SPECIAL REPORT: Interim Authority to Execute Certain Legal Documents During the COVID-19 Pandemic
Remotely Executing Legal Documents
Even during these turbulent times, it is sometimes necessary to move forward with executing critical legal documents. To allow for do this, even for those that require the signatory (the individual signing the document) to do so in the presence of a Notary Public, or in the presence of witnesses, Governor JB Pritzker issued Executive Order No. 2020-14 on March 26, 2020 to help ease the burden of executing such documents while honoring social distancing. For the duration of the Gubernatorial Disaster Proclamation related to the outbreak of COVID-19, legal documents (including deeds, Wills, trusts, powers of attorney for health care, and powers of attorney for property) may be executed remotely via two-way audio-video conferencing. The documents may be signed in counterparts by the witness(es) and signatory. However, please be aware that documents that expressly prohibit electronic signatures or signatures in counterpart are exempt from this Executive Order.
Remote Notaries
The Secretary of State and Governor JB Pritzker agreed to temporarily allow Illinois notaries public the authority to perform remote, online notarizations during the COVID-19 crisis under the governor’s executive order. Notaries can now use real-time electronic technologies featuring high quality audio and visual communication under the temporary authority, which is set to expire when the Gubernatorial Disaster Proclamation is rescinded.
Requirements
Under Executive Order No. 2020-14, the requirements for the remote execution/notarization of documents are as follows:
The Notary Public must be commissioned in the State of Illinois.
Witnesses and the Notary Public must be able to see and speak to the signatory.
The audio-video conference must be recorded and preserved by the signatory (or the signatory’s designee) for at least three years.
The signatory, witnesses and the Notary Public must state during the audio-video conference that they are physically within the State of Illinois.
The signatory must state during the audio-video conference what document the signatory is signing.
The witnesses must be shown each page of every document being signed and must be able to clearly see each page of every document.
The signatory must initial each page of every document during the audio-video conference.
The actual signing of the document must be captured closely by the video.
Within 24 hours of signing the document, the signatory must provide via fax or e-mail a legible copy of every signed document in its entirety to each witness.
Within 24 hours of receipt, each witness must sign the transmitted copy of the document as a witness and return the copy to the signatory via fax or e-mail.
If the document requires that the Notary Public certify the appearance of the witnesses, the Notary Public must receive a copy of the signature pages of the document showing the witness signatures on the same date the document is signed by the signatory.
The witness may sign the original executed document as of the date of the original execution by the signatory if the witness received the original executed document as well as the electronically witnessed copy within 30 days from the remote witnessing.
CONTACT:
Andrew J. Annes, Esquire
aannes@satclaw.com
mobile: (312) 246-3110
John W. Campbell, Jr., Esquire
jcampbell@satclaw.com
mobile: (312) 391-3126