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Here are a few things you should know:
Special notary license required:
A notary must file an application and register with the Secretary of State for authorization to perform electronic notarizations. The notary’s license will be reissued, and the notary will be given a new registration number.
Location of the notary and signer:
The notary must be physically located in New York State. The signer may be located out of the state or in another country, but the document to be notarized must relate to a New York matter.
Form of acknowledgement:
The usual New York form of acknowledgement must be used, together with the following notation: “This remote notarial act involved the use of communication technology.”
Use of communication technology:
The notary must use communication technology to identify the signer through credential analysis in which a third-party service validates a government issued identification presented by the signer. The third-party service confirms the identity of a signer by reviewing personal information from public and proprietary data sources. The notary must be able to see and interact with the signer in real time. A record of the audio and visual transaction must be maintained for 10 years and must be secured against unauthorized access.
Recording documents that are remotely notarized:
In order to be recorded in the County Clerk’s office, the document must use the statutory New York form of acknowledgement and must be “papered out.” Papering out is a process by which the remote notary executes an ink-signed paper certificate certifying that the attached document is an accurate copy of the document that was electronically notarized. This ink-signed certificate must be attached to the electronic document and returned to the signer. The papered-out document can then be recorded.
Fees:
An electronic notary may charge up to $25 per electronic notarial act, plus $2 for a certificate of authenticity per document (papering out).
Limitations:
Remote notarization is not valid for powers of attorney or wills.
The Bottom Line:
The law allowing remote online notarization became effective on February 1, 2023. Most of the online platforms are not yet compliant with the technology requirements of the New York law. Also, the Secretary of State’s office is still working the bugs out of its system for appointing remote notaries. So it may still be a while before remote notarization becomes readily available in New York. I will keep you advised of developments and options as they become available.
Click here for information about how to apply to become a remote notary and other frequently asked questions.
If you have any questions about remote notarization in New York, contact me at SMaggiola@CaticTitle.com.
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