FALL 2020 RESOURCE Interim Commissioner, Rhoshunda Kelly
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• Executive Order No. 1467: April 6, 2020 (Notaries) o Temporarily modifies 1 Miss. Admin. Code Pt. 5, R. 1.5 for the duration of the State of Emergency and for 14 days thereafter and allows notaries public commissioned under the laws of this State to perform a notarization for a principal not in the physical presence of the notary public provided certain conditions are met. o Provides other temporary guidance regarding electronic signing of documents. • Executive Order No. 1469: April 9, 2020 (Annual Meetings) o Suspends the requirements of Sub-article A of Article 7 of the MS Business Corporation Act, including without limitation, Subsection (b) of Section 79-4-7.01, Subsection (c) of 79-4-7.02 and Subsections (a) and (e) of Section 79-4-7.05 of the MS Business Corporation Act, to the extent that it requires meetings of shareholders to be noticed and held at a physical location in connection with any shareholder meeting that has been scheduled or must occur before June 30, 2020. Allows for meetings to be held by electronic transmission or by electronic video screen communication. Allows for notice of such meetings by website posting and other means reasonable designed to inform all shareholders that such meeting will occur electronically. o Order remains in full force and effect with respect to any meeting duly called and convened in accordance with the MS Business Corporation Act and in reliance upon section above, notwithstanding the lapse of termination of this Executive Order No. 1469. o Authorizes and directs all departments, commissions, agencies, institutions and boards of the State of MS to cooperate in actions and measures taken in response to COVID-19 during the State of Emergency. DBCF has determined that the provisions of this order may be applied to the meeting requirements of Miss. Code Ann. 81-5-45. • Executive Order No. 1474: April 20, 2020 (Driver’s Licenses/IDs) o Suspends the expiration of driver’s licenses and ID cards set to expire between March 14, 2020 and June 30, 2020. o Such licenses and ID cards shall instead expire on August 3, 2020. • Executive Order No. 1477: April 24, 2020 (Statewide Safe-at-Home/Eviction Moratorium) o Suspends evictions in the State of MS. o Does not relieve any individual of the obligation to pay rent, to make mortgage payments, or to comply with all laws or any other obligation that an individual may have, including under tenancy or mortgage. • Executive Order No. 1484: May 14, 2020 (Eviction/Foreclosure Moratorium) o Modifies provisions of Executive Order No. 1477 regarding evictions. Suspension of evictions to sunset at 8:00 a.m. on June 1, 2020. o The expiration of this eviction provision does not affect the moratorium on residential foreclosures for borrowers with federally backed mortgage loans pursuant to Section 4024 of the CARES Act. The Federal Housing Finance Agency (FHFA) announced June 17, 2020 that Fannie Mae and Freddie Mac (the Enterprises) will extend their single-family moratorium on foreclosures and evictions until at least August 31, 2020. The foreclosure moratorium applies to Enterprise-backed, single-family mortgages only. The previous federal moratorium expired on June 30 th . • Executive Order No. 1516 and 1517: August 4, 2020 (Statewide Face Covering Mandate) o Includes an exemption to the face covering requirement that specifically applies to banks. o “Face coverings are not required for the following……Persons in a building or engaged in an activity that utilizes or requires security surveillance or screening (e.g. banking or financial institutions), and only during such times when these persons are under security surveillance or screening.” • Executive Order No. 1518: August 14, 2020 (Extends Statewide Safe Return instituted in Executive Order 1492, as amended and extended by other orders including 1517) o Extends face covering mandate until 8:00 a.m. on Monday, August 31, 2020. o Executive Order 1517 was originally set to expire at 8:00 a.m. on Monday, August 17, 2020.
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