SummaryHouse Bill 262 waives any notarization requirement for a document that must be submitted to the Secretary of State if the document is filed via the Internet and signed with an electronic signature or the document is filed in person and signed in the presence of an employee of the Secretary of State who verifies the identity of the signer.
AnalysisMany different types of documents are required to be filed with the Secretary of State’s office, the most common being corporate filings. Occasionally, these papers must be notarized. House Bill 262 dispenses with any notarization requirement if the document is filed via the Internet and signed with an electronic signature or the document is filed in person and signed in the presence of an employee of the Secretary of State as long as the employee verifies the identity of the signer. This new law is bothersome for at least three reasons: First, it exempts electronic filings from any notarization requirement while requiring the same filings submitted in paper form to be notarized. Second, it accords any electronic filing signed with an electronic signature the same status as a paper filing signed or acknowledged before a Notary. Third, for forms filed in person with the Secretary of State’s office, it accords the non-notarial witnessing of an employee of the Secretary of State the same standing a document signed or acknowledged before a Notary.
Read House Bill 262.