Notarization By Virtual Teleconference In The Face of Covid-19 Crisis
Prepared by Jack Kubiszyn
March 28, 2020
On March 27th, 2020 Alabama Governor Kay Ivey executed her 4th Supplemental State of Emergency Proclamation (the “Proclamation”) allowing certain qualified Notaries to notarize documents without requiring the Notary to be physically being present at the document signing.
Why is this important? The Coronavirus (“COVID-19”) has shut down non-essential businesses across the country and imposed social isolation on individuals. In fact, COVID-19 caused Governor Ivey to declare a state public health emergency for Alabama on March 13, 2020. This has caused transactions requiring the certification of documents to come to a screeching halt. This disruption includes matters such as the execution of wills, deeds for the transfer of property, mortgages providing security for loans and affidavits to be included with litigation pleadings. Previously, Alabama required that a Notary be physically present at these types of transactions to not only certify the execution of certain documents but to also confirm the identity of the signing and witnessing parties.
Provisions
Governor Ivey’s Proclamation eliminates the requirement of the physical presence for Notaries. The Proclamation provides as follows:
- Notaries in Alabama who are licensed attorneys or operating under the supervision of licensed attorneys may notarize signatures through videoconferencing programs and confirm the signatures of witnesses who participate virtually through videoconferencing as though they were physically present at the signing.
- Any person who witnesses a document through videoconference technology may be considered an “in-person” witness, provided that the presence and identity of such witnesses are validated by the notary at the time of the signing by the same identifications required under current law.
- The official date and time of the notarization shall be the date and time when the notary witnesses the signature via the videoconference technology. All documents must be returned to the notary for certification and execution.
Required Conditions
With this Proclamation, transactions requiring documents to be certified are now able to move forward through a video-conference (thus eliminating the physical presence requirement for the Notary) upon satisfying the following conditions:
- The Notary is a licensed attorney or is operating under the supervision of a licensed attorney;
- A video-conference is set up allowing the Notary to confirm the signature of the document, the witnesses to the document and the validate the identity of these individuals (i.e. present a form of valid identification); and
- The Notary subsequently receives the document being notarize by video-conference for certification and execution by the Notary.
The Proclamation also establishes the effective date of the document as the day certified by a Notary through the video-conference.
With Governor Ivey’s Proclamation, Alabama is one of the first states to recognize this impediment caused by COVID-19 and to provide a reasonable and practical solution. This will greatly aid not only business transactions in Alabama but litigation proceedings as well.
Visit Christian & Small the Covid-19 Resources and Updates page for a complete roundup of information.
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
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