Attorneys and paralegals should be aware that remote electronic notarization is now permanent in the State of New York, and notaries who register with the Department of State are now able to perform electronic notarizations.
NY Executive Law 135-c authorizes notaries to perform electronic notarial acts, using software that complies with Department of State regulations to create an electronically generated and saved record. New regulations pertaining to both traditional and electronic notarization have also gone into effect and are codified at 19 NYCRR Ch. V, Sub. Ch. E, Part 182.2-11.
All notaries, whether providing traditional in-person or electronic services, must keep a journal of each notarial act that documents the date, time and type of notarial acts performed; the name and address of involved individuals; and the type of credential and verification procedures used. The notarial journal must be kept for a minimum of 10 years.
This change means that Remote Ink Notarization, or using remote communication technology to generate a paper document, which was used during the pandemic on a temporary basis, is now no longer permitted in New York.
Electronic notarizations may be done remotely only if the notary and signer are communicating simultaneously by sight and sound and using means authorized by the Secretary of State. Notaries performing electronic notarizations must be physically located in the State of New York at the time of the notarization, while signers do not need to be within the state when executing the documents. The signer also may be located outside of the U.S. at the time of notarization, provided the notary verifies, through verbal confirmation by the signer, that the record or document: (i) is to be filed with or related to a matter before a government institution, or (ii) involves property located within the territorial jurisdiction of the U.S. or a transaction connected with the U.S.
Before performing an electronic notarization, the notary must obtain satisfactory evidence of the signer’s identity. This requires that either the notary attest that the signer is personally known to the notary; or the use of a third-party provider to perform identity verification, credential analysis, and identity proofing. Commercial software is available to perform identity verification and proofing and credential analysis, and notaries must select platforms that comply with state requirements.
In addition to providing the ability to communicate in real time, the technology must have security protocols to prevent unauthorized access and link electronic signatures to the notarized record in such a way that subsequent alterations are detectable.
Electronic notaries are allowed to charge up to $25 for each notarial act. The fee may be charged for each notarial act performed during one electronic session.
You can read more about these changes here
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