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AR SB340

Bill

Status

Passed

4/30/2021

Primary Sponsor

Bob Ballinger

Click for details

Origin

Senate

93rd General Assembly (2021 Regular)

AI Summary

  • Permits notary publics meeting specified criteria (attorneys, title agents, or employees of financial institutions and banks) to perform remote witnessing of documents through real-time audio and visual technology, including videoconference platforms like Skype, Zoom, and FaceTime.

  • Allows notarial certificates to be completed when the principal is not physically present but appears remotely through real-time audio and visual means, and permits counterpart signature pages for documents signed simultaneously in different locations.

  • Establishes "online notary public" designation for electronic notaries authorized by the Secretary of State to perform online notarial acts, requiring identity verification through personal knowledge, credible witnesses, or credential analysis with identity proofing.

  • Requires online notaries to create audio-visual recordings of notarization and maintain secure electronic records for at least five years containing transaction details, identity evidence, and fees charged.

  • Declares an emergency related to COVID-19 exposure preventing in-person meetings and makes Section 1 retroactive to March 30, 2020, with effectiveness contingent on Executive Order No. 21-07 status.

Legislative Description

To Regulate The Witnessing Of Certain Documents By A Notary Public; To Allow For Remote Witnessing Of Certain Documents By A Notary Public; And To Declare An Emergency.

Last Action

Notification that SB340 is now Act 1047

4/30/2021

Committee Referrals

State Agencies & Governmental Affairs4/26/2021
State Agencies and Governmental Affairs4/14/2021
State Agencies & Governmental Affairs2/22/2021

Full Bill Text

No bill text available