Joan Hartley

SEN. HARTLEY APPLAUDS PASSAGE OF REMOTE NOTARIZATION IN THE STATE SENATE

HARTFORD, CT – State Senator Joan Hartley applauds the passage of Senate Bill 1040, An Act Concerning Remote Notarial Acts, which was unanimously approved by the Senate last week.

Senate Bill 1040 allows a notary public to notarize a document for a person who is not in the notary’s physical presence, which involves confirming an individual’s identity, receiving the document by mail, attaching the notary seal or stamp, and mailing the document back to the individual. It requires that a notary using remote notarization must use identity proofing processes when a third person verifies a person’s identity through a review of public or private data sources.

“Remote notarization was widely used during the COVID-19 pandemic, and had been used prior,” said Sen. Hartley. “Remote notarization is just another way to modernize existing systems that have made it easier for individuals and businesses to operate.”

The bill also allows a notary to refuse to perform remote notarization and excludes certain records from eligibility for remote notarization, such as:

Real estate closings; making and executing a will, codicil, or trust; executing healthcare instructions; designating a standby guardian for a minor; appointing an agent under power of attorney

Currently 42 other states permit this practice, which was subject of several legislative proposals by the Commerce Committee. The committee also conducted a working group representing all stakeholders who have contributed to policy encompassed in SB 1040. The bill now awaits action from the House of Representatives.