1/6/2023 0 Comments Wet signature![]() ![]() Unfortunately, the bill languishes in the IL Senate Judiciary Committee. The E-Notary Task Force created by the Illinois General Assembly (of which I was a member) submitted a report to the General Assembly advising that RONs (named in the bill as “electronic notarizations”) be allowed and provided recommendations, which became SB 3698. ![]() SB 3698 was filed in March that would allow for remote electronic notarizations. ![]() Illinois, prior to the pandemic, did not allow for either. RONs are where the notarial act is conducted electronically and online using a webcam. Electronic notarizations are those where the notarial act is conducted electronically, without paper, but the parties are required to be physically present. Arizo na, Arkansas, California, Colorado, Delaware, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin all allow for electronic notarizations or remote online notarizations (RON). You may be asking, “But what about documents that must be notarized? Surely, those must be done in person.” No, they do not. The SEC issued a Staff Statement saying that it will advise that no enforcement action be taken against those who do not comply with Rule 302(b) of Regulation S-T, which requires that each signatory to documents electronically filed with the SEC provide a wet signature on the document. The crisis has spurred some movement towards letting go of these wet signature requirements. Further, court orders must still have handwritten signatures. Foreclosure and eviction notices must still have handwritten signatures. Certain family law documents such as adoption or divorce agreements may not be signed electronically. For example, some estates documents, such as will, codicils, and testamentary trusts, are often not permitted to have an eSignature. Further, any printout of the document is considered to be an original document. The Federal Rules of Evidence and the Uniform Rules of Evidence allow for electronic records, with certain exceptions, to be admissible into evidence. These statutes give eSignatures the same legal effect as handwritten signatures and provide that the signature cannot be denied legal effect or enforceability because it is in an electronic form. New York and Illinois (Electronic Commerce Security Act) have their own versions of these statutes. Now, they are nearly impossible.Įlectronic signatures (i.e., an image of a signature, an /s/ before a name on a form, or an “I accept” in an email) and digital signatures (i.e., signatures made with a certificate-based digital ID, unique to the signatory, which is used to demonstrate proof of signing), both also known as eSignatures, are allowed in most instances by way of the Uniform Electronic Transactions Act (UE TA) in most states and the federal Electronic Signatures in Global and National Commerce Act (ESIGN). Even before COVID-19, options to obtain wet signatures were ridiculously inconvenient. The traditional way is for a person to handwrite the signature on the document using a pen and ink, also known as a “wet” signature. Despite 95% of the US population sheltering in place, and at least one-third of the planet’s population under some form of movement restriction business, be it commercial or personal, must continue and documents need to be signed. ![]()
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