“EFFECTIVE 1.25.2023, NEW REGULATIONS FOR REMOTE NOTARIZATIONS ARE HERE!”

ROMOTE ONLINE NOTARIZATION

NEW UPDATES ON NOTARIAL PRACTICES

  • Journal Requirement
  • REPEALED Remote Ink-Signed Notarization
  • PAPERING OUT (Cert. of Authenticity)
  • 19 NYCRR, CHAP. V, SUBCHAP E, Part 182
  • NY NOTARIAL FEES

Journal Requirement

Beginning January 25th, 2023, all notaries, including those notaries that only provide traditional in-person services, are required to keep a journal of all notarial acts performed which includes the type of identification provided, for 10 years. Additionally, electronic notaries must maintain a journal of all notarial acts as well as an audio & video record of all electronic notarial acts performed.

The following information must be maintained in the journal?

“Traditional” notary journal must include:

(1)   the date, approximate time, and type of notarial acts performed

(2)   the name and address of any individuals for whom a notarial act was performed

(3)   the number and type of notarial services provided

(4)   the type of credential used to identify the principal, including, for verification made where a notary relies on the oath or affirmation of two witnesses who identify themselves with a valid government issued ID and who know the document signer personally, the names of the witnesses and, if applicable, the type of credential used; and

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

“Electronic” notary journal must include:

(1)   the date, approximate time, and type of notarial acts performed

(2)   the name and address of any individuals for whom a notarial act was performed

(3)   the number and type of notarial services provided

(4)   the type of credential used to identify the principal, including, for verification made where a notary relies on the oath or affirmation of two witnesses who identify themselves with a valid government issued ID and who know the document signer personally, the names of the witnesses and, if applicable, the type of credential used;

(5)   the verification procedures used for any personal appearance before the notary public;

(6)   for electronic notarial acts, identification of the communication technology, certification authority, and verification providers used; and

(7)   an actual audio/video recording of the act.

REPEAL REMOTE Ink-Signed Notarization (RIN)

Remote ink notarization is the performance of a notarial act (not an electronic notarial act) using communication technology, where the notary and the signer are in different locations, to generate a paper document.  This process involves use of communication technology to verify the identity of the document signer followed by electronic transmission of an ink-signed document to the remotely located notary for application of an ink, or wet signature.

However, after January 31, 2023.  During the COVID-19 pandemic, like in many jurisdictions the practice of RIN was authorized by executive order.  After the pandemic, RIN was permitted in New York State by temporary statute (Executive Law section 135-c, “Remote ink notarization”) alongside electronic notarization, subject to standards provided in the temporary law.  On January 31, 2023, only electronic notarization is permitted in New York State, through repeal of Executive Law § 135-c, Remote ink notarization and replacement with Executive Law § 135-c, Electronic notarization.

Papering Out

“Papering out” is a process by which the notary who performed an electronic notary service executes a paper certification (a certificate of authenticity) that a tangible copy of the signature page and document type of an electronic record remotely notarized by such notary public is an accurate copy of such electronic record.  Fee is two ($2) dollars, the definition of a “notarial act” includes preparation of a certificate of authenticity (which is a paper document, not an electronically created document) for any document that has been created through an electronic notarial act. Electronically notarize documents will be accepted by the county clerk or other government offices, through use of the papering out process.  The new law states, in part, “[a] county clerk, city registrar, or other recording officer where applicable shall accept for recording a tangible copy of an electronic record and that is otherwise eligible to be recorded under the laws of this state if the record has been certified by a notary public or other individual authorized to perform a notarial act.” New York Executive Law § 135-c(6)(d)(ii). To be accepted, the notary would first have to certify the electronically notarized document.   New York Executive Law § 135-c(6)(d)(i). Specific questions about filing such documents should be directed toward the filing office where the document will be submitted.

19 NYCRR, CHAP. V, SUBCHAP E, Part 182

What is an Electronic Notarial Act: Are notarial acts performed using software to create an electronically generated and saved record. An electronic notarial act may be done remotely whereby the notary and the signer are physically separated but able to communicate with each other simultaneously by sight and sound using means authorized by the Secretary of State.  Those means are set forth in new regulations which are available at the Public-Notice-Of-Adoption_RON.

NY Notarial Fees

Finally New York State decides to lead the pack in notarial fees. An Electronic Notary may charge up to $25.00 per electronic notarial act performed. The fee may be charged for each notarial act performed during one electronic session. A certificate of authenticity for any document that has been created through an electronic notarial act is a notarial act for which $2.00 may be charged.

Remote Online Notarization Regulations

New York's Remote Online Notarization Regulations are in effect 1.25.2023. Notaries wishing to provide electronic notary service may begin registering with the Department of State as an electronic notary as of February 1st, 2023.

For additional information, and service requests, please contact us at the following.

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