Bulletin: CO2021001

Date:
January 13, 2021
To:
All Colorado Issuing Offices
RE:
UNDERWRITING - Colorado Remote Online Notary Statute and Rules

Dear Associates:

The provisions of Senate Bill 20-096 relating to Remote Online Notarization became effective as of December 31, 2020. Pursuant to those provisions, the Colorado Secretary of State’s Office has established various rules which regulate the process of Remote Online Notarization in Colorado. The full Secretary of State Rules can be found here

Stewart issuing offices in Colorado may now conduct Remote Online Notarizations subject to existing Stewart policies and procedures, including, but not limited to Bulletins SLS2020003 and SLS2020004. Any such Remote Online Notarizations must fully comply with the new Colorado statute and regulations including the following conditions below. Please note that the conditions below only relate to Remote Online Notarizations conducted under Colorado’s new statute. Colorado issuing office may continue to accept and rely upon Remote Online Notarizations performed in compliance with existing statutes in other states.

  • Individuals that intend to conduct Remote Online Notarizations must be Colorado notaries that are approved by the Colorado Secretary of State to conduct Remote Online Notarizations.
  • The notary must use a technology platform that is approved by the Colorado Secretary of State and which complies with the Secretary of State Provider Protocols located here. A current list of Secretary of State approved technology platforms is available here.
  • The technology platform must be approved by Stewart Title Guaranty Company. A current list of Stewart approved technology platforms is available on the Virtual Underwriter RON Resources Page.
  • The notary must be physically located in the State of Colorado at the time of the notarial act.
  • The notarial act must relate to property located in the State of Colorado.
  • The certificate of notarial act must indicate that the notarial act was performed using audio-video communication technology.
  • The notary must comply with the Colorado Secretary of State Rules regarding the audio-video recording of the notarial act and the secure storage of the recording for ten (10) years.
  • The notary must maintain an electronic journal with regard to each Remote Online Notarization. 

This Bulletin is not intended to direct an issuing office’s closing practices or change the provisions of any underwriting agreement.

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.

References

Bulletins Replaced:
None
Related Bulletins:
SLS2020003 UNDERWRITING - Remote Online Notarization
 
SLS2020004 UNDERWRITING - Remote Online Notarization
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None