Bulletin: IN2019001

Date:
March 27, 2019
To:
All Indiana Issuing Offices
RE:
UNDERWRITING - Remote Online Notarization (RON)

Dear Associates:

In 2018, Indiana passed legislation (P.L.59-2018,) that authorizes remote online notarizations (“RON”) in Indiana pursuant to IC 33-42-9-17 Remote Notarial Acts. The effective date of the legislation is July 1, 2019, and requires the Indiana Secretary of State (“SOS”) to adopt rules and regulation for implementation of RON in Indiana.  

The SOS is engaged in the rulemaking process, but it is incomplete. In the 2019 Legislative Session, H.B. 1487 is pending (Status: passed on 3rd reading in Senate) to amend several aspects of the Notarial law, and to extend the effective date of RON to:

the earlier of:       

(1) The effective date of rules adopted under IC 33-42-16-2; or
(2) July 1, 2020.

[Proposed change to IC 33-42-17-1]

The delayed implementation period provides time for the SOS to comply with the statutory requirement to adopt rules necessary to implement and maintain standards for remote online notarizations and remote online notaries public; technology platforms; and other processes and procedures necessary to carry out the mandates of the Notarial law. 

This bulletin will be updated when the SOS has adopted its rules and/or any other changes to the Indiana Notarial Acts. 

NOTE: You may continue to recognize a remote online notarization performed in another jurisdiction which authorizes RON; affects Indiana real estate, and for counties that accept instruments for eRecording. 

Prior to doing so you must review and comply with the provisions contained in Stewart Bulletin SLS2018003 linked below. 

REMINDER: Review Stewart Bulletin IN2009002 (link below) regarding the IN Dept. of Insurance (“IDOI”) licensing requirements and IDOI Bulletin 135 for the definition of a person who conducts an Indiana real estate closing. 

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
IN2009002 Licensing Requirements for Persons Who Conduct Real Estate Closings Involving Indiana Property
 
SLS2018003 UNDERWRITING - Remote Online Notarization
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None