News 08 Jan. 2021
Curtis Adds Africa Insider and Corporate Partner Kalidou Gadio in the U.S.
News 18 Nov. 2020
Libya Obtains Historic Victory in Setting Aside of EUR452 Million Arbitral Award
News 15 Dec. 2020
Kazakhstan Secures US$1.9 Billion in Settlement of Arbitral Dispute
News 26 Feb. 2020
Curtis Secures Comprehensive Victory for the Republic of Kazakhstan’s Committee of Roads
Event 05 Jan. 2021
Partner Robert Honeywell participates in Fundación Fide panel on U.S. and Spanish Insolvency Systems
News 20 Dec. 2020
Curtis Counsel Fuad Zarbiyev Nominated for Membership in International Law Commission
News 17 Dec. 2020
Partner Antonio Prida and Associate Irene Cuellar Publish Article on Mexico Potentially Incorporating The UNCITRAL Model Law and The Singapore Convention into National Legislation
Article 11 Dec. 2020
Partners Rodrigo Valverde and Santiago Corcuera, and Associate Irene Cuellar, Author Mexico Chapter in INSOL International’s “Treatment of Secured Claims in Insolvency and Pre-Insolvency Proceedings II”
Client Alert 13 Jan. 2021
The U.S. Court of Appeals for the Ninth Circuit Upholds Qatar’s Sovereign Immunity in Cyberespionage Case
Event 09 Jan. 2021
Partner Charles Howland Serves as Judge for the Stetson International Environmental Moot Court Competition
Client Alert 30 Dec. 2020
U.S. Insight: Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: December 30, 2020)
U.S. Insight: Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: December 30, 2020)
The alert is available for download here.
In response to the COVID-19 (novel coronavirus) pandemic, New York State Governor Andrew Cuomo signed Executive Order 202.14 (the “Order”) on April 7, 2020, authorizing virtual witnessing for certain documents, including wills and trusts. The impacted statutes are Estates Powers and Trusts Law (EPTL) 3‑2.1(a)(2), EPTL 3‑2.1(a)(4) and EPTL 7‑1.17, Public Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property Law, and General Obligations Law 5‑1514(9)(b). The Order is currently in effect until May 7, 2020.
The act of virtual witnessing allows individuals to attest to the validity of a signatory’s identity over audio-visual technology. Pursuant to the guidelines issued in the Order, to complete the act of virtual witnessing over video conferencing technology, the signatory and the witness must fulfill the following conditions:
The standards for completing the act of witnessing over audio-visual technology are similar (but not identical) to the standards for virtual notarization which the Governor authorized in Executive Order 202.7 and further clarified in guidelines issued by the New York Department of State on March 25 and March 31, 2020. Curtis’ published update on those virtual notarization guidelines can be found here.
UPDATE: Executive Orders allowing virtual witnessing have been issued monthly since the initial Executive Order, with the most recent renewal on December 30, 2020, which extends virtual witnessing through January 29, 2021.
Attorney advertising. The material contained in this Client Alert is only a general review of the subjects covered and does not constitute legal advice. No legal or business decision should be based on its contents.
Commercial Disputes - Litigation
White Collar Defense and Investigations
Trusts and Estates
Michael S. Schwartz
Robert W. Sheehan
David A. Lappin
+1 212 696 6000