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Ex. AGY-ST-DMV-SOS-RECORDERS-046 Order Primary source read

Executive Order No. 20-13

Coronavirus - Accelerating Online Notary Access and Financial Institutions Regulatory Flexibility

Governor Pete Ricketts · Nebraska (Governor; Secretary of State; Department of Banking and Finance) (State)

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The COVID Project

The record

Jurisdiction
Nebraska (Governor; Secretary of State; Department of Banking and Finance) · Nebraska
Level
State
Authority
Neb. Rev. Stat. sec. 81-829.40 (Emergency Management Act); Neb. Rev. Stat. sec. 84-901.04 (emergency regulations); Secretary of State Emergency Regulation, 433 Neb. Admin. Code ch. 9 (April 2, 2020)
Issued
2020-04-01 Apr. 1, 2020
Effective
2020-04-02 (Secretary of State's emergency regulation authorized to carry out the Act 'commencing on April 2, 2020, and ending on June 30, 2020') (read as 2020-04-02)
End
The operative-date waiver was overtaken by the Act's July 1, 2020 effective date; the banking waivers ran to 30 days after the emergency; the order was rescinded June 1, 2021 (Nebraska State file. (read as 2020-07-01)
In force
Apr. 2, 2020 to July 1, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Courts and public officesOther
Addressees
  • Secretary of State
  • commissioned notaries
  • Department of Banking and Finance
  • banks, credit unions and installment loan companies
Functions reached
  • CL real estate closings and bank loan documents (recital)
  • BR bank examinations and cash counts (financial services)
  • OF
  • CB
Collection
State motor-vehicle offices, secretaries of state and recorders AGY-ST-DMV-SOS-RECORDERS

Operative words

WHEREAS, to complete a notarial act, a notary and a principal must be physically present together in order for the notary to properly notarize documents, including real estate closing papers, bank loans, and other legal documents;... 1. The July 1, 2020, operative date for the Online Notary Public Act, set forth in 2019 Neb. Laws, LB 186 section 27 (to be codified at Neb. Rev. Stat. sec. 64-401 through sec. 64-418) is waived so that the Secretary of State can immediately commence implementation of the Act; and 2. The requirements in Title 45 Nebraska Administrative Code Chapter 24 sec. 001.09 which require submission of an annual Director's Examination within 90 days of the calendar year end... are waived until 30 days after the lifting of the COVID-19 state of emergency; and 3. The requirements... which require bank directors or an accountant to be physically present in order to carry out the regulation to count cash [are] waived

Enforcement

Neb. Rev. Stat. sec. 81-829.40 (force and effect of law)

Notes

The recital is the Governor's own statement of the mechanism: without remote notarization, 'real estate closing papers, bank loans, and other legal documents' required physical presence during the emergency.

Retrieval note

This exhibit is the library's copy, read and quoted here.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.