Maine Gov. Janet Mills authorized remote notarization, specifying that the order does not authorize electronic notarization.
“All requirements under Maine law pertaining to the taking of sworn statements and acknowledgments by notaries and those authorized to perform notarial acts, other than the requirement to appear in person, remain in effect during the effective period of this order,” the order states.
It suspends the requirement that the notary be in the physical presence of the signatory as long as the following provisions are met. The notary must be physically located in Maine while performing the notarial act and must follow any additional guidance for remote notarization issued by the Maine Secretary of State.
The notarization may be completed remotely via two-way audio-video communication technology, as long as the technology allows direct contemporaneous interaction between the individual signing the document, the notary and any witness by sight and sound in real time.
The signatory must be reasonably identified by the notary by being personally known to the notary; presenting a valid photo identification to the notary during the video conference; or the oath or affirmation of a witness who is either in the physical presence of the notary or the signatory or is able to communicate with the signatory and the notary simultaneously by sight and sound through an electronic device or process at the time of the notarization, if the witness has personal knowledge of the individual and has been reasonably identified by the notary.
The signatory must attest to being physically located in Maine and affirmatively state the name of the county in which the signatory is located at the time of execution during the two-way audio-video communication. The notary and any witness also must attest to being physically located in Maine during the two-way audio-video communication.
“Before any documents are signed, the notary must be able to view by camera the entire space in which the signatory and any witness is located, and any person who is present in those spaces must state their name while on video and in clear view of the notary,” the order states.
The signatory then must state what document he or she is signing and the notary must be provided with a copy of the document prior to the signing. The signatory must show each page being witnessed to the notary and any witness in a means clearly legible to the notary and initialed by the signatory in the presence of the notary and any witness.
“The act of signing and initialing must be captured sufficiently up close on the two-way audio-video communication for the notary to observe,” the order states.
The signatory must transmit by fax or electronic means, a legible copy of the entire signed document directly to the notary and any witness, within 24 hours after the signatory’s execution of the document. The signatory then must send the original signed document directly to the witness within 48 hours after the signatory’s execution of the document, or to the notary if no witness is involved.
“Within 48 hours after receiving the original document from the signatory, the witness must sign it and sent to the second witness, if any, or to the notary if no other witness is involved. The official date and time of each witness's signature shall be the date and time when the witness witnesses the signatory’s signature via the two-way audio-video communication technology,” the order states.
“Upon review of the original document and satisfactory comparison with the faxed or electronic document provided on the date of signing, the notary shall notarize the original document within 48 hours of receipt thereof, and the official date and time of the notarization shall be the date and time when the notary witnessed the signature via the two-way audio-video technology and shall add the following language below the notary and or witness signature lines: ‘Notarized (and/or Witnessed) remotely, in accordance with Executive Order 37 FY 19/20,’ ” the order continued.
The notary must preserve the recording of the notarization for at least five years from the date of the notarial act and provide a copy of the recording to the signatory and the secretary of state upon request.
The order does not require notaries to perform remote notarizations.
“The validity and recognition of a notarization or witness under this order shall not prevent an aggrieved person from seeking to invalidate a record or transaction that is the subject of a notarization or from seeking other remedies based on state or federal law other than this order for any reason not addressed in this order, such as incapacity, absence of authority or undue influence,” the order states.