WY Emergency Guidance on Remote Online Notarization (2020)
Guidance
Effective: March 24, 2020
SummaryThe Wyoming Secretary of State has issued temporary emergency guidance on its determination that remote online notarizations satisfy the personal appearance requirement under Wyoming law and may be performed by Wyoming Notaries during the present state of emergency.
AffectsAll Wyoming Notaries.
Changes
- Permits, but does not require, remote online notarization as an option for Wyoming Notaries to use until July 1, 2020, or when the Governor lifts the present state of emergency, whichever comes first.
- Requires Notaries to receive training from a remote online notarization provider approved in contiguous states (a list of these providers may be found in the guidance document linked to below).
- Requires Notaries to complete a Notice of Intent to Perform Temporary Remote Online Notarizations in Wyoming form and submit it to the Secretary after having received training from a provider approved in a contiguous state and before performing remote online notarizations.
- Allows Notaries to use other providers who are approved in contiguous states while the state of emergency exists.
- Clarifies that Notaries may only charge the statutory maximum fee of $5 for a remote online notarization, but recognizes that the providers may have additional costs associated with these transactions.
AnalysisThe Wyoming Secretary of State has clarified in emergency temporary guidance that a remote online notarization satisfies the requirement under Wyoming law that a signer appear personally before a Notary. Notaries are to receive training from and use a technology provider approved in contiguous states. They must complete and file with the Secretary a Notice of Intent to Perform Temporary Remote Online Notarizations in Wyoming form before they perform remote online notarizations.
The Secretary of State published additional guidance on December 31, 2020, extending the temporary authorization through July 1, 2021, or when the Governor lifts the present state of emergency, whichever comes first. The Wyoming legislature enacted permanent remote online notarization and remote ink notarization statute in 2021. This law, Senate File 29, is effective July 1, 2021.
To read the Secretary of State's Guidance, click Download PDF, below.
On December 31, 2020, the Secretary of State reissued the Guidance with no changes except to extend the Guidance until until July 1, 2021, or when the Governor lifts the present state of emergency, whichever comes first.