Client Alert: Remote Notarization

State law requires that Deeds, Wills and certain other documents must be executed “in the presences of” witnesses and/or a notary public.  This requirement has been a challenge for many during the current pandemic.  A recent Executive Order allows many documents to be witnessed and notarized remotely using technology provided that all parties are physically located in Connecticut.  The relaxation of standard protocols is being permitted in these extraordinary times but only in accordance with certain procedural requirements.

Technological Requirements

In order to execute your documents remotely, you will need:

Access to a computer with both internet and video capabilities. We will need to watch you sign your document “live.”

  • The ability to return the signed document to me electronically (by email or fax) the same day
  • Photo identification. Yes, even if we know you, we may need to document your identification as part of the remote execution process.

If you have the technology, please contact your attorney to schedule a video conference via Zoom or another video conferencing platform.

Remote Execution Meeting

We are happy to conduct client meetings via Zoom or other video conferencing platforms.  It is always nice to see you even if only by video.  After we have answered your questions and reviewed the documents to be signed, then we will then record the execution ceremony.  (We are required to save the recorded video.)

  • The attorney will make a formal statement including the names of the people in the meeting, the date and time. The attorney may ask you to show your license or other identification to the camera.  (You may wish to cover your license number with your finger or a post-it note.
  • The attorney will then walk you through the documents to be signed, giving you instructions on where to initial or sign as appropriate. Each time you initial or sign you will be asked to show that mark to the camera.
  • If the documents are being notarized, you will be asked to raise your right hand and swear that signing the document is your free act and deed
  • The attorney will then instruct you to send the documents you just signed back to the attorney electronically (by email or fax) and by US mail or other delivery service. Once received, the attorney will attach the remote certification and return the original or copies to you as you request.

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You may have heard about some security issues with video technology.  Please rest assured that we will be conducting any video meetings and execution ceremonies with secure technology.

We at Brody Wilkinson are available to assist you with the remote execution of your documents or when more appropriate, with alternative document execution procedures (such as ‘drive-by’ executions or through-the-window executions).  Please ask your attorney for a signing conference that makes sense for you.

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