Bulletin: WV2021001

Date:
October 13, 2021
To:
All West Virginia Issuing Offices
RE:
LEGISLATIVE UPDATE- Senate Bill 469 Authorizing Remote Online Notarization (RON)

Dear Associates:

The West Virginia Legislature passed Senate Bill 469, which became effective June 17, 2021. This Bill revised Article 4 of the Uniform Law on Notarial Acts, which amended and reenacted Code Section 39-4-6 and added two new code sections 39-4-6a and 39-4-37 relating to Remote Online Notarization (RON).

Among other things, there are changes relating to personal appearance required for notarial acts and requiring the Secretary of State to propose legislative rules establishing requirements for performance of a notarial act on behalf of an individual appearing before a notary public by means of communication technology. Please review the reenacted and revised statutes below for procedures and requirements to be followed in utilizing RON, along with the other statutes contained in the Uniform Law on Notarial Acts.

To utilize RON, an approved Stewart Provider Platform must be utilized. Please refer to Virtual Underwriter, www.vuwriter.com, for a current list of approved RON vendors and platforms and additional resources. Please also review Stewart Bulletins SLS2020003 and SLS2020004 for further requirements regarding RON usage and insurability of same.

  • §39-4-6. Personal appearance required. 
  • §39-4-6a. Remote acknowledgements and notarizations under COVID-19 Executive Order deemed valid. 
  • §39-4-37. Remote online notarial act performed for remotely located individual. 

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
 
WV2020001 UNDERWRITING - Temporary RON usage in West Virginia
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None