Notary Changes Come to New York

Q: My friend who lives out of state keeps a notary log of everything that she notarizes. I am a notary in New York. Does this apply to me?

A: New York recently passed legislation that includes significant changes to the rules governing notarization. The most exciting change is that New York finally is allowing electronic notarization. The new law also comes with stricter record-keeping for traditional in-person notarization.

During the height of pandemic, Governor Cuomo signed an Emergency Order allowing temporary remote notarization. This emergency measure was recently made permanent to allow remote notary services, but with more oversight. The new law requires that every notary register with the Department of State to become authorized to provide remote notary. After registering, the notary must use software that complies with DOS regulations. A notary may perform electronic notarizations so long as the notary public is physically located within New York state. The signer can be anywhere in the world, so long as there is a nexus with the United States. The notary must identify the remote signer through one of the following methods:

(1) personal knowledge of the signer;

(2) by means of communication technology that allows the remote signer to present an official, acceptable form of ID; or

(3) oath or affirmation of a witness who knows the signer and whose identification is similarly established via communication technology.

Additionally, the notary must be able to see and interact, in real-time, with the remote signer through audio-visual communication technology. The notary must retain the audio-visual recording of the electronic notarization for at least 10 years.

Another significant change of the law is the new record keeping requirements for all notaries, including traditional in-person services. All notaries must now keep a journal of all notarial acts for a least of ten years. They must be able to produce the journal to the Secretary of State and others as necessary. For each notarial act the notary must keep a record of the following information:

1. The date, time, and type of notarial act performed;

2. The name and address of the signer;

3. The number and type of notarial services provided;

4. The type of credential used to identify the signer (and, if applicable, the names of any witnesses and type of credential used to identify them); and

5. The verification procedures used for any personal appearance before the notary public.

Unlike the coronavirus executive order, remote witnessing is not allowed under the new law. Although some estate planning documents can be done remotely under the new law, others still require witnesses.

Brittni Sullivan, Esq. and Dylan Stevens, Esq. are attorneys at Burner Law Group, P.C. focusing their practice areas on Estate Planning and Elder Law. Burner Law Group P.C. serves clients from Manhattan to the east end of Long Island with offices located in East Setauket, Westhampton Beach, New York City and East Hampton.