Bulletin: NH2020003

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Bulletin: NH2020003

Bulletin Document
V 2
Date: March 24, 2020
To: All New Hampshire Issuing Offices
RE: UNDERWRITING - Temporary Authority to Perform Remote Online Notarization

This Bulletin has been replaced by Bulletin NH2021001.

On March 23, 2020, NH Governor Christopher Sununu issued Emergency Order #11 Pursuant to Executive Order 2020-04. For your convenience, the Order may be viewed by clicking on this link. This Order relates to remote online notarization and not electronic signatures or execution. Significantly, the Order permits a notarial officer commissioned under the laws of New Hampshire to perform a notarization for an individual not in the physical presence of a notary if certain conditions are met. The Order requires both the individual signer and the notary have audio and visual capability and the notary or the notary’s agent must have the ability to record the audio/visual performance of the notarization. The Order provides three different options for the notarial officer to prove the identity of the signer. The audio/visual recording must be retained and there are guidelines as to the retention time frame stated within the Order. Further, once the documents are signed, the signed copy of the documents must be mailed to the notarial officer for certification and execution with the notarial officer’s signature and official stamp. 

An issuing office is authorized to insure transactions where documents have been notarized pursuant to the Order so long as the notarization fully complies with the conditions set forth therein.  

Should you have any questions whether a particular transaction where documents were notarized via a remote on-line notary process, please contact your New Hampshire underwriter, Michelle Radie-Coffin at michelle.radiecoffin@stewart.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.


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