AffectsAmends Sections 24-21-502, 24-21, 506, 24-21-515, 24-21-519, 24-21-527 of and adds Section 24-21-514.5 to the Colorado Revised Statutes.
AnalysisCulminating a multi-year effort, Colorado has enacted remote notarization. Privacy was and continues to be the single most important issue behind this legislation. In fact, the title of the bill was "Remote Notaries Protect Privacy." The General Assembly and stakeholders wanted rigorous protections for the personal information that would be exposed to and potentially stored in a technology system that faciliated remote notarization. For the specific privacy provisions in the bill, see the summary under "Remote Notarization System Approval" #3. In addition, the law also requires a Notary to proactively inform a customer that the remote notarization will be recorded and obtain the customer's specific consent before proceeding. In other respects, Colorado's enactment mirrors the rules put in place by other states. The bill is based upon the NNA's Model Electronic Notarization Act in many respects, but it also pulls in provisions for performing notarial acts for remotely located individuals from the Uniform Law Commission's Revised Uniform Law on Notarial Acts. The permanent remote notarization provisions take effect on December 31, 2020, but in the interim, the bill provides that the "remote ink-signed notarization" provisions in the Governor's COVID-19 executive order will be effective until then.
Read Senate Bill 20-096.