NEW NOTARY RESOLUTION
A new law, NY Executive Law § 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 February 1, 2023.
After January 31, 2023, 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 require all notaries, including those who only provide traditional in-person services, to keep a 10-year journal of all notarial acts performed, including the type of identification provided.
That provision went into effect Wednesday, January 25, 2023. Electronic notaries must maintain a journal of all notarial acts as well as an audio and 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, which involves a third party verifying a signer's identity by reviewing personal information from public and proprietary data sources. Alternatively, the identification could be based on an oath taken by a witness who knows the signer. The notary must be able to see and interact in real time with the signer. Security protocols must be in place to prevent unauthorized access to communications technology.
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.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
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