On August 13, 2020, Riker Danzig attorneys Michael R. O'Donnell, Alberthe Bernier, and Anthony Lombardo presented at the Firm's Banking Webinar, "Remote Notarization: It Is Here to Stay." Even before the COVID-19
pandemic, 23 states had remote notarization laws. In response to the pandemic, however, the remaining state governors and legislators have swiftly moved to pass laws—either by executive order or traditional legislative
processes—to allow notaries to remotely carry out their duties while maintaining social distancing practices and abiding by stay-at-home orders. In addition, United States Senators Mark R. Warner (D-VA) and Kevin Cramer (R-ND) introduced S. 3533, the “Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act of 2020,” which would permit immediate nationwide use of remote notarizations on a federal level that would, if enacted, preempt any and all of these state measures. These laws allow are intended to allow public notaries and other individuals authorized to administer oaths and affidavits, such as attorneys, to authenticate documents remotely for the duration of the COVID-19 emergency.
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