COVID-19 Update: New Retirement Plan Guidance on Electronic Notarization

Patterson Belknap Webb & Tyler LLP
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COVID-19 has made traditional notarization, where the notary is in the same physical location as the signatory, a potentially hazardous and often undesirable requirement. Many states have reacted to this by permitting remote notarization, either permanently or on a temporary basis. However, generally speaking, retirement plan administrators have been unable to take advantage of this liberalization because the Internal Revenue Code Regulations require many participant elections (including a spousal consent) to be witnessed in the physical presence of a plan representative or a notary public. Recent guidance has temporarily suspended the physical presence requirement when certain criteria are satisfied.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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