Bulletin: CO2021001

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.

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