Bulletin: NH2021002

Date:
August 23, 2021
To:
All New Hampshire Issuing Offices
RE:
UNDERWRITING - Remote Online Notarization (“RON”)

Dear Associates: 

Governor Sununu has signed Senate Bill 134-FN into law on August 10, 2021. This bill modifies the law concerning notaries (NH RSA 455:3) and notarial acts (NH RSA 456-B); and authorizes electronic signatures. In addition, the bill created a new section (NH RSA 478-A) the Uniform Real Property Electronic Recording Act (“URPERA”). The new law states that it will be effective 180 days after enactment.

The law gives the Secretary of State the power to adopt rules and regulations pursuant to the "Administrative Procedure Act” (NH RSA 541-A) regarding the performance of a notarial act. Specifically, the Secretary of State will develop the standards necessary for a notary to conduct a remote online notarization. Therefore, until a registration system and list of communication technologies are approved by the Secretary of State and the law goes into effect, a New Hampshire notary public will not be able to perform remote online notarization. When information becomes available, we will provide further underwriting guidance.

For a full text of the bill please follow the link below. Please note that this is an omnibus bill with many unrelated sections, the section pertaining to RON is in Part II of the bill. 

https://legiscan.com/NH/text/SB134/id/2415930/New_Hampshire-2021-SB134-Amended.html

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

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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:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None