Bulletin: MN2018002

Date:
December 24, 2018
To:
All Minnesota Issuing Offices
RE:
UNDERWRITING - Remote Online Notarization in Minnesota

Dear Associates:

In 2018, the Minnesota Legislature enacted portions of the Revised Uniform Law on Notarial Acts, also known as (RULONA). Effective as of January 1, 2019, remote online notarization will be allowed in Minnesota. Under the statute, a remote online notarial act can be performed by means of “communication technology”:

            [a]n electronic device or process that allows a notary public physically located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound . . .

A remote online notary public physically located in Minnesota may perform an online notarial act for a person physically located in Minnesota, other states or even other countries (with certain restrictions). 

Remote online notarization (signer and notary are not in the physical presence of each other) is a different concept than electronic notarization (electronic signature and electronic notary seal but parties are in the physical presence of each other). 

Remote online notarization is another notary tool that will be available. A “traditional” paper notary (and an electronic notary) will also continue to be available as options. The Secretary of State requires a separate registration for a remote online notary but it will be available to a notary public already commissioned in Minnesota.

In order to complete a remote notarial act, there are certain minimum standards for communication technology, credential analysis, identity proofing and maintenance of an electronic journal. A software platform or service provider with the right technology will be needed to facilitate a remote online notarial act.  The certificate for a remote notarial act is required to indicate that a person appeared before the notary by means of communication technology. 

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

Short Form Certificates of Notarial Acts
Minnesota Revised Uniform Law on Notarial Acts

References

Bulletins Replaced:
None
Related Bulletins:
SLS2018003 UNDERWRITING - Remote Online Notarization
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None