[WSBAPT] Question about remote notary

Mon Apr 6 14:55:14 PDT 2020

To follow up with Candace, since I was previously replying from my cell phone. The only document you can’t have notarized at this time in Florida is a Will, since the statute goes into effect for wills July 1st. 

If anyone has a dire need to have something notarized I can put you in touch with a Florida Notary who uses the Pavaso platform, and take note that the notary can send you an invite so you can be part of the remote session with your client. 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nestor Gorfinkel
Sent: Monday, April 6, 2020 1:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about remote notary

Florida Statute 117.265. The principal can be out of state as long as the notary is physically present in the state of florida.

Nestor Gorfinkel, Esq.- Sent from my Samsung Device

-------- Original message --------

From: Ronda Larson Kramer <ronda at larsonlawpllc.com <mailto:ronda at larsonlawpllc.com> > 

Date: 4/6/20 11:34 (GMT-08:00) 

To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> > 

Subject: Re: [WSBAPT] Question about remote notary 

I can answer one question regarding the tech issue, since I tested SafeDocs to notarize something (I ended up declining to have the notary follow through, though, due to her not being commissioned in WA). The client need only have a computer with camera and mic (e.g., all modern laptops and iPads), and an email address, and then the client just goes to the RON software provider's website and clicks on the links. The website will prompt the client to test the mic and camera on their computer. No need to install special software. (FYI, most RON notaries are commissioned in Virginia, since it was the trailblazer legally in this area).

Nestor, regarding using a Florida notary for RONs startin Jan. 1, is there a bill or something you could cite? All I see when I look at the 2019 bill is this: "(3) An electronic records notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:.." SB 5641, section 1.

  _____  

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Candace Wilkerson <cwilkerson at wongfleming.com <mailto:cwilkerson at wongfleming.com> >
Sent: Monday, April 6, 2020 10:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary 

So, from what I’m reading, we as WA attorneys could send our clients to a remote notary licensed in a different state for signing anything except a will?  Is that correct?  And if so, Maureen Wickert asked about how the documents all sync up in her email; how does that work when they are signed/notarized in two different places?

Finally, does anyone have one of these remote notaries to recommend who could help a client through the whole process (and, as Maureen said, that person would need to have some sort of tech ability to work with the electronic platform).  And does the client have to download the electronic platform onto his or her system?This all sounds a bit complex, but if I could find a notary to recommend, I’d be happy to do so.  

Thanks,

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Nestor Gorfinkel
Sent: Sunday, April 5, 2020 5:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary

You can use a Florida RON notary for any document except  a will as of January 1. The statute for wills goes into effect July 1.

Nestor Gorfinkel, Esq.- Sent from my Samsung Device

-------- Original message --------

From: Ronda Larson Kramer <ronda at larsonlawpllc.com <mailto:ronda at larsonlawpllc.com> > 

Date: 4/4/20 11:52 (GMT-08:00) 

To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> > 

Subject: Re: [WSBAPT] Question about remote notary 

One thing I have recently realized (please correct me if I'm wrong) is that for RON to work, you need not have a Washington notary involved. It seems to me that all our clients need to do right now to execute a power of attorney or deed, etc., is to go online to one of these companies like NotaryCam or Safedocs (that the DOL listed) and have them notarize the document (for a fee of around $25). All their RON notaries for that self-serve option are commissioned in Virginia, which was the first state to authorize RON in 2012. Full faith and credit laws are already existing in most of the states regarding notaries and the federal government apparently is enacting one for RON in the next few days that is nationwide. At least this is what I heard from a webinar by NotaryCam today.

Ronda Larson Kramer

J.D., LL.M in Tax Laws, Owner

LARSON LAW, PLLC

Elder Law, Estate Planning

1700 Cooper Point Rd SW, Bldg A3

Olympia WA 98502

Ph: 360-259-3076

 <mailto:ronda at larsonlawpllc.com> ronda at larsonlawpllc.com

 <http://www.larsonlawpllc.com/> www.larsonlawpllc.com

NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately. Any tax advice contained in this message is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed here.

  _____  

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Ronda Larson Kramer <ronda at larsonlawpllc.com <mailto:ronda at larsonlawpllc.com> >
Sent: Friday, April 3, 2020 4:02 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary 

Correct--the Department of Licensing has not even figured out which companies are approved as the platform for remote online notarization. DOL stated in an email to me yesterday:

Given the immediate effect of the remote notarization, the department has not had time to vet individual companies, however we are aware of the following companies offering remote notarization services. 

•          DocVerify

•          Notarize

•          NotaryCam

•          Pavaso

•          Safedocs

•          SIGNiX

•          Nexsys Clear Sign

Ronda Larson Kramer

J.D., LL.M in Tax Laws, Owner

LARSON LAW, PLLC

Elder Law, Estate Planning

1700 Cooper Point Rd SW, Bldg A3

Olympia WA 98502

Ph: 360-259-3076

 <mailto:ronda at larsonlawpllc.com> ronda at larsonlawpllc.com

 <http://www.larsonlawpllc.com/> www.larsonlawpllc.com

NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately. Any tax advice contained in this message is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed here.

  _____  

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of nestor at pplsweb.com <mailto:nestor at pplsweb.com>  <nestor at pplsweb.com <mailto:nestor at pplsweb.com> >
Sent: Friday, April 3, 2020 12:18 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary 

Quite frankly, when he issued this executive order, I thought there is no way this can be implemented in such a short time for this brief window of use. Unless I am mistaken, did the Department of Licensing’s Notary Public unit approve companies and their platform? Are procedure in place and notaries approved and trained in these platforms?

To me this was a well-intentioned knee jerk reaction not carefully thought out.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Jamia Burns
Sent: Friday, April 3, 2020 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary

You also need a special license from the state specifically for electronic notarization, which requires special software. 

Jamia S. Burns
Attorney at Law - Estate Planning 
360-739-6379
www.jamiaburnslaw.com <http://www.jamiaburnslaw.com> 
jamia at jamiaburnslaw.com <mailto:jamia at jamiaburnslaw.com> 
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Fri, Apr 3, 2020, 11:52 AM Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com> > wrote:

Governor issued order advancing to effective date to now. However if I recall correctly it was only through April 26th. Might be wrong on that.

Sent from my Verizon, Samsung Galaxy smartphone

Get Outlook for Android <https://aka.ms/ghei36> 

  _____  

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of John Yip <johntyip at gmail.com <mailto:johntyip at gmail.com> >
Sent: Friday, April 3, 2020 11:26:39 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>  <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Question about remote notary 

Are remote notarizations (e.g. via teleconferencing, etc.) allowed under Washington State law, and if so, can someone please provide me a cite or link to the authorization?  I found RCW 42.45.280, which allows remote notarizations, but unfortunately, that statute does not take effect until October.

Thanks,

John

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