Remote notarization is a form of notarization where the notary officiates the document remotely through audio-visual technology.
The new law takes effect on June 20, 2022.
To provide a remote notarization, the notary public must be physically located within the State of New York at the time of the notarization. The notary identifies the remote signor using one of three methods:
the notary’s personal knowledge of the signor;
through communication technology that facilitates remote presentation by the signor of an official, acceptable form of ID, credential analysis, and identity proofing; or through oath or affirmation of a credible witness who personally knows the signor, and who is either personally known to the notary or identified by the previously referenced means of communication technology.
Commercial software is available to notaries public to perform identify proofing and credential analysis.
Regardless of the method used to confirm the identity of the signor, the notary must be able to see and interact, in real-time, with the remote signor of the document through audio-visual communication technology. This technology must have security protocols in place to prevent unauthorized access. The notary must make and keep an audio-visual recording of the remote notarization, and ensure that there is a back-up of the recording.
After the remote signor has executed the document, it must be transmitted to the notary public for officiating. The notary must confirm that the document is the same as the one signed remotely in the notary public’s presence before applying the notary stamp and signature to the document. The following statement must be added to the jurat “This remote notarial act involved the use of communication technology.”
Credential analysis validates the authenticity of the principal’s government-issued identification, and identity proofing validates the identity of the individual principal.
A recording, containing both audio and video, of the remote notarization must be retained by the notary for at least ten (10) years. The notary must take reasonable steps to ensure a backup recording of the remote notarization exists and is secured from unauthorized use. The notary may authorize a third party to retain the recordings on behalf of the notary, provided that all recordings retained by a third party be made available to the New York Secretary of State upon request.
Effective January 31, 2023, any notary wishing to provide remote notarization, must register the capability to perform electronic notarizations with the New York State Department of State.