The Surety and Fidelity Association of America (SFAA), its members and partners have called on State Governors, state agencies, localities, school districts and other public entities to request acceptance of the electronic execution and delivery of commercial and construction surety bonds.
Some states like Tennessee, Michigan, Illinois, Virginia, and Minnesota have already taken steps to permit electronic execution and delivery in some form, and over 20 states have allowed virtual remote notarization in some form to tackle obstacles in relation with social distance requirements and working remotely.
Where states have enacted a remote notarization law, SFAA is requesting additional action since the majority of establishments are not set up to meet the requirement prior to the COVID-19 pandemic. SFAA is seeking an order interpreting the e-sign statutes in a way that requests state agencies and all other public entities to allow e-signatures and to either waive the notary requirement or allow virtual remote notarization through video conferencing, so that sureties can meet their obligations in a safe manner.
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