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Remote Notarization Act Now in Effect in Connecticut
As of October 1, Connecticut allows remote notarization by statute, codifying a practice that had been temporarily authorized under Executive Order by Governor Lamont during the pandemic. Public Act No. 23-28, which was signed into law on June 12, 2023, allows a Connecticut notary public to notarize a document for a person who is not in the notary’s physical presence (known as remote notarization) under specific conditions. This can be a useful tool for clients during these times of remote working and cross-country or international traveling. However, specific procedures must be followed for a remote notarization to be effective. To summarize, remote notarization involves a notary (1) confirming an individual’s identity and watching the individual sign the document using real-time communication, (2) receiving the signed original document by mail or delivery service, (3) signing and attaching his or her notary seal or stamp, and (4) mailing or delivering the document back to the individual.
Qualifications for Remote Notarization
With some exceptions, a document may be remotely notarized if:
1. The individual and the notary can communicate simultaneously, in real time, by sight and sound using communication technology (e.g., Zoom); and
2. The notary reasonably identifies the individual at the time of notarization by one or more of the following methods:
- personal knowledge of the individual’s identity
- the individual presents a currently valid government-issued identification document or record which includes the individual’s photograph, name and signature (e.g., driver’s license or passport)
- not less than 2 different types of identity proofing processes or services by which a third party provides a means to verify the individual’s identity through a review of public or private data sources; or
- oath or affirmation by a credible witness who is either in the physical presence of either the notary or individual or is able to communicate in real time with the notary and individual in real time using communication technology, if the credible witness has been reasonably identified by the notary using one of the methods above.
Date and Time of a Remote Notarization
The date and time of the notarization shall be the date and time when the notary witnessed the signature being performed by means of communication technology.
Records or Documents Qualifying for Remote Notarization
Records or documents that -
1. Are intended for filing or presentation in a matter before a court, governmental entity, public official or other entity subject to the jurisdiction of the state of Connecticut;
2. Involve property located in the territorial jurisdiction of Connecticut or a transaction substantially connected to the state of Connecticut;
3. Are otherwise not be prohibited by Connecticut law to be notarized outside the state
Exceptions to Remote Notarization
Remote notarization cannot be performed for acknowledgements of the following types of records:
- The making and execution of a will, codicil, trust or trust instrument
- Execution of health care instructions
- Execution of a designation of a standby guardian
- Execution of a designation of a person for decision-making and certain rights and obligations
- Execution of a living will
- Execution of a power of attorney
- Execution of a self-proving affidavit for an appointment of health care representative or for a living will
- Execution of a mutual distribution agreement
- Real estate closing*
*Note that, with respect to a real estate closing, the Act also prohibits the use of remote notarization to acknowledge any document or record located outside of Connecticut in any other state, territory or insular possession of the U.S., or the District of Columbia, even if the document or record is verified in compliance with the other jurisdiction’s law and authenticated in compliance with Connecticut law.
Failure to Comply
A remote notarization conducted for a transaction listed as an exception shall be ineffective for any purpose and constitute a violation of the prohibition on the unauthorized practice of law.
Notary’s Right to Refuse
Under the Act, a notary public may refuse to perform a remote notarization with respect to an electronic record, for an individual not in the physical presence of the notary or using a technology the notary has not selected.
Regulations
The Secretary of the State is given the power to adopt regulations regarding the performance of a notarial act under this section, which can include setting standards for communication technology and “identity proofing.”
Qualifications for Remote Notarization
With some exceptions, a document may be remotely notarized if:
1. The individual and the notary can communicate simultaneously, in real time, by sight and sound using communication technology (e.g., Zoom); and
2. The notary reasonably identifies the individual at the time of notarization by one or more of the following methods:
- personal knowledge of the individual’s identity
- the individual presents a currently valid government-issued identification document or record which includes the individual’s photograph, name and signature (e.g., driver’s license or passport)
- not less than 2 different types of identity proofing processes or services by which a third party provides a means to verify the individual’s identity through a review of public or private data sources; or
- oath or affirmation by a credible witness who is either in the physical presence of either the notary or individual or is able to communicate in real time with the notary and individual in real time using communication technology, if the credible witness has been reasonably identified by the notary using one of the methods above.
Date and Time of a Remote Notarization
The date and time of the notarization shall be the date and time when the notary witnessed the signature being performed by means of communication technology.
Records or Documents Qualifying for Remote Notarization
Records or documents that -
1. Are intended for filing or presentation in a matter before a court, governmental entity, public official or other entity subject to the jurisdiction of the state of Connecticut;
2. Involve property located in the territorial jurisdiction of Connecticut or a transaction substantially connected to the state of Connecticut;
3. Are otherwise not be prohibited by Connecticut law to be notarized outside the state
Exceptions to Remote Notarization
Remote notarization cannot be performed for acknowledgements of the following types of records:
- The making and execution of a will, codicil, trust or trust instrument
- Execution of health care instructions
- Execution of a designation of a standby guardian
- Execution of a designation of a person for decision-making and certain rights and obligations
- Execution of a living will
- Execution of a power of attorney
- Execution of a self-proving affidavit for an appointment of health care representative or for a living will
- Execution of a mutual distribution agreement
- Real estate closing*
*Note that, with respect to a real estate closing, the Act also prohibits the use of remote notarization to acknowledge any document or record located outside of Connecticut in any other state, territory or insular possession of the U.S., or the District of Columbia, even if the document or record is verified in compliance with the other jurisdiction’s law and authenticated in compliance with Connecticut law.
Failure to Comply
A remote notarization conducted for a transaction listed as an exception shall be ineffective for any purpose and constitute a violation of the prohibition on the unauthorized practice of law.
Notary’s Right to Refuse
Under the Act, a notary public may refuse to perform a remote notarization with respect to an electronic record, for an individual not in the physical presence of the notary or using a technology the notary has not selected.
Regulations
The Secretary of the State is given the power to adopt regulations regarding the performance of a notarial act under this section, which can include setting standards for communication technology and “identity proofing.”
