Remote Notarization Bill Wins Senate Approval

The state Senate unanimously approved legislation May 11 that allows notarizations to be performed remotely.

CBIA supported the bill during a public hearing before the Judiciary Committee in February.

SB 1040 will lower business costs by allowing a notary public to notarize a document for a person who is not in the notary’s physical presence under specified conditions.

Forty-two other states permit the practice, which Gov. Ned Lamont authorized during the pandemic through a series of executive orders.

The use of remote notarizations during the pandemic highlighted how systems can be modernized and improve operational efficiency.

Conditions, Exclusions

Under the bill, remote notarization can be used when (1) the person and the notary can communicate in real time, simultaneously, by sight and sound using communication technology; and (2) the notary can reasonably identify the person during the notarization.

After the document is remotely notarized and signed, the bill then requires the person to mail or deliver the record to the notary for certification and execution.

The bill prohibits remote notarization for real estate closings; making and executing a will, codicil, or trust; executing healthcare instructions; designating a standby guardian for a minor; executing a living will; or appointing an agent under power of attorney unless the power of attorney is limited in duration and grants an agent authority over real estate transactions. 

The bill awaits action in the House.

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For more information, contact CBIA’s Wyatt Bosworth (860.244.1155) | @WyattBosworthCT.