Bulletin: CO2020001

Dear Associates:

On March 27, 2020, Governor Polis issued Executive Order D 2020 019 which temporarily suspended the Personal Appearance requirement for notarization as set forth in C.R.S. § 24-21-506. The Executive Order also authorized the Colorado Secretary of State to promulgate temporary rules allowing for notarizations by way of real-time audio-video communication technology. The Colorado Secretary of State adopted those Temporary Rules on March 30, 2020.

Stewart is committed to our partners and providing solutions to allow agents and Stewart Issuing Offices to continue closing and insuring transactions. Given the uncertainty of how COVID-19 may impact real estate transactions, and in the interest of providing our Issuing Offices the tools necessary to provide service to their customers, we are implementing the following procedures, outlined below, which are EFFECTIVE until April 26, 2020.

Please note that the manner of audio-video notarization allowed by the Temporary Rules is NOT the same as a Remote Online Notarization as described in Stewart Bulletins SLS2020003 and SLS2020004. The Temporary Rules DO NOT authorize Colorado commissioned notaries to conduct Remote Online Notarization.

The Temporary Rules allow currently commissioned Colorado notaries to perform notarial acts for remotely located individuals upon satisfaction of various requirements, which are listed below.

First, the remotely located individual must be physically located within the State of Colorado. The Temporary Rules do not allow Colorado notaries to perform audio-video notarization for individuals outside of the State of Colorado.

Second, the audio-video communication system utilized by the notary must be of the type that provides for real-time audio-video communication such that the parties can see and hear each other substantially simultaneously and without interruption or disconnection.

Third, the audio-video communication system must allow the notary to obtain satisfactory evidence of the identity of the remotely located individual. Satisfactory evidence of identity includes, but is not limited to, a passport, driver’s license or other government-issued identification card as described in C.R.S. § 24-21-507.

Fourth, the audio-video communication system must allow the notary to verify that the notary and any remotely located individuals are viewing the same record and that all signatures, changes or attachments are made in real time.

Fifth, the audio-video communication system must allow for the creation of a clearly viewable audio-video recording of the notarial act and the notary must then securely store and preserve the audio-video recording for a period of ten (10) years pursuant to C.R.S. § 24-21-519.

Sixth, the notary must disclose to the remotely located individual the fact of the recording and the details of its intended storage and the remotely located individual must explicitly consent verbally and in writing to the same.

Seventh, the audio-video recording must also contain a recitation by the notary public of, among other things:

•  The Name of the Notary Public
•  The date and time of the notarial act
•   A description of the document(s) to which the notarial act relates
•  The identity of the remotely located individual whose signature will be the subject of the notarial act

An example script outlining all required recitations from both the notary and remotely located individual is attached.

Eighth, the audio-video recording must also contain a declaration by the remotely located individual that his or her actions before the notary public are knowingly and voluntarily made.

Ninth, after the notarial act is performed, the remotely located individual must transmit a legible copy of the record directly to the notary on the same date that the notarial act took place. Upon receipt, the notary must immediately notarize the record and return a copy to the remotely located individual on the same date that the notarial act took place.

Finally, the certificate of notarial act must indicate that the notarial act was performed using audio-video technology.  A sample notary certificate for use with audio-video notarizations is attached.

The Executive Order and Temporary Rules are effective until April 26, 2020 if not sooner repealed or modified.

Company Policy

During the pendency of the Temporary Rules, issuing offices may perform and accept audio-video notarizations pursuant to the following conditions:

1. The transaction must be a cash sale/purchase; purchase money transaction; or a transaction involving a refinance, either with or without cash-out with a policy amount of $1,000,000 or less. Commercial transactions or transactions for amounts in excess of $1,000,000 may be considered, but the issuing office must obtain specific Stewart Underwriting approval.

2. The manner of audio-video notarization and the audio-video communication system utilized must fully comply with all Colorado Secretary of State Temporary Rules.

3. Before utilizing an audio-video communication system to perform notarial acts, the issuing office must obtain the approval and consent in writing of all parties to the transaction, including any lender. An example written consent form is attached. An email from an institutional lender containing substantially the same language as the written consent form will satisfy this requirement.

A step-by-step explanation of how to conduct an audio-video notarization is attached.

Although the Temporary Rules do not specifically identify any audio-video communication system that fully complies with the rules, there are several platforms which may satisfy the necessary real-time audio-video communication, recording and storage requirements. As a courtesy to issuing offices, below is a list of service providers which offer audio-video communication platforms. Please note that the list is not conclusive, and that Stewart Title Guaranty Company has not vetted and makes no representations regarding the suitability, effectiveness or security of any audio-video communication system.

Microsoft Teams: https://support.office.com/en-us/article/record-a-meeting-in-teams-34dfbe7f-b07d-4a27-b4c6-de62f1348c24

GoToMeeting: https://www.gotomeeting.com/features/online-meeting-recording

Cisco Webex: https://help.webex.com/en-us/nzpa89j/Manage-Cisco-Webex-Meetings-Recordings

This Bulletin is not intended to direct an issuing office’s closing practices or change the provisions of any underwriting agreement. In addition, this Bulletin is not intended to modify or replace the provisions of any other Stewart Bulletin including, but not limited to, Bulletins SLS2020003 and SLS2020004 regarding Remote Online Notarization.

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.