Capitol Times Newsletter

June 2020 | Vol. 32 | No. 2
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Capitol Times

Editor’s Note: These lead articles appeared in previous issues of Capitol Times. They may be particularly helpful while working remotely.

ELECTRONIC AND REMOTE ONLINE NOTARIZATION

Preserving the Assurances of Notarial Acts

A Guest Article by Kathleen Butler

Since their inception, notarial acts have fulfilled their purpose so reliably that their formalities and core requirements remain virtually unchanged. The same cannot be said for the tools Notaries use to perform their official acts.

Electronic notarization and remote online notarization are transforming traditional notary tools and facilitating document workflows in ways that only electronic transactions can. Electronic notarization, or “e–notarization,” is legal in most jurisdictions across the U.S. Yet most notarizations performed today still involve a paper document, wet–ink signatures, and the notary’s ink–stamp or embossing seal. Thankfully, state enactments of the Uniform Law Commission’s Revised Uniform Law on Notarial Acts (RULONA) and subsequent updates have given electronic notarization a welcome boost.

The 2010 RULONA update unified the treatment of tangible (paper) and electronic documents by incorporating both in the definition of “record” and authorizing notarial acts to be performed on “records,” thus authorizing electronic notarization. Since 2010, there have been multiple state introductions and enactments of RULONA, demonstrating the growing nationwide interest in explicitly authorizing electronic notarization.
Remote online notarization performed for a remotely–located signer present by means of audio–video communications technology is rapidly gaining traction thanks to high interest in its perceived efficiencies and benefits. In the last two legislative sessions alone, 18 states have enacted remote online notarization, a marked increase over the four states that authorized it from 2011 to the end of 2017.

Significantly, the Uniform Law Commission’s 2018 update of the RULONA created a new section authorizing remote online notarization of electronic or paper documents. Because remote online notarization primarily involves electronic documents, electronic notarization is receiving more attention, as well.

Electronic and remote online notarizations give relying parties the same transactional assurances of traditional, “paper” notarial acts — they are simply performed in a different manner.

 

Kathleen ButlerAbout the author:
Kathleen Butler is Executive Director of American Society of Notaries.

E-RECORDING 411
e-Recording

Almost all U.S. states have passed statutes allowing for electronic or e-recording of real estate documents. We are happy to now offer an e-recording service in thousands of counties across the country.

In most cases, e-recording reduces fees and turnaround time for evidence of filing. Because we are able to get an almost immediate evidence of filing or rejection, there is no longer a concern that a filing office or delivery service will misplace an important document. Postage alone on large recording projects can add significant costs – especially if those large boxes are shipped to your service provider, a local filing office, and then back to your desk. As we’ve seen with some Secretary of State filing requirements, it’s possible to imagine a day when real estate documents are required to be electronically transmitted. Take advantage of our e-recording service and ask us if your next filing is eligible!

As we’ve seen with some Secretary of State requirements, it’s not impossible to imagine a day when real estate documents are required to be electronically transmitted. Take advantage of our e-recording service and ask us if your next filing is eligible!

 

 

LEGALIZATIONS VS. APOSTILLES
Legalization is a term used in international law to describe the process of authenticating or certifying a document so that it will be recognized as valid in a foreign country. Legalization creates a chain of authentications, each by a progressively higher government authority, from the country where the document was issued to the embassy or consular office of the country in which the document is to be used. It may sound simple enough, but in practice, legalization can be a complicated sequential process of multiple verifications that can vary by country and government office.
Not all countries, however, require legalization of documents. The Hague Convention is an international treaty, now with over 115 member countries, that specifies the manner through which a document issued in one member country can be certified for legal purposes in each of the other member countries. Certification under the terms of the Hague Convention is called an apostille and is sufficient for acceptance in place of any further legalization processes. The catch, however, is that both countries must be members of the Hague Convention for an apostille to be sufficient.
Whether you need an apostille or legalization, Capitol Services has a dedicated apostille and legalization team with experience working with embassies and consulates. Contact us to help make what can be a timely and complicated process as quick and seamless as possible.

Did You Know?

MANY TAX DUE DATES UNAFFECTED BY PANDEMIC

A handful of states extended their annual report filing deadlines in mid-April and early-May due to the COVID-19 pandemic, but most states are requiring the reports to be filed by their usual deadlines. It is important to remember during these trying times that annual reports are still due.

The consequences of failing to file your annual reports can be significant. These include:

  • Breach or default of duties under financing agreements
  • Loss of right to use your corporate name
  • Tax liens against you for unpaid taxes
  • Voidable contracts if entered into while in bad standing

Are you tired of attempting to keep track of your annual report due dates? Sign up for our Annual Report Management Service (ARMS), and let us manage your filings! ARMS is an auxiliary service offered to companies that have appointed us as their registered agent. We can help take the pain out of annual report compliance.

Events and Happenings

CELEBRATING 42 YEARS

As Capitol Services entered into our 42nd year of business, never in our wildest dreams could we have imagined doing so during a pandemic while socially distanced. Here are a few images we received recently from our employees showing us how they celebrated our big day.

Brittni French
Geoff Alvarez
Kevin Roberts
Jessica Say
(L — R) Top Row: Brittni French (Dover), Geoff Alvarez (Austin), Bottom Row: Kevin Roberts (Tallahassee), Jessica Say (Dover) and daughter, Ember.

A Closer Look with...

Vickie Schulle
VICKIE SCHULLE

1995 · Austin · Support

What’s the longest you’ve ever waited in line for something? What was it?

George Strait tickets.

What is standing between you and your biggest dream?

Money.

If you owned a restaurant, what type of food would you serve?

Burgers.

What band would you love to tour with and be a roadie for?

George Strait’s Ace in the Hole Band.

 


Joe DiGaetano
JOE DIGAETANO

2018 · Austin · Registered Agent

What’s the longest you’ve ever waited in line for something? What was it?

When I was 7 years old I waited for 4 and a half hours to see Beethoven 2. The movie was okay, the dog never really played the piano.

What is standing between you and your biggest dream?

Just myself really; my biggest dream would be to tour the country telling jokes to strangers. But I’ve never stuck with it long enough to get anywhere.

If you owned a restaurant, what type of food would you serve?

Pub food for sure; wings, burgers, chicken fingers, eggrolls with weird fillings, maybe allow people to bring in their own salads if they insist. It’s the only atmosphere I ever feel comfortable in. Just the sight of a tablecloth makes me feel like I’m not supposed to be there.

What band would you love to tour with and be a roadie for?

I’m not a huge fan of their music, but I would have to think touring with Mötley Crüe back in the ’80s would have had its moments.

Where's Logo?

SPREADING CHEERS!

Logo with Dana Blankenship who won a drawing for a year of free margaritas in Houston, TX.

Get your good lookin’ self in our newsletter! Just take a photo in your Capitol Services t-shirt on your next trip and share it with us. 

Logo in Houston, TX

 

#CapitolProTip

Remember, due-diligence does not end upon the filing of a UCC financing statement. A search to reflect your lien and ongoing corporate monitoring remain best practices for ensuring the ongoing perfection of your portfolio.

Above and Beyond

Customer service appreciation:

“How could I NOT comment on your always prompt replies to my email requests for assistance. You are one of the most professional people I deal with on a regular basis — hands down. I appreciate prompt, knowledgeable and courteous customer service and you are the best at it.”

— MaryNell C.  – Dallas, TX

Gratitude during a challenging time:

“I know this has been a difficult time for all, but I have not seen anything other than the excellent customer service from Capitol Services that I have become accustomed to. I would especially like to express my gratitude for your Florida team — Kim, David, Tony, and Taylor (hope I’m not missing anyone I’ve worked with). I am extremely appreciative of the service I’ve received from them.”

— Nick G.  – Miami, FL

Partnering through the pandemic:

“Pandemic or not, I could not survive without Capitol Services. Thank YOU!”

— Marcie D.  – Ridgeland, MS

Staying in Touch

What a way to celebrate our 42nd Anniversary. We certainly never would have guessed it would be done remotely with a virtual toast.

A few months ago none of us could have imagined this surreal environment. Now 90% of our employees are working from home, and doing it quite well. Clients have assured us that they’re continuing to receive the outstanding personal service to which they have become accustomed.

We’re still not sure when we will return to our offices full time, or what those offices will look like when we do. One thing is certain, however; it will be vastly different for all of us. Fortunately we remain anchored by a great group of employees who are committed to going Above & Beyond for our clients.

Thank you to all of our clients. We appreciate your continued business. Stay safe!

A trusted nationwide provider of registered agent, corporate, and lien services since 1978.
Albany  |  Austin  |  Baton Rouge  |  Carson City  |  Dover  |  Sacramento  |  Tallahassee

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