Section 54-NEW - [Newly enacted section not yet numbered] Remote acknowledgments(a) As used in this section:(1) "Communication technology" means an electronic device or process that: (A) Allows a commissioner of the Superior Court and a remotely located individual to communicate with each other simultaneously by sight and sound; and(B) When necessary and consistent with other applicable law, facilitates communication between a commissioner of the Superior Court and a remotely located individual who has a vision, hearing or speech impairment.(2) "Identity proofing" means a process or service by which a third person provides a commissioner of the Superior Court with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.(3) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.(4) "Remotely located individual" means an individual who is not in the physical presence of the commissioner of the Superior Court who takes an acknowledgment under subsection (b) of this section.(b) Except as provided in subsection (g) of this section, a document may be acknowledged by an individual who is not in the physical presence of a commissioner of the Superior Court at the time of the acknowledgment if the following requirements are met:(1) The individual and the commissioner of the Superior Court can communicate simultaneously, in real time, by sight and sound using communication technology; and(2) When performing a remote acknowledgment pursuant to the provisions of this section, the commissioner of the Superior Court reasonably identifies the individual at the time of the acknowledgment by one or more of the following methods: (A) Personal knowledge of the identity of the individual;(B) The individual presents a government-issued identification document or record that has not expired and includes the individual's photograph, name and signature. An acceptable form of government-issued identification document or record includes, but is not limited to, a driver's license, government-issued identification card or passport;(C) Not less than two different types of identity proofing processes or services by which a third person provides a means to verify the identity of the individual through a review of public or private data sources; or(D) Oath or affirmation by a credible witness who: (i) Is in the physical presence of either the commissioner of the Superior Court or the individual; or(ii) Is able to communicate in real time with the commissioner of the Superior Court and the individual by sight and sound through an electronic device or process at the time of the acknowledgment, if the credible witness has personal knowledge of the identity of the individual and has been reasonably identified by the commissioner of the Superior Court by a method provided in this section.(c) When an individual who is physically located outside of the state of Connecticut or outside the United States seeks a remote acknowledgment pursuant to subsection (b) of this section, the record being acknowledged shall: (1) Be intended for filing or presentation in a matter before a court, governmental entity, public official or other entity subject to the jurisdiction of the state of Connecticut; or(2) Otherwise not be prohibited by law of the state of Connecticut to be acknowledged outside the state.(d) Once the record acknowledged pursuant to subsection (b) of this section is signed by the individual in accordance with the procedures set forth in this section, the individual shall mail or otherwise cause to be delivered the signed original copy of the record to the commissioner of the Superior Court.(e) The date and time of an acknowledgment conducted pursuant to subsection (b) of this section shall be the date and time when the commissioner of the Superior Court witnessed the signature being performed by means of communication technology.(f) Nothing in this section shall affect the authority of a commissioner of the Superior Court to refuse to take an acknowledgment or require a commissioner of the Superior Court to take an acknowledgment: (1) With respect to an electronic record;(2) For an individual not in the physical presence of the commissioner of the Superior Court; or(3) Using a technology that the commissioner of the Superior Court has not selected.(g) No record shall be acknowledged remotely pursuant to subsection (b) of this section in (1) the making and execution of a will, codicil, trust or trust instrument, (2) the execution of health care instructions pursuant to section 19a-575a of the general statutes, (3) the execution of a designation of a standby guardian pursuant to section 45a-624 of the general statutes, (4) the execution of a designation of a person for decision-making and certain rights and obligations pursuant to section 1-56r of the general statutes, (5) the execution of a living will, as defined in section 19a-570 of the general statutes, (6) the execution of a power of attorney, as defined in section 1-350a of the general statutes, (7) the execution of a self-proving affidavit for an appointment of a health care representative or for a living will under sections 1-56r and 19a-578 of the general statutes, (8) the execution of a mutual distribution agreement under section 45a-433 of the general statutes, (9) the execution of a disclaimer under section 45a-579 or 45a-583 of the general statutes, or (10) a real estate closing, as defined in section 51-88a of the general statutes. The performance of any such acknowledgment in connection with any of the acts described in this subsection shall be ineffective for any purpose and shall constitute a violation of section 51-88 of the general statutes.Conn. Gen. Stat. § 54-NEW
Added by P.A. 24-0108,S. 26 of the Connecticut Acts of the 2024 Regular Session, eff. 10/1/2024.