AnalysisWe are reporting on Oklahoma Senate Bill 2038 because it removes the notarization requirement. In Oklahoma, car titles must be notarized when a vehicle changes ownership. If, however, the transfer is to an insurer as a result of a settlement of a claim of total loss, Senate Bill 2038 dispenses with the notarization requirement. Instead, it allows electronic signatures to be used to sign the applicable documents, which include powers of attorney and odometer statements, and could possibly apply to other documents as well. As long as the electronic signatures comply with Section 15-109 of the Uniform Electronic Transactions Act (UETA), the transfer of the damaged vehicle can take place without a notarial act. Section 15-109 of the UETA requires an electronic signature to be attributable to a person. Had Senate Bill 2038 pointed to Section 15-111 — which authorizes notarial officers to use electronic signatures — an electronic notarial act would have been required to replace the one previously performed on paper.
Read Senate Bill 2038.