News & Analysis as of

Remote Notarization

Katten Muchin Rosenman LLP

2024 Year-End Estate Planning: North Carolina Updates

Remote Electronic Notary Act - As discussed in last year's advisory, the North Carolina Remote Electronic Notary Act (referred to as RENA or the Act) was enacted on July 8, 2022. This Act permanently codified remote...more

Sands Anderson PC

Yes, Virginia, You Can Use Electronic Signatures on Pleadings

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It’s Christmas come early in Virginia this year. As of July 1, 2024, attorneys in Virginia can officially (and permanently!) use electronic signatures to sign pleadings in Virginia’s state courts. It only took twenty-plus...more

Perkins Coie

Remote Proceeding Tracker - Update April 2024

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In response to COVID-19, courts were forced to adapt to the pandemic and adopt new rules regarding in-person and remote proceedings. The list below contains links to each state’s laws and rules related to remote proceedings....more

A&O Shearman

IRS Indefinitely Extends Use of Electronic Signatures for Section 83(b) Elections

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On October 17, 2023, the U.S. Internal Revenue Service (IRS) updated its Internal Revenue Manual (IRM) to fully incorporate into the IRM certain e-signature policies and procedures permitting the use of electronic signatures...more

Poyner Spruill LLP

Emergency Video Notarization in North Carolina – Extension to June 30, 2024

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In 2020, North Carolina passed a temporary law authorizing Emergency Video Notarization (“EVN”) to alleviate the requirement that notaries be in the physical presence of signers during the COVID-19 pandemic.  This law was set...more

Husch Blackwell LLP

Everywhere a Sign: Remote Notarization in Renewable Energy Projects

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The renewable energy industry is growing rapidly but it faces several challenges, including ever-increasing competition amongst developers for rights to the same land. This creates a race between developers to encumber...more

Harris Beach Murtha PLLC

Designating Petitions Subject to New Notary Regulations

As New York approaches the start of designating petition season, the Department of State has issued new rules notaries must follow when notarizing documents, including designating petitions. As a result, if one passes...more

McGlinchey Stafford

Texas Prepares to Tweak Home Equity Law Again

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Under current Texas law, a home equity loan must be “closed only at the office of the lender, an attorney at law, or a title company.” This has proved to be a considerable obstacle for borrowers who are “homebound” or in...more

Cozen O'Connor

IRS Proposes to Permanently Allow Remote Witnessing of Spousal Consents

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On December 29, 2022, the IRS issued proposed regulations that would permanently allow retirement plans to accept remote participant elections and spousal consents. PROPOSED REGULATIONS STEM FROM THE COVID-19 PANDEMIC-...more

Groom Law Group, Chartered

IRS Proposes Making Remote Notarization Permanent for Retirement Plan Elections & Consents

On December 30, the Department of Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) released a notice of proposed rules relating to the use of an electronic medium for retirement plan participant elections and...more

Proskauer - Employee Benefits & Executive...

IRS Proposed Regulations Would Permanently Allow Remote Witnessing of Spousal Consent

The IRS issued new proposed regulations that would permanently change the rules that require spousal consent for plan distributions to be signed in the physical presence of a notary or plan representative. Specifically, the...more

Kohrman Jackson & Krantz LLP

Notarizing Made Easier? Senate Poised to Pass Remote Notarization Act

Since the COVID-19 pandemic upended life as we knew it, the use of remote communication and collaborative technologies have become a permanent addition to everything; from schools to workplaces and everything in between....more

McGuireWoods LLP

N.C. Adopts Remote Online Notarizing, Extends Emergency Video Notarizing and Witnessing

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Many tasks that were relatively easy to accomplish became nearly impossible during the height of the COVID-19 pandemic, and while much of everyday life has returned to “normal,” some modifications to accommodate social...more

Sheppard Mullin Richter & Hampton LLP

House Passed SECURE Notarization Act of 2022

Recently, the House of Representatives passed the SECURE Notarization Act of 2022 (H.R. 3962). The legislation that creates federal minimum standards to allow notaries in all states to perform remote online notarization...more

Faegre Drinker Biddle & Reath LLP

IRS Extends Temporary Relief from “Physical Presence” Requirement Through December 31, 2022

The IRS recently issued Notice 2022-27, providing a six-month extension of the temporary relief from the physical presence requirement for certain plan elections (including spousal consents) required to be witnessed by a plan...more

Womble Bond Dickinson

North Carolina Adopts Law to Permanently Allow Remote Online Notarization

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Last week, Governor Cooper signed House Bill 776 that permanently codifies remote online notarization and restores emergency video notarization. Remote Online Notarization (“RON”) will become effective on July 1, 2023, and...more

Fox Rothschild LLP

NC Revives Emergency Remote Notarization, Enacts Permanent Law to Debut in 2023

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At the onset of the pandemic, North Carolina passed a law allowing emergency remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). This emergency law had a built-in sunset of August 1, 2020, since the...more

Bowditch & Dewey

Virtual Notarization to End in Massachusetts on July 15, 2022

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Remote online notarization will continue in Massachusetts through July 15, 2022. Originally approved on April 23, 2020, Chapter 71 of the Acts of 2020 “An Act Providing for Virtual Notarization to Address Challenges Related...more

Harris Beach Murtha PLLC

IRS Further Extends Temporary Relief from the Physical Presence Requirement through December 31, 2022

On May 13, 2022, the IRS issued Notice 2022-27 (available here), which further extends, by six months, from July 1, 2022 to December 31, 2022, the IRS’s previously-granted temporary relief from the “physical presence...more

Holland & Knight LLP

Governor Signs Amendment to New York Remote Online Notarization Bill

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New York Gov. Kathy Hochul signed Senate Bill 7780 on Feb. 25, 2022. The new law makes significant updates to Senate Bill 1780C, the prior RON bill. ...more

Morrison & Foerster LLP

New York Authorizes Remote Online Notarizations

On December 22, 2021, New York Governor Kathy Hochul signed into law Senate Bill 1780C, which allows notaries to perform remote online notarization (RON). Effective as of June 20, 2022, this new law means that New York has...more

Allen Matkins

PropTech Update - January 2022

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PropTech shatters investment record with $32B VC haul in 2021 - Bisnow – December 21 - PropTech’s rapid growth attracted a record-breaking amount of venture capital in 2021. Private investment into the sector hit $32...more

Sheppard Mullin Richter & Hampton LLP

New York Makes Remote Online Notarizations Permanent

On December 22, New York Governor, Kathy Hochul, signed Senate Bill 1780C (S1780C), which allows the state’s notaries to conduct remote online notarizations (RON). The law is to be effective on June 20, 2022. Among other...more

Holland & Knight LLP

New York Remote Online Notarization Bill Signed Into Law

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New York Gov. Kathy Hochul signed Senate Bill 1780C on Dec. 22, 2021, which allows the state's notaries to conduct remote online notarizations (RON). The law is slated to be effective on June 20, 2022. New York joins more...more

Perkins Coie

US Remote Deposition and Oath Status - October 2021

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Remote depositions are becoming more prevalent in the midst of the COVID-19 pandemic. This list tracks the various state and federal authorities that govern remote depositions and the administration of oaths or affirmations...more

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