Act 95 of 2020 (S.114)

The record

Jurisdiction

Vermont (General Assembly; Secretary of State's Emergency Administrative Rules for Remote Notarial Acts) · Vermont

Level

State

Authority

Vt. Const. ch. II, sec. 6; the Governor's March 13, 2020 declaration of a state of emergency

Issued

2020-04-28 Apr. 28, 2020

Effective

2020-04-28 ('This act shall take effect on passage') (read as 2020-04-28)

End

Sec. 7 'emergency period' ends '30 days after the Governor terminates the state of emergency by declaration' (the emergency ended June 15, 2021; period ended July 15, 2021); secs. 2-3 operate 'during the period that the Emergency Administrative Rules for Remote Notarial Acts... are in effect' (read as 2021-06-15)

In force

Apr. 28, 2020 to June 15, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Courts and public officesOther

Addressees

• notaries public
• principals executing powers of attorney
• grantors of deeds
• town clerks (land records)
• parties filing documents in court

Functions reached

• CL deeds and powers of attorney recorded in town land records
• CT court filings without notarization
• OF law offices
• CB

Collection

State motor-vehicle offices, secretaries of state and recorders AGY-ST-DMV-SOS-RECORDERS

Operative words

(f)(1) During the period that the Emergency Administrative Rules for Remote Notarial Acts issued by the Vermont Secretary of State (the Emergency Rules) are in effect, the witness to a power of attorney signed in conformity with the Emergency Rules and pursuant to this section shall be considered to be in the presence of the principal whether or not the witness is physically present with the principal or the notary. A power of attorney executed pursuant to this subsection may be recorded in the land records.... Sec. 7. (a) As used in this section, 'emergency period' means the period beginning with the Governor's declaration of a state of emergency on March 13, 2020 arising from COVID-19 and ending 30 days after the Governor terminates the state of emergency by declaration. (b) During the emergency period, notwithstanding 4 V.S.A. sec. 27b: (1) A party may file any document that would otherwise require the approval or verification of a notary by filing the document with the following language inserted above the signature and date: 'I declare that the above statement is true and accurate to the best of my knowledge and belief...'

Enforcement

Notes