Spousal Consent in the Time of Social Distancing

Has anyone yet come up with a creative solution to the problem of obtaining spousal consent for a distribution when a) our offices are shut down for the foreseeable future and b) participants and spouses are reluctant to leave their homes to see a Notary?  Zoom-witnessed signatures with identification, for example?

Whether a plan’s administrator relies on or refuses a qualified election, spouse’s consent, and notarial act is in the administrator’s discretion.

About whether someone tries creative means to do a notarial act:

National

S. 3533 A bill to authorize and establish minimum standards for electronic and remote notarizations that occur in or affect interstate commerce, to require any Federal court located in a State to recognize notarizations performed by a notary public commissioned by another State when the notarization occurs in or affects interstate commerce, and to require any State to recognize notarizations performed by a notary public commissioned by another State when the notarization occurs in or affects interstate commerce or when the notarization was performed under or relates to a public act, record, or judicial proceeding of the State in which the notary public was commissioned.

As of 03/25/2020 text has not been received for S. 3533.

https://www.congress.gov/bill/116th-congress/senate-bill/3533/text

This idea is not in the pending coronavirus bill.

States

Executive orders:

Connecticut https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7K.pdf

New York https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO%20202.7.pdf

No one knows whether anyone would rely on such a notarial act.

Proposed legislation:

New Jersey https://ils-content.s3.amazonaws.com/COVID-19/NJ+bill+for+remote+notary.pdf

Wow, Peter, thank you very much!

This may be helpful - https://www.notarize.com/blog/washington-adopts-remote-online-notarization

There are several states that already recognize and have remote notary rules. 

Since the earlier post, the NJ bill has now been signed into law.

https://www.archerlaw.com/covid-19-legal-digest-covid-19-and-notarizing-documents-covid-19-and-hippa/

Another resource:

https://www.dlapiper.com/en/us/insights/publications/2020/03/coronavirus-federal-and-state-governments-work-quickly-to-enable-remote-online-notarization/

There is still the "in the physical presence" issue...

Tomorrow’s Federal Register will publish an interim rule in which the Federal Retirement Thrift Investment Board waives a requirement.  But it does nothing for another plan.

Some notaries will officiate if the notary can see and hear the signer, handle documents safely, and use sensible ways to guard against a forgery or alteration.

Nat’l Notary Ass’n, Important Coronavirus Guidance For Signing Agents And Mobile Notaries,

https://www.nationalnotary.org/notary-bulletin/blog/2020/03/notaries-precautions-coronavirus

On 4/16/2020 at 5:33 PM, Peter Gulia said:

Tomorrow’s Federal Register will publish an interim rule in which the Federal Retirement Thrift Investment Board waives a requirement.  But it does nothing for another plan.

 

Some notaries will officiate if the notary can see and hear the signer, handle documents safely, and use sensible ways to guard against a forgery or alteration.

 

Nat’l Notary Ass’n, Important Coronavirus Guidance For Signing Agents And Mobile Notaries,

https://www.nationalnotary.org/notary-bulletin/blog/2020/03/notaries-precautions-coronavirus

 

Late to the party, but Florida law recognizes online notaries as of 1/1/2020.  To do it, you need to be a currently active notary public,  complete and receive certification for a new online education training, and register as an online notary public.

https://dos.myflorida.com/sunbiz/other-services/notaries/remote-online-notary-public/