New York is Now Allowing Remote Notarization

New York is Allowing Remote Notarization

That’s right. New York is now allowing remote notarization. Effective February 01, 2023, any notary in New York notaries can execute service to a document. But, you will have to register as such with NY state. And, of course, they will have to pay a fee to the state. However, there are some directives in the new law. Explicitly, we recommend that you visit the New York State Division of Licensing Services to read their latest update. So, if you think that you want to become a notary public in New York, this is an important topic.

We believe, that in time,  remote notarization will become more prevalent. As a result, the need for Remote Notaries will likely diminish. Just as the horse and buggy became obsolete with the advent of the automobile, so too will mobile notary service eventually fall by the wayside and replaced by the continual advancement of technology. Feel free to read our article about frequently asked questions about remote notarizations.

Conditions for Remote Notarization

1. Notwithstanding, The notary can’t notarize the document if he or she is physically in another state. They have to physically be in New York. That doesn’t mean that the signer has to be in New York. They can be in any state.
2. There two ways to sign documents:
   1) By Electronic Signature: The ESIGN Act defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign a record.” To read the entire act, you can download it here. Download ESIGN Act 
   2) By Wet Signature: We already know that a wet signature is an action of signing a paper document with a pen. With a wet signature situation, you can use a company like DocuSign to send the document. This way you are delivering the instrument to the signer safely.
3. With remote notarization both the notary and the constituent must connect via computer AV technology like Zoom, Skype, etc. Chiefly, only if the technology used has proper security procedures.
4. The notary still needs to establish the signer’s identity. This is easily accomplished by personal knowledge, by oath, by a credible witness, or by verifying accepted I.D.
5. Any remote notarial act must be recorded and saved for a period of ten years.
6. All remote notarial acts must be recorded in a journal of “remote notarization.”
7. Any document sent electronically which is notarized by remote is considered an original document.

Yes, New York is now allowing remote notarization. But, this does not include healthcare proxies or power of attorney. As we stated, remote notarization will become more prevelant in the future.

By the way,  we offer training to help you pass the New York notary exam. Please review our other blog articles at: https://www.notarynewyork.org