What has changed
A new law, NY Executive Law Section 135-c, authorizes notaries to perform electronic notarial acts by registering with the Department of State and complying with new rules. Notaries wishing to provide electronic notary services will be able to register with the Department of State starting on Feb. 1.
After Jan. 31, New York State will no longer allow remote ink notarization. With remote ink notarization, a paper record was created when the notary and the signer were in different locations but using communications software that allowed them to interact. Notaries were allowed to perform their duties through remote ink notarization during the pandemic.
The new rules include a provision requiring all notaries, including those notaries that only provide traditional in-person services, to keep a journal of all notarial acts performed including the type of identification provided, for 10 years. That provision went into effect Wednesday Jan. 25. Electronic notaries must maintain a journal of all notarial acts as well as an audio & video record of all electronic notarial acts performed.
Under the new rules, electronic notarial services may be done remotely online. The notary must be in New York State at the time that the documents are signed but the signer may be out of state.
The notary must know the signer personally or use communications technology to identify the signer through credential analysis in which a third-party service validates a government-issued identification presented by an individual through a review of public and proprietary data sources.
The notary could also use identity proofing in which a third party confirms the identity of a signer by reviewing personal information from public and proprietary data sources. Or the identification could be based on the oath of a witness who knows the signer. The notary must be able to see and interact with the signer in real time. The communications technology must have security protocols in place to prevent unauthorized access.
An electronic notary may charge up to $25 per electronic notarial act. The notary may charge $2 for a certificate of authenticity for any document that has been created through an electronic notarial act.
For more information on how to become an electronic notary and for more details on the rules, visit the Department of State’s website
This bulletin is sent courtesy of CB Title Agency of NY, LLC and NYSBA. This article is for informational purposes only and is not intended to provide legal advice, but rather to provide insight into legal developments and issues that may be useful to our clients and friends. In no circumstance is this article intended to be a full treatment of the above subject matter. Reader is advised to obtain additional information as noted.