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Several states have expanded the legal rights available to spouses in same-sex relationships through civil unions and domestic partnerships. All of the states that allow for civil unions or domestic partnerships now also allow for same sex marriage, either through statute or court ruling. These forms shall require the ature and seal of an acknowledgment by a notary public to be binding and valid. This prohibition does not apply if the domestic partnership ended because one of the partners died. The general assembly declares that a second purpose of the act is to protect individuals who are or may become partners in a civil union against discrimination in employment, housing, and in places of public accommodation. The general assembly further finds that the general assembly, in the exercise of its plenary power, has the authority to define other arrangements, such as a civil union between two unmarried persons regardless of their gender, and to set forth in statute any state-level benefits, rights, and protections to which a couple is entitled by virtue of entering into a civil union.


Notary may notarize ature through "videoconferencing programs", and "confirm the ature of witnesses who participate virtually as though they were physically present at the ing. Maine Exec. July 23, By William P. Goldberg States are rapidly adapting to social distancing in their approaches to remote notarization. Louisiana Proc. Top of This process will remain in effect through the duration of the public health state of emergency.

Practice Update. er attests to being physically in Maine and states the county name in which er is located at the time of ing the document. Nothing in this Practice Update should be construed as legal advice or a legal opinion, and readers should not act upon the information contained in this Practice Update without seeking the advice of legal counsel.

This information is intended to inform firm clients and friends about legal developments, including recent decisions of various courts and administrative bodies. The conference is recorded and maintained by the er for at least three years.

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Consider supplementing notary's acknowledgment to state: "This notarial act was performed in compliance with State of Louisiana Proclamation 37 JBE Recommend following the Illinois or New York process. Consider adding the following language to the notary's acknowledgment: "This notarial act was performed in compliance with State of Illinois Executive Order Note the executive order states the er should maintain the recording of the conference while secretary of state guidance says the notary should maintain it.

The chart lists states with temporary remote notarization procedures. Consider using the following guidance from New York if applicable: "If the notary and er are in different counties, the notary should indicate the county in which each person is located. The certificate of notarial act must indicate it was "performed using audio-video technology. Arkansas Exec. Hawaii Exec.

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Top of Executive order extended to September Kentucky SB "For purposes of complying with any law, rule, order, or other requirement to the receipt of testimony or ature from any party or witness, or the acknowledgment or notarization of any document, for any legal purpose: a Individuals, whether acting for themselves or in a representative capacity, not in the same physical location shall Hampshire IL dating foreigners considered in the presence of one another if the individuals can communicate via a video teleconference in real time to the same extent as if they were physically present in the same location;" Top of In effect during the COVID emergency.

The governor's order is written from the perspective of directing the state's Notary Compliance and Enforcement Unit of the Regulation and Licensing Department to not recommend discipline for notaries who conduct remote notarizations in compliance with the order. A declaration by the er his or her actions are knowingly and voluntarily made.

The notary "reasonably identifies" the er. Notarial act follows any additional guidance posted by the Kansas Secretary of State. The er must affirmatively represent he or she is physically present in Connecticut. It does not list states with pre-existing remote notary statutes and states requiring use of a third-party remote online notarization service.

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Before er executes the document, the notary must be able to view by camera "the entire space in which the atory and any witness is located, and any person who is present in those spaces must state their name while on vide and in clear view of the Notary. The notary may notarize the electronically transmitted document and return it electronically.

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Be able to record interactions and clearly viewed at a later date. Be maintained for ten years.

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The notary must notarize and return the document within twenty four hours. For wills and powers of attorney, at least one witness must be an attorney d to practice law in Maine. If the notary identifies the er through a credible witness: The notary's explanation of how, and for how long, the notary has known the witness, and An explanation of how the witness knows the er. The er must show each of the document to be ed to the notary and then initial each shown.

Executive order extended for the duration of the public health emergency. The notary ensuring satisfactory evidence of er's identity either through a government-issued identification, personal knowledge, or affirmation of a credible witness. Notary can identify or by personal knowledge, through government-issued identification, or oath of a witness with personal knowledge of or.

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Top of Executive order expired on April No extension was issued. By William P. HellerC. Charles TownsendThomas J. Kearneyand Eric I. States are rapidly adapting to social distancing in their approaches to remote notarization. Notary and witness attest to being physically located in Maine.

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The below chart tracks the steps, special conditions, and considerations on a state-by-state basis. Both or and notary are physically in Kansas. The notary must visually see the ing. The er must affirmatively state what document the er is ing.

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April 9 Press Release awaiting formal publication in Texas Register. The er and notary must be physically present in Arkansas. Illinois Exec. Top of This process automatically expires when the state of emergency is terminated. For paper documents, a tangible or electronic copy of executed document must be mailed to notary within 5 business days. The er must transmit by fax or electronic means a "legible copy" of the entire ed document to the notary no later than one day after the ing.

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Order No. Order Notary is able to identify or from personal knowledge or satisfactory evidence of or's identification. For electronic documents, notary must be registered as an electronic notary, document must be ed with approved software, and electronic notary seal must be affixed to executed document.

Prior do not guarantee a similar outcome.

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Colorado Exec. Top of Executive order extended for the duration of the public health emergency. Top of Executive order codified and extended to December Enable the notary to verify the notary, er, and any witnesses are viewing the same document and atures can be viewed in real time. Chapter 71 of the Acts of Document must contain a notarial certificate, jurat or acknowledgment stating or appeared remotely. Remotely notarized mortgages could present challenges to future foreclosures basing on them. If the notary identifies the er by personal knowledge, the notary's explanation of how, and for how long, the notary has known the er.

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Top of. Both the er and notary must attest to being physically located in Illinois. The conference must be recorded and retained no less than ten years. The notary must notarize the document as soon as received and transmit the document back to the er.

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The notary shall add the following statement to the notarized document: "This notarial act involved the use of communication technology enabled by emergency order. The notary must obtain the ed document the same date it was ed. The notary must validate the identity of the er. Process is not permitted for "testaments, trust instruments, donations inter vivos, matrimonial agreements, acts modifying, waiving, or extinguishing an obligation of final spousal support and authentic acts.

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Guidance on Emergency Rules. Note both the Louisiana Secretary of State and the Louisiana Notary Association oppose the executive order and are pushing for its rescission.

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The notary must disclose to the er, the fact of the recording, the details of its intended storage including where and for how long it will be held ten years.

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A marriage is issued immediately and becomes effective 24 hours later.


This is an evolving area of law in which there is bound to be uncertainty, and we will be working closely with Illinois attorneys to promote the best .


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