If you have notarized documents on a regular basis as part of your practice, you are probably like me. Under normal circumstances, you are probably privileged to walk down the hall or drive down the street to your local notary. As a result, you rarely consider the legal requirements for proper attestation and how to obtain attestation in urgent circumstances. However, these are not normal circumstances. In many countries, this is currently not an option for COVID-19.
Lawyers who work in federal courts have long relied on the ability to replace notarized affidavits in federal proceedings with statements. Pursuant to 28 US Code §1746, any affidavit may be met by signing the following statement: "I declare (or certify, review, or declare) under penalty of perjury under the laws of the United States that the foregoing is true and correct. "By law, the words" under the laws of the United States of America "are only required if the declaration is signed outside of the United States.
However, many processes still have to be notarized. Fortunately, most states also accept legalizations that are carried out in accordance with the laws of other states. In California, for example, you can have each document certified by a notary from another state, provided that it complies with the laws of that other state. California Civil Code 1189 (b) (b) ("Any certificate of recognition issued elsewhere is sufficient in that country if it is issued in accordance with the laws of the place where the certificate is issued.").
As it turns out, given the restrictions on personal contact, a number of countries have adopted immediate measures that allow for remote notary exam. The National Notary Association is pursuing this measure and provides a brief overview on its website. Other states already have long-distance notarial services.
Solutions are available through the combination of international certification and emergency measures in almost half of the states. For example, a California-based notary may have an Ohio-based notary notary publicly videoconferencing documents online under revised Ohio code 147.64. All you have to do is make the document available to the notary and the notary will walk you through the entire process, much as it would personally.
For companies and companies with a broad presence in the USA, such solutions can mean an almost normal business.