COVID-19: Emergency Remote Online Notarization State Chart
Practical Law Legal Update w-024-7037 (Approx. 9 pages)
COVID-19: Emergency Remote Online Notarization State Chart
by Practical Law Real Estate
| Law stated as of 01 May 2020 • ExpandAlabama, Arizona, Arkansas...Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, USA (National/Federal), Vermont, Washington, West Virginia, Wisconsin, Wyoming |
This Legal Update provides an overview of states permitting remote online notarization of legal documents on a temporary basis as a result of the 2019 novel coronavirus disease (COVID-19). These temporary measures facilitate the closing of real estate transactions while limiting unnecessary public gatherings.
In response to the national emergency caused by the outbreak of the 2019 novel coronavirus disease (COVID-19), many states are enacting emergency legislation allowing remote online notarization of legal documents. Remote online notarization allows a remote principal to appear before a notary public at the time of notarization using audiovisual technology, rather than being present in the same room. This allows individuals to execute certain legal documents, including documents necessary for closing real estate transactions, while practicing the social distancing necessary to help mitigate the spread of COVID-19.
Emergency Remote Online Notarization State Chart
The chart below highlights states that have adopted emergency measures to permit remote online notarization on a temporary basis due to COVID-19. It provides expiration dates, where applicable, for each state's temporary order. This chart does not include states that already have permanent legislation in effect permitting remote online notarization. Counsel should refer to each state's order for specific standards and processes that a remote notary must comply with and confirm that all parties to the transaction will accept documents executed with a remote notary.
This chart is current through May 1, 2020 and will not be updated further. For a chart that is monitored and regularly updated to include states that adopt remote online notarization, see Electronic Signatures, Recording, and Notarization Laws for Real Estate Transactions: State Comparison Chart. For additional guidance on remote online notarization for real estate transactions, see Practice Note, Electronic Signatures, Recording, and Notarization Laws for Real Estate Transactions: Overview.
State | Emergency Remote Online Notarization |
Alabama | Available for the duration of the public health emergency unless rescinded or extended by proclamation (see State of Alabama Proclamation by the Governor). |
Arizona | Available from April 10, 2020 until permanent remote online notarization legislation takes effect on July 1, 2020 (see Executive Order 2020-26). |
Arkansas | Available for the duration of the state of emergency (see Executive Order 20-12). |
Colorado | Available until May 30, 2020 (see Executive Order D 2020-019, Executive Order D 2020-030, and Executive Order D 2020-047). |
Connecticut | Remote online notarization of remote principals located in Connecticut is available through June 23, 2020 (see Executive Order No. 7K). |
Delaware | Available until further notice (see Eleventh Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat). |
Georgia | Available for the duration of the Public Health State of Emergency (see Executive Order 03.31.20.01 and Executive Order 04.09.20.01). |
Hawaii | Available for the duration of the state of emergency (see Executive Order 20-02). |
Illinois | Available for the duration of the Gubernatorial Disaster Proclamation (see Executive Order 2020-14). |
Iowa | Available through May 27, 2020 (see Proclamation of Disaster Emergency). |
Kansas | Available until the earlier of May 31, 2020 or the date the state of emergency expires (see Executive Order 20-20 and Executive Order 20-28). |
Louisiana | Available through April 30, 2020 (see Proclamation Number 41 JBE 2020). |
Maine | Notarization for remote principals, but not electronic or online notarization, is allowed on an emergency basis for remote principals located in Maine until 30 days after the expiration of the state of emergency (see Executive Order 37 FY 19/20). |
Maryland | Available for the duration of the state of emergency (see Executive Order Number 20-03-30-04). |
Massachusetts | Notarization for remote principals, but not electronic or online notarization, is allowed on an emergency basis for remote principals located in Massachusetts until three business days after the expiration of the state of emergency (see Senate Bill 2645). |
Mississippi | Available until 14 days after the expiration of the state of emergency (see Executive Order 1467). |
Missouri | Available until May 15, 2020 (see Executive Order 20-08). |
Nebraska | Available until 30 days after the expiration of the state of emergency (see Executive Order 20-13). |
New Hampshire | Available for the duration of the state of emergency (see Executive Order 2020-04 #11). |
New Jersey | Available for the duration of the state of emergency (see Assembly Bill No. 3903). |
New Mexico | Available until June 20, 2020 (see Executive Order 2020-015). |
New York | Available through May 15, 2020 (see Executive Order No. 202.7 and Executive Order 202.18). |
Pennsylvania | Available until 60 days after the expiration of the state of emergency (see Senate Bill No. 841). |
Rhode Island | Available for the duration of the state of emergency (see Rhode Island Remote Online Notarization Temporary Performance Guide). |
Vermont | Notarization for remote principals, but not electronic or online notarization, is allowed on an emergency basis for remote principals located in Vermont through September 20, 2020 with the adoption of temporary rules (see Emergency Administrative Rules for Remote Notarial Acts and Guidance on Emergency Rules for Notaries Public and Remote Notarization). |
Washington | Available until the earlier of May 4, 2020, or the date the state of emergency expires (see Proclamation 20-27 and Proclamation Extension Letter). |
West Virginia | Available for the duration of the state of emergency (see Executive Order 11-20 and Standards and Guidelines for Electronic Notarization). |
Wisconsin | Available until further notice (see Emergency Guidance on Remote Notarization). Permanent remote online notarization legislation takes effect on May 1, 2020 |
Wyoming | Available until the earlier of July 1, 2020, or the date the Governor lifts the present state of emergency (see Guidance on Temporary Remote Online Notarization). |