Remote Online Notarization Is Here To Stay

You must admit, life has been a lot easier with the passage of temporary electronic notarization during Covid. The signor does not have to rush off to the bank or a storefront with a shingle that says Notary Public inside, in order to timely file or provide at a closing a notarized document. Electronic Notarization, which has been permissible during Covid-19 as a temporary emergency measure has now been approved to be a permanently acceptable means to having a signature on a document legally acknowledged. There are certain qualifications, however this is a major milestone. 

The Notary Public prior to performing electronic notarized acts must register the capability to notarize electronically with the Secretary of State as of January 31, 2023. That gives all you notaries out there, and wannabe notaries, time to read the rules and file the appropriate paperwork. There are certain rules that also must first be complied with. For instance, the notary must be located within the State of New York at the time of notarizing a document by using communication technology regardless of the location of the document signer. This is significant, as the Courts have rejected prior documents that have been notarized while the signor is out of state without attaching a certificate of conformity. Now, all that is necessary is that the notary be present in New York while performing the task, not the signor. The notary must merely be able to see and hear the signor in real-time through the communication technology. A notary journal must also be kept logging each remote notarization, contemporaneous with the act. The journal must be kept by the notary public for as long as they remain a notary and for an additional five years thereafter. A bit overkill if you ask me.

In order to identify the signer, the method is the same as for a paper-based notarization, with a few new methods added to the law.  The bill does, however, require a recording containing both audio and video of the remote online notarization to be retained for ten (10) years, which seems like a lot to digest. The following statement must also be added to the jurat, “This remote notarial act involved the use of communication technology.”

Technology has come a long way and there is no reason why the legal system should not likewise embrace those advancements.  Recordation of real estate records is entirely dependent upon documents being properly notarized. County Clerks are now required to accept for recording a copy of an electronic record if it has been certified by the notary (the legislation contains sample certification language). This form of notarization, remote online, now permits those homebound or working individuals without time or the means to go to an in-person notary public, the option to use electronic notarization. 

FYI, fees have also increased, which this firm does not currently charge, $5.00 per notary performing remote notarization and up to $2.00 per act for hard copy, in-person notarizations. On January 31, 2023, some rules for remote notarization will change, so tune in.

Now with these modern advancements, a smooth, swift and comfortable transaction can occur with the Team at SDK Heiberger, LLP.

For further facts, read: https://dos.ny.gov/notary-public#remote-notarization-faqs
The Law, as recently signed by the Governor: S7780 (nysenate.gov)