37 States Now Have RON Legislation

Illinois, New Jersey and Oregon became the latest states to pass remote online notarization legislation. There are now 37 states that allow this type of digital closing. Legislation in New York and New Hampshire is pending, while awaiting the signature of each state’s governor.

The number of title and settlement companies offering digital closings increased 228% compared to 2019, according to ALTA’s 2021 Digital Closing Survey. The survey of 300 title professionals showed that 46% offered digital closings in 2020 during the COVID-19 pandemic. Prior to the health crisis, a 2019 survey showed that 14% of companies offered digital closings two years ago.

ALTA continues to support the bipartisan Securing and Enabling Commerce Using Remote and Electronic Notarization Act (SECURE Notarization Act), which has been reintroduced in the House and Senate. The bill would permit immediate nationwide use of RON, create national minimum standards for its use and provide certainty for the interstate recognition of RON. The SECURE Act would complement existing state laws and follow similar structure of state/federal legislation like the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). The bill does not preempt state laws that adhere to minimum uniform consumer protections, such as laws based on the 2018 Revised Uniform Law on Notarial Acts. The also doesn’t impact state law on testamentary wills and trusts or the practice of law.

Here are links to the bills in the states that recently passed the legislation:

• Illinois
• New Jersey
• Oregon
• New York
• New Hampshire