not legal advice. It is for general informational purposes only. No reader should rely on this information in any way whatsoever without first seeking legal advice from counsel in the relevant jurisdiction.

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