Bulletin: LA2020002

Dear Associates:

On March 26, 2020, Louisiana Governor John Bel Edwards issued Proclamation Number 37 JBE 2020. For your convenience, the Order may be viewed by clicking here. This Proclamation relates in Section 6 to remote online notarization and the affixing of digital electronic signatures. Significantly, the Proclamation permits a notarial officer commissioned under the laws of Louisiana 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 must have the ability to retain and reproduce 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 for a minimum of ten years. Further, once the documents are signed pursuant to this order, a “tangible” copy of the documents cannot be refused for recordation by the recorder (as used in L. C. C. 3344) and they cannot refuse to record a tangible copy of an electronic record, except for testaments, trust instruments, donations inter vivos, matrimonial agreements, acts modifying, waiving or extinguishing an obligation of final spousal support and authentic acts. The notary must certify to the recorder that the tangible copy is an accurate copy of the electronic record.

Since most links in a chain of title which Stewart insures in Louisiana are in the format of “authentic” acts within the meaning of the civil law it seems that the Proclamation excludes most of the documents needed to establish title.

An issuing office is authorized to insure transactions where documents have been notarized pursuant to the Proclamation so long as the notarization fully complies with the conditions set forth therein, and does not rely on any of the documents excluded in the Proclamation. Should you have any questions whether a particular transaction where documents were notarized via a remote on-line notary process, or if requested to insure a title which relies on the recordation of an “authentic” act, you should first consult a Stewart Underwriter.

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.