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Q: What about a document that needs witnesses, do they have to be with the notary?
A: No, under HB514 as filed, witnesses do not have to be in the physical presence of the notary at the time of the remote notarization, they can be located anywhere.
Q: Will the notary be required to keep a journal, a printed copy or electronic record of the remote notarization?
A: Yes, under HB514 as filed, the notary involved in the remote notarization transaction will retain a record, or cause to have retained a record, of the remote notarization transaction for a period of ten years. The Louisiana Secretary of State stakeholders committee will assist in the drafting of the policy that will govern record retention of a remote notarization.
Q: Will I (a regularly commissioned Louisiana notary) be able to take care of a will for a home bound customer through remote notarization?
A: No. HB514 specifically excludes wills, codicils, trusts, Donations Inter Vivos, Matrimonial Agreements and Acts modifying, waiving or extinguishing an obligation of final spousal support from remote notarization; it excludes all authentic acts.
Q: Will HB514 require Louisiana notaries to do remote notarization?
A: Simply put, no. HB 514 as filed gives regularly commissioned statewide jurisdiction notaries the option to do remote notarizations, it is not a requirement.
The LNA sponsored remote notarization demonstration, held Monday night, provided a great opportunity to experience a simulation of a remote notarization from the perspective of both the notary and the client. The presentation included discussion of the security features (including the online ID proofing technology), document set up, document navigation and record keeping functions typically included in a remote notarization software platform. For those who missed the demo or would like to review the presentation, Nexsys Tech, the remote notarization platform vendor who presented the demo, has provided us with a link to a recording of Monday night's event:
Feel free to view or share it with a fellow notary.
Get the latest news updates and information from the Louisiana House of Representatives by following them on Twitter @LouisianaHouse. Information posted includes Civil Law and Procedure Committee meeting announcements as well as links to the live committee meetings, which can be viewed on any device.
The LNA will host at its headquarters (Postlethwaite & Netterville, 8550 United Plaza Boulevard, Suite 1001, 10th Floor, Baton Rouge, LA 70809) a live remote notarization demonstration on Monday, April 15, 2019 from 7:00 to 9:00 PM. Members and non-members are invited to the free demonstration, whether attending in person or via live online stream.
The event will feature a demonstration of a remote notarization that will showcase the functionality of a typical online remote notarization platform, including credential verification, document navigation and recordkeeping. Attendees will be given the opportunity to ask questions (both online and in person) regarding the remote notarization platform and HB 514.
Please plan to attend.
Instructions to access the live stream of the demonstration are below:
ZOOM WEBINAR ACCESS INSTRUCTIONS
Monday, April 15, 2019 7:00 PM
Please click this link to access the webinar on your computer or device:
https://rock-meet.zoom.us/j/205564944
To access the webinar via telephone, please dial any of the following numbers:
(646) 876-9923
(669) 900-6833
(855) 880-1246 (Toll Free)
(877) 853-5257 (Toll Free)
Please use Webinar ID 205 564 9444.
LEGISLATIVE UPDATE: HOUSE BILL 514 – REMOTE ONLINE NOTARIAL ACTS
On March 29, 2019, Representative Raymond Garofalo pre-filed House Bill No. 514 on recommendation of the Louisiana State Law Institute. That same day, HB 514 was provisionally referred to the Committee on Civil Law and Procedure. On April 8, 2019, HB 514 was read by title and referred to the Committee on Civil Law and Procedure.
HB 514 provides for the execution of online remote notarial acts. As filed, HB 514 provides for the remote online notarization of affidavits and acknowledgements and does not allow for the remote online notarization of last wills or codicils thereto, trusts, donations inter vivos, matrimonial agreements, or acts modifying, waiving, or extinguishing obligations of final spousal support. Additionally, HB 514 does not allow for the electronic passing and remote notarization of any authentic act as defined under Louisiana Civil Code Art. 1833. If authentic acts are electronically notarized remotely, those acts will not be in authentic form and may still be valid as acts under private signature or acknowledged acts, as provided for in our existing laws. “Presence” of the parties is redefined to mean remote presence, and the parties are not required to be located in the State of Louisiana. The notary, however, must be physically located in their jurisdiction at the time of remote online notarization. HB 514 also provides for the Secretary of State to set up a stakeholder committee to create rules and procedures for remote online notarizations. As the bill is currently drafted, remote online notarization would be a separate credential available only to statewide commissioned notaries.
The Louisiana Notary Association’s legislative committee has met and will be providing a recommendation to the Board of Directors at a special meeting on April 10, 2019. Updates regarding that recommendation will be sent out following the special board meeting.
The LNA also will host at its headquarters (Postlethwaite & Netterville, 8550 United Plaza Boulevard, Suite 1001, 10th Floor, Baton Rouge, LA 70809) a live remote notarization demonstration on Monday, April 15, 2019 from 7:00 to 9:00 pm. Members and non-members are invited to the free demonstration, whether attending in person or via live online stream. This will include a real-time demonstration of both a mortgage loan closing and execution of a simple Affidavit using an online notarization provider. HB 514 will be discussed in more depth, and attendee questions will be taken. A link to access the live online stream of the demonstration will be provided to all membership in advance of the demonstration.
Further updates on HB 514 are forthcoming. Questions regarding HB 514 in advance of the live demonstration can be directed to Legislation Committee Chair, Pam Alonso, at 225-315-1414 or pamelaalonso@cox.net.