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Executive Order

CT Governor Executive Orders 7Q and 7ZZ

Notary Law Update: CT Governor Executive Orders 7Q and 7ZZ

State: Connecticut

Summary:

Connecticut Governor Lamont issues a revised order relating to remotely notarized documents that revises and supersedes Executive Order 7K. Subsequently, Executive Order 7ZZ extended Executive Order 7Q.

Signed:  March 31, 2020

Effective:  March 31, 2020

Affects:

All Connecticut Notaries and Commissioners of the Superior Court.

Changes:
  1. Requires the communication technology used to perform a remote notarial act to be capable of recording the complete notarial act and to be made and retained by the Notary (previously also required for a Commissioner) for a period of not less than 10 years.
  2. Authorizes the Notary or Commissioner to notarize the transmitted copy of the document and transmit the same back to the signatory by fax or electronic means.
  3. Clarifies that notwithstanding the foregoing, only a Connecticut attorney in good standing may remotely administer a self-proving affidavit to a last will and testament pursuant to Section 45a-285 of the General Statutes or conduct a real estate closing as required by Public Act 19-88.
  4. Authorizes any witnessing requirement for a last will and testament to be satisfied remotely through the use of communication technology if it is completed under the supervision of a Commissioner, and requires the supervising Commissioner to certify that he or she supervised the remote witnessing of the last will and testament.
  5. Suspends all witness requirements on any document, other than a last will and testament, requiring a notarial act for the duration of this Executive Order.
  6. Requires all remotely notarized documents pertaining to real property to be accepted for recording on the land records by all Connecticut Town or City Clerks.
  7. Requires a one-page certification confirming the use of remote notarization procedures to be attached to each remotely notarized document submitted for recording on the land records in Connecticut.
  8. Provides that this order shall take effect immediately and shall remain in effect for the duration of the public health and civil preparedness emergency unless earlier modified or terminated by the Governor.
Analysis:

An updated executive order from Connecticut Governor Lamont revises and supersedes Executive Order 7K previously issued authorizing Notaries Public and Commissioners to perform notarial acts using audio-visual technology. In this update, only the matters that have changed from Executive Order 7K are noted. All other provisions are the same. Mainly, the significant changes are the additional provisions related to witnessing of a last will by a Commissioner and for all remotely notarized documents affecting real property to be accepted for recording by town clerks.

Read Executive Order 7Q.

On June 16, 2020, the Governor issued Executive Order 7ZZ, extending Section 3 of Executive Order 7Q for the duration of the public health emergency and civil preparedness emergency, unless earlier modified, extended or terminated.

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