AnalysisDuring the COVID-19 crisis, we are seeing many state governors issue executive orders allowing for notarizations to be performed on paper documents using videoconferencing technology. We also are seeing emergency rules and guidance issued for this purpose as well. Senate Bill instead 150 took the legislative route in providing COVID-19 relief measures. It deems the parties who are not in each other's physical presence to be present before each other if they utilize videoconferencing tools in real time. The bill allows any document to be acknowledged or notarized in this fashion, and provides that the documents may be executed in counterparts and considered a single document. This means that each party will sign separate but identical copies of the same document. When taken together, these separately signed documents will comprise one single document. Signing in counterparts thus mitigates having to pass the document back and forth to the parties by fax or electronic means while they are meeting over teleconference.
This provision is effective until the Governor declares that Executive Order 2020-15 has ceased. In the event no such declaration is made by the Governor on or before the first day of the next regular session of the General Assembly, the General Assembly may make the determination.
Read Senate Bill 150.