Temporary Notary Procedures During COVID-19 Pandemic: State Emergency Orders/Guidance
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The summaries provided below are general in nature. Carefully review the full terms and requirements detailed in each document of interest to you. To view each official document (order, proclamation, etc.) click on the dark blue, underlined text in each summary. These orders establish temporary procedures or measures; please consult each for information on when its terms will expire or be lifted. There is no available tracking mechanism for these executive orders, so please be aware that there may be others in addition to those listed here. |
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Alabama: Notarization By Use of Videoconference Technology Authorizes all Alabama Notaries to perform videoconference notarizations for remotely located principal signers. (The earlier Proclamation limited this authority to Alabama Attorney-Notaries and Notaries under the supervision of an Alabama attorney.) Permits an Alabama Notary Public to use videoconferencing technology (“programs”) to notarize signatures and confirm the signatures of witnesses, provided that the Notary maintains a recording of the audio-visual communication for a period of five years following the date of the recording as noted in the Notary’s “logbook” (recordbook, journal). Establishes that any person who witnesses a document through videoconference technology may be considered an “in person” witness, provided that the witness’ presence and identity are validated by the Notary at the time of signing. Witnesses shall be identified using the same methods of identification the Notary uses under current law to identify principal signers. Establishes that the official date and time of notarization shall be the date and time when the Notary witnesses the signature by videoconference technology. Requires all documents to be returned to the Notary for certification and execution (completion of the notarial certificate). Establishes the validity of notarizations previously performed under Section III of the Governor’s Supplemental Proclamation dated March 26, 2020. Alabama: Governor's Proclamation on Videoconferencing Overview:
The following procedures and recommendations are ultimately subject to the directives of the supervising attorney.
Additional Recommendations
Notary records:
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Alaska: Senate Bill 241; Temporary Authorization for Execution or Witnessing of Wills by Videoconferencing (Including Notarization) Allows wills to be signed or witnessed by use of videoconferencing, subject to specified requirements. Authorizes an Alaska Notary Public to perform a notarial act for the execution of a will by use of videoconferencing. (Generally, a self-proved will affidavit.) |
Arizona: Executive Order, Remote Online Notarization |
Arkansas: Executive Order 20-14 Re: In-Person Witnessing and Notarization of Legal Documents Executive Order 20-14 amends Executive Order 20-12 by expanding the pool of Notaries authorized to perform notarizations for remotely located individuals who are present via real-time audio and visual means. Under Executive Order 20-14, notarizations using real-time audio-visual communication means may be performed only by Notaries Public who are (amendments to earlier EO 20-12 are underlined):
For only the Arkansas Notaries Public authorized by the Executive Order as noted above, the order:
The order also establishes that for purposes of or pursuant to the order:
Arkansas: Executive Order (EO 20-12) Re: In-Person Witnessing and Notarization of Legal Documents This order suspends certain provisions of Arkansas’ Notary Public law, to enable notarizations using real-time audio-visual communication means to be performed only by specified Notaries Public. NOTE: Please see the summary for Executive Order 20-14 above, which amended Executive Order 20-12. |
California: Governor's Executive Order Extending Notary Commissions and Addressing Satisfactory ID Documents
California: Secretary of State Guidance on Extended Commission Terms Addresses the effect of the Executive Order (above) with regard to extended commission terms. Clarifies that:
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Colorado: Extending EO D 2020 019 Concerning Temporary Suspension of the Personal Appearance Requirement for Notarization Extends Executive Order D 2020019 until April 30, 2020 (unless extended further by Executive Order). Colorado: Executive Order, Temporary Suspension of Personal Appearance Requirement Temporarily suspends the requirement of Colorado law (C.R.S. §24-21-506) that an individual (principal) making a statement or signing a document must appear personally (physically) before a notarial officer including a Notary Public. Clarifies that this temporary suspension does not apply to any notarial act required under Colorado’s elections laws (Title 1, Colorado Revised Statutes). Authorizes the Secretary of State, consistent with rulemaking authority under C.R.S. §24-21-527(1)(a)-(f), to issue temporary emergency rules to: authorize notarial officers to perform notarizations for persons appearing remotely, by real-time audio-video communication; and establish standards and processes to allow remote notarizations, including rules regarding authentication, verification of identity, and audio-video recording. Clarifies that nothing in the Executive Order affects the rights or duties of parties to existing contracts of insurance or other private contracts that may require or anticipate in-person (physical presence) notarization of documents, nor does the Order preclude the parties to any such contract from waiving or modifying any provision in it. Colorado: Emergency Notary Rules, Remote Notarization (Rule 5) These temporary administrative rules establish minimum standards for performance of remote notarizations, following the Executive Order’s suspension of the statutory requirement for personal appearance before a notarial officer.
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Connecticut: Governor’s Executive Order, Remote Notarization Authorization Updated March 30, 2020 Effective for the duration of the public health and civil preparedness emergency, unless earlier modified or terminated by the Governor. https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7Q.pdf Effective immediately and through June 23, 2020, a Connecticut Notary Public or Commissioner of the Superior Court may perform any notarial act required under Connecticut law using an electronic device or process allowing the Notary and a remotely located individual to communicate with each other simultaneously by sight and sound (“communication technology”). These temporary remote notarizations are subject to conditions specified in the Order:
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Delaware: Temporary Authorization of Remote Notarization (Delaware Attorney-Notaries Only) This order is the Eleventh Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat. It temporarily authorizes Delaware Attorney-Notaries (only) to perform remote notarizations. |
District of Columbia: Temporary Authorization of Remote Notarization, Electronic Witnessing (see Sections 23 and 24, and Page 22) |
Florida: Supreme Court Order, Court Reporters and Remote Oaths Initial order issued March 18, 2020. Updated order(s) issued April 6, 2020 and subsequent dates. In effect until "In re: COVID-19 Public Health and Safety Precautions for Operational Phase Transitions," Florida Administrative Order No. AOSC20-32 as amended, is terminated or as may be provided by subsequent order. Authorizes Notaries and other persons qualified to administer an oath in Florida to swear-in a witness, who is remotely located within Florida, by use of audio-video communication technology. The Notary (and other qualified persons) must be able to positively identify the witness. Also authorizes Notaries and other persons qualified to administer an oath in Florida to swear-in new attorneys to The Florida Bar remotely, by audio-video communication technology from a location within the State of Florida, provided the Notary or other qualified person can positively identify the new attorney. Provides that "positively identify" means that the Notary or other qualified person can "both see and hear the witness or new attorney via audio-video communications equipment for purposes of readily identifying the witness or new attorney." Suspends 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 (and provides when this suspension would end). |
Georgia: Supreme Court Order, Video-Conference Closings of Real Estate Documents (Attorneys) Georgia: Executive Order 04.09.20.01, Temporarily Allowing Remote Notarization and Attestations Georgia: State Bar of Georgia's Suggested Practices and FAQs, Remote Notarizations and Attestations Performed Under Executive Order Georgia: Governor's Executive Order, Expiration Dates Extended for Driver's Licenses & ID Cards |
Hawaii: Executive Order, Temporary Suspension of Physical Presence Requirement and Adopting Rules Relating to Notaries Public
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Illinois: Executive Order 2020-14, Remote Notarization by Audio-Video Communication Technology (Amended and Extended) The following provisions of extended Executive Order 2020-14 are amended, as follows: Illinois: Secretary of State’s Guidance for Remote Notaries and Consumers Illinois: Continuation and Extension of EO 2020-14 (Amends/Revises Sec. 2, Paragraphs (h) and (i))
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Indiana: Executive Order 20-05, Extended Deadlines for Driver’s License or ID Card Renewals Directs the Bureau of Motor Vehicles (BMV) to extend deadlines for renewal of Indiana driver’s license or identification cards and other BMV documents by suspending the imposition of renewal late fees. (See summary of Indiana Executive Order 20-09, below.) Indiana: Executive Order 20-09, Extension of Expiration Dates (State Agency-Issued Licenses, Certifications or Permits) Automatically extends to May 22, 2020 the expiration of any state agency-issued license, certification or permit which has expired—or is set to expire—during the state’s declared public health emergency. (ASN has asked whether this expiration date extension applies to Indiana Notary Public commissions; check here for updates.) This order also clarifies that state-issued credentials including identification cards and driver’s licenses will continue to be extended under the terms of Executive Order 20-05. |
Iowa: Extensions of Proclamation Temporarily Suspending Statutory Requirement for Personal (Physical) Appearance Iowa: Proclamation Temporarily Suspending Statutory Requirement for Personal (Physical) Appearance
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Kansas: Executive Order, Temporary Remote Notarization Using Audio-Video Communication Technology Effective April 9, 2020 Provisions of this order are extended by subsequent Executive Order until rescinded, until June 13, 2020, or until the statewide State of Disaster Emergency proclaimed on May 26, 2020 expires, whichever is earlier. https://governor.kansas.gov/wp-content/uploads/2020/04/EO-20-20-Executed.pdf Temporarily suspends Kansas’ requirement (K.S.A. 53-503 and any related statutes) that a person must physically appear before a Notary Public. Establishes that the requirement of appearance before a Notary Public is satisfied through use of two-way audio-video communication technology, provided that:
The Order also establishes that any act of witnessing required by Kansas law may be completed remotely by use of two-way audio-video communication technology; provides detailed conditions for such witnessing; and addresses the possible participation of a Notary Public to “certify to the appearance of the witness(es).” For a remote witnessing the signatory (individual signing the document) and the witness must attest to being physically located in Kansas during the two-way audio-video communication. If a Notary Public is asked to certify to the appearance of the witness(es) to a document, multiple-way audio-video communication technology must allow for direct, contemporaneous communication between the Notary Public, the signatory and the witness by sight and sound. The Notary must be presented with a fax or electronic copy of the document signature pages showing the witness signatures, on the same date the document is signed by the signatory. (Please review the Order for the full list of conditions related to remote witnessing by use of two-way audio-video communication technology.) This Order also explicitly states that all provisions of Article 16 of Chapter 16 of Kansas Statutes Annotated, concerning electronic transactions and electronic notarization, remain in full effect. (ASN is attempting to clarify whether this means that electronic notarial acts performed by a Kansas eNotary must continue to be performed with the principal physically present.) At this time, the Secretary of State has not issued additional guidance for the notarial procedures authorized by the Executive Order. We will update this posting if such guidance is issued. |
Kentucky: Senate Bill 150 - Emergency COVID-19 Relief Measures
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Louisiana: Proclamation, Temporary Remote Notarization (March 26, 2020) https://gov.louisiana.gov/assets/Proclamations/2020/modified/41-JBE-2020-Public-Health-Emergency.pdf |
Maine: Executive Order Temporarily Modifying In-Person and Acknowledgment Requirements |
Maryland: Executive Order Authorizing Remote Notarizations Maryland: Updated Secretary of State Guidance, In-Person Notarization Requirement Waiver |
Massachusetts: Senate Bill 2645, Emergency/Temporary Authorization of Remote Notarization |
Michigan: Executive Order 2020-131 Encouraging Use of Electronic Signatures and Remote Notarization, Witnessing and Visitation
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Mississippi: Executive Order Temporarily Authorizing Remote Notarizations Mississippi: Secretary of State's Remote Notarization Executive Order Guidance |
Missouri: Executive Order 20-08, Notarizations Using Audio-Video Technology The Order temporarily suspends the requirement that an individual (principal) must personally (physically) appear before a Notary Public for performance of a notarial act. It authorizes notarial acts to be performed utilizing audio-video technology, provided the following conditions are met (whether the notarization is performed on an electronic or paper document):
If the document notarized by audio-video technology is electronic:
If the document notarized by audio-video technology is paper:
The Order also establishes:
Finally, the Order provides that the Secretary of State shall retain powers provided by law to investigate and adjudicate any Notary complaint related to the methods of notarization performed under the Executive Order. Missouri: Secretary of State's Executive Order 20-08 Guidance |
Montana: Temporary Emergency Rule Revising Official Stamp Requirements for a Notary Public Authorized to Perform Remote or Remote Online Notarizations |
Nebraska: Governor’s Executive Order to Implement the Online Notary Public Act Governor Pete Ricketts waived the delayed (July 1, 2020) effective date provision of Nebraska’s Online Notary Public Act, and ordered the Secretary of State to “immediately commence implementation of the Act.”
The Nebraska Secretary of State has adopted emergency rules effective April 2, 2020 to immediately implement Nebraska’s Online Notary Public Act, Neb. Rev. Stat. §§64-401 through 64-418. The emergency rules temporarily lift some requirements of law (for example, under the rule an Online Notary Public applicant need not take an approved course as a condition of registration, but still must take the course within 30 days of being notified by the Secretary of State that the course is available). Definitions Online Notary Qualifications, Registration
Online Notary Training, Exam A minimum 85% score is required to pass the exam. If an applicant fails the exam, his or her Online Notary registration will be denied and the applicant must wait 30 days to reapply for registration, including submitting a new Online Notary Public registration application, paying the registration fee, taking the training course again and passing the exam. An applicant who fails the examination three times will be considered incompetent to be registered as an Online Notary Public and ineligible to take the exam again. Online Notary Registration Renewal Required Actions, End of Online Notary’s Registration Removal of Registration Location of Online Notary Public Online Notary’s Electronic Signature, Seal
Additionally, an Online Notary Public’s electronic signature must be attached to or logically associated with the document, linking the data such that any alterations to the document or Online Notary’s notarial certificate made after the Online Notary has signed the certificate are visually observable. An image of the Online Notary’s handwritten signature and seal must appear on any visual or printed representation of the online notarial certificate regardless of the technology used to affix the Online Notary’s electronic signature and seal. The appearance of the Online Notary’s seal on the electronic document must replicate the appearance of the Notary’s inked seal on paper. The Online Notary seal image must contain a border, inside of which must appear the Online Notary Public’s name exactly as commissioned, identifying number and commission expiration date, as well as the words, “Online Notary Public” and “Nebraska.” An Online Notary cannot obtain an Online Notary seal or electronic signature from an Online Notary solution provider unless the provider has already been approved by the Secretary of State. Security of Online Notary’s Electronic Signature, Seal Neither an Online Notary Public’s employer nor any of the employer’s employees or agents may use or permit use of an Online Notary seal or electronic signature by anyone other than the Online Notary Public to whom they are registered. An Online Notary Public must, pursuant to Neb. Rev. Stat. §64-410 and provisions of this Emergency Rule, immediately (upon discovery) report in writing to the Secretary of State the theft or vandalism of the Online Notary’s electronic signature, Online Notary seal, or electronic record (journal), including the backup record. [The administrative rule provides a 10-day period for notification, but the statute requires immediate notification.] Failure to comply with this requirement may result in removal of the Notary’s registration to act as an Online Notary Public. Records of Online Notarizations (Secure Electronic Recordkeeping Required by Neb. Rev. Stat. §64-409) Additional Online Notarization Procedures Online Notary Solution Providers, Online Notarization Systems The rule establishes minimum performance standards for the communication technology, credential analysis and identity proofing functions provided by an Online Notary solution provider. Online Notaries must notify the Secretary of State within 45 days after any change relative to Online Notary Systems or approved Online Notary solution providers. The rule specifies that an Online Notary’s new approved Online Notary solution provider—not the Online Notary—must submit an exemplary of the Online Notary’s new electronic signature and Online Notary seal to the Secretary Approved Online Notary solution providers must notify the Secretary of any updates or subsequent versions of the provider’s online notarization system, within 45 days before making such updates or subsequent versions available to Nebraska Online Notaries. The updates to or subsequent versions of an approved provider’s online notarization system must meet all approval requirements, or the Secretary may remove the provider’s Approved Online Notary Solution Provider designation. |
New Hampshire: Emergency Order, Temporary Authority to Perform Remote Online Notarization |
New Jersey: Assembly Bill 3903, Emergency/Temporary Authorization of Remote Notarization New Jersey: Division of Revenue's Guidance, Remote Notarial Acts Under AB 3903 |
New Mexico: Executive Order Temporarily Permitting Notarial Acts Through Audio-Visual Technology New Mexico: Secretary of State's Executive Order 2020-015 Guidance |
New York: Executive Order, Continuing Temporary Suspension/Modification of Notary Law Requiring Physical Presence (EO 202.7)
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North Carolina: Temporary, Emergency Video Notarization Authorization (see Part IV, Continuity of State Government/Regulatory Relief - Emergency Video Notarization)
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North Dakota: Secretary of State Guidance on Remote Online Notarization |
Pennsylvania: Senate Bill 841, COVID-19 Disaster Emergency Bill -- Temporary Remote Notarization Pennsylvania: Secretary of State's Guidance on Senate Bill 841, "Temporary Remote Notarization" Pennsylvania: Temporary Suspension of the In-Person Requirement for Court Reporters
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Rhode Island: Updated Standards of Notary Conduct; Authority to Perform Secure Remote Online Notarization
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Tennessee: Executive Order No. 26 Facilitating Temporary Remote Notarization and Witnessing of Documents* *NOTE: Current Tennessee law authorizes duly commissioned Online Notaries Public to perform remote notarizations involving electronically signed, electronic documents. Under Executive Order 26 and subsequent revisions, any Tennessee Notary Public, including Online Notaries Public, may perform remote notarizations and witnessing of documents involving tangible (paper) documents, subject to conditions of the Order. • Permits remote notarization and witnessing, by suspending “any law” requiring a signatory (principal signer) to execute a document in the physical presence of, or while physically appearing before, a Notary Public or witness(es) subject to the following conditions (below). Also suspends “any law” requiring a witness or witnesses to witness a document’s execution in the physical presence of, or while physically appearing before, a Notary Public or another witness(es), subject to the following conditions. • Defines “document,” “signatory” and “witness(es).” • Requires a signatory’s (principal’s) execution of a document; witnessing by a witness or witnesses; and notarization by a Notary Public, as applicable,* to occur via real-time, audio and visual communication by which these parties can see and hear one another simultaneously. Acceptable audio and visual communication technologies include but are not limited to Skype, FaceTime, Zoom, WebEx and similar. • Requires the signatory, Notary Public and witness(es), as applicable, to each be physically located in Tennessee during the real-time audio and visual communication. • Requires the Notary Public and any witness(es), through use of the real-time audio and visual communication at the time that document execution occurs, to verify the identity of the signatory by personal knowledge or by government-issued identification. • Requires the signatory and any witness(es), during the real-time audio and visual communication session, to affirmatively identify (state the name/nature of) the document being executed and (if applicable) witnessed. • Requires the document’s execution and any act of witnessing to be captured sufficiently close (well, clearly) on the real-time audio and visual communication for the Notary Public and any witness(es) to observe such. • Requires the document to include a provision stating that it was executed in compliance with, as applicable, Executive Order No. 26 by Tennessee Governor Bill Lee, dated April 9, 2020; Executive Order No. 37 by Tennessee Governor Bill Lee, dated May 12, 2020; and/or Executive Order No. 52 by Tennessee Governor Bill Lee, dated June 29, 2020. • Requires the execution, witnessing or notarization of the document (as applicable) to be memorialized by at least one of these methods: • Suspends provisions and requirements of Tennessee’s Online Notary Public Act as necessary to allow a (traditional) Notary Public to remotely notarize documents in accordance with the Executive Order. Establishes that nothing in the Order prevents a commissioned Tennessee Online Notary Public from electing to notarize a document under the provisions of the Online Notary Public Act.* Clarifies that compliance with the Online Notary Public Act continues to have full force and effect under law. • Addresses suspension of laws that would limit application of the Executive Order; and establishes that the Order’s provisions are severable in the event of any finding that a provision of the Order is held invalid. • Suspends provisions of Tennessee law (Section 8-16-103) to the extent necessary to delay expiration of the commission terms of Notaries Public and Online Notaries Public. Tennessee: Executive Order Extending Notary Commissions |
Texas: Governor’s Executive Order, Appearance Before a (Traditional) Notary Public by Videoconference Technology, Specified Document Types Only PLEASE NOTE: The permissions granted under the Governor’s Executive Order apply only if the notarization is for a self-proved will, a durable power of attorney, a medical power of attorney, a directive to physician, or an oath of an executor, administrator or guardian. Notaries asked to officiate as provided in the Executive Order must carefully assess whether the document to be notarized is any of those listed above. By Executive Order, Governor Greg Abbott has suspended Texas statutes requiring physical appearance of a “signing person” (document signer) before a Traditional Notary Public, if the document requiring notarization is a self-proved will, a durable power of attorney, a medical power of attorney, a directive to physician, or an oath of an executor, administrator or guardian. This means that while the Executive Order is in effect, a Texas Notary who is not also commissioned as a Texas Online Notary Public may use videoconference technology to interact with a signing person who is not physically present, if the notarization is for one of the specified document types. Absent any clarification to the contrary, performance of notarial acts under the Governor’s Executive Order requires both the Notary Public and the signing person to be physically located in Texas at the time of notarization. (American Society of Notaries recommends that the Notary Public obtain the signing person’s affirmative statement that he or she is physically located in Texas.) The Order specifies that for a (Traditional) Notary to officiate using videoconference technology, the following conditions must be met:
Finally, the Executive Order states, “Documents executed while this suspension is in effect, and in accordance with its terms, will remain valid after the termination of this suspension.” |
Texas: Governor's Temporary Suspension of Appearance Before a Notary Public for Acknowledgment of Real-Estate Instruments; Authorization to Use Audio-Video Communication
Effective April 27, 2020
Remains in effect until the earlier of June 30, 2020 or termination of the March 13, 2020 disaster declaration.
https://www.sos.state.tx.us/statdoc/notary-public.shtml
As permitted by Texas law (Tex. Gov't Code §418.016) and only for purposes of acknowledging real-estate instruments, the Office of the Governor has temporarily suspended Tex. Civil Practice and Remedies Code Sec. 121.006(c)(1) to enable a signatory (principal signer) to appear before a Texas Notary Public by use of videoconferencing.
Under this suspension, any Texas Notary Public may use videoconferencing technology to perform an acknowledgment notarial act for a remotely located signatory who is executing a tangible (paper) real-estate document. Were it not for this suspension, remote notarization could only be performed by a commissioned Online Notary Public, involving execution of an electronic document.* The suspension does not prevent a traditional (physical-presence) notarization; or an online notarization performed by a commissioned Online Notary Public.
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*NOTE: As with any notarial act, a Notary Public officiating under this suspension must perform the customary formalities of notarization. He/she should examine the document (ask the signatory to hold it up to the web camera for inspection); review the notarial certificate to learn which notarial act is required; identify the signatory (discussed below); observe the signatory’s act of signing and administer the verbal ceremony; and complete the notarial certificate (discussed below). The customary recordbook entry must be created. Notarizations performed under this suspension are subject to additional requirements, discussed below.
Notarizations performed under this suspension are subject to the following conditions.
- A Notary Public must use two-way audio-video communication technology that allows for direct and contemporaneous interaction, by sight and sound, between a person signing a document and the Notary Public.
- A Notary Public must verify the identity of a signatory at the time the signature is taken by using two-way audio-video communication technology. The Notary Public may verify identity by:
- personal knowledge of the signatory;
- analysis based on the signatory’s remote presentation of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the signatory, and is of sufficient quality to allow for identification; or
- an introduction of the signatory by oath of a credible witness who personally knows the signatory, and who is personally known to the Notary Public.
- During the two-way audio-video communication, the Notary and signatory must audibly speak certain statements, as follows:
- the Notary Public must attest to being physically located in Texas;
- the signatory must attest to being physically located in Texas;
- the signatory must affirmatively state what documents are being signed.
- Also during the two-way audio-video communication, the signatory’s act of signing must be close enough to the camera for the Notary Public to observe it clearly.
- The Notary Public must keep a recording of the two-way audio-video communication of the notarial act for two years from the date of the notarial act.
- The signatory must send the original signed documents by courier, U.S. Mail, or overnight carrier directly to the Notary Public for the Notary Public to sign and to affix the official stamp or seal.
- The official date and time of the notarization* shall be the date and time when the Notary Public witnessed the signatory signing the documents during the two-way audio-video communication.
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*NOTE: When completing the notarial certificate on the document received by courier, U.S. Mail or overnight carrier, the Notary will indicate the venue as “State of Texas, County of [the name of the county where the Notary was located when performing the notarization].” The certificate’s date of notarization (including the time of day) will be the date of the audio-video communication session with the signatory. - The documents must include, whether in a notarial certificate, a jurat, or an acknowledgement, language* substantially similar to the following: “This notarization involved the use of two-way audio-video communication pursuant to the suspension granted by the Office of the Governor on April 27, 2020, under section 418.016 of the Texas Government Code.”
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*NOTE: This language should be written within the notarial certificate, wherever there is appropriate space. - Documents acknowledged under the suspension and in accordance with its required terms:
- Shall be considered duly acknowledged and fully compliant with Texas law after the suspension's termination; and
- Must be accepted for recording by all Texas county clerks.
Texas: Notary Coronavirus Response Advisory, Extended Texas Driver License Expiration Dates (March 26, 2020) American Society of Notaries advises all Texas Notaries that by order of Governor Greg Abbott, the Texas Department of Public Safety (DPS) has temporarily waived expiration dates for certain Texas identification cards, including Driver Licenses, Commercial Driver Licenses and other identification forms. This measure suspends the need to venture into a public setting in order to renew an expiring or expired license. Under terms of the order (and subject to conditions noted below) a Texas Notary Public may accept an expired, Texas-issued identification card (ID), driver license (DL), commercial driver license (CDL) and election identification certificate (EIC) as satisfactory evidence of identification. Remember that Texas Civil Practices and Remedies Code Sec. 121.005(a)(2) requires identification cards or documents accepted by a Notary Public to include the holder’s photograph and signature. For a Texas Notary to accept an expired Texas ID type noted above as satisfactory evidence of identification, BOTH of these conditions must be met:
This order pertains only to Texas-issued identification documents. A Texas Notary cannot accept expired forms of identification issued by any other states. Texas Online Notaries Public: Verify that your Online Notary system/technology provider is aware of these developments, as they may affect aspects of the provider’s identity proofing procedures. Recommended Notary procedures if presented with an expired Texas ID:
NOTE: This ID card expiration date extension does not return driving privileges to a person not eligible to drive due to an active enforcement action (suspension, revocation or denial). |
Vermont: Senate Bill 316, Execution of Wills During an Emergency Vermont: Secretary of State’s Emergency Rules for Notaries Public and Remote Notarization Vermont: Secretary of State’s Guidance on Remote Notarization Emergency Rules |
Washington: Governor’s Proclamation Amending Effective Date of Remote Notarization Statutes Washington: Dept. of Licensing's Emergency Administrative Rules, Remote Notarization Under Gubernatorial Proclamation |
West Virginia: Executive Order Temporarily Suspending Statutory Requirement of Physical Appearance
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Wisconsin: WDFI Secretary’s Emergency Guidance on Remote Notarization
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Wyoming: Secretary of State’s Guidance on Temporary Remote Online Notarization |
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