Governor Cuomo’s Govt Order 202.7 signed on March 19, 2020 approved notaries public to officiate paperwork remotely utilizing what is called Distant Ink Notarization (“RIN”). RIN permits an individual looking for a notary’s providers, utilizing audiovisual expertise, to ink-sign a doc signed at a location totally different from the notary. The ink-sign doc is then scanned and emailed or faxed to the notary who completes the notarial certificates and transmits the executed doc again to the individual whose signature has been acknowledged. This EO, as prolonged, was rescinded efficient June 25, 2021.
On December 22, Governor Hochul signed into legislation Chapter 767 of the Legal guidelines of 2021, efficient 180 days after its enactment, including Part 137-a (“Digital notarization”) to the State’s Govt Legislation, authorizing notaries, registered to take action with New York’s Division of State (“DOS”), to carry out notarial acts utilizing Distant On-line Notarization (“RON”). RON permits an digital signature to be acknowledged and its simultaneous notarization to happen electronically with out the necessity for an ink-signed paper doc. The Governor’s Memorandum approving the laws suggested that additional laws can be enacted to supply the DOS further time to create a system to allow notaries to register to carry out digital notarizations.
Chapter 104 of the Legal guidelines of 2022, amending the Govt Legislation, was enacted on February 24, 2022. Part 1 of the Chapter permits any New York notary public to notarize utilizing both RON or RIN, though the RIN course of differs from that beneath the expired EO. The Part is “efficient instantly” and sunsets on January 31, 2023. Part 2 of the Chapter, reiterating and increasing the textual content of Chapter 767, authorizes a New York notary public to register with the DOS as an “digital notary public.”
Utilizing both RIN and RON, the notary have to be bodily current in New York State, though the individual whose signature is being acknowledged will be out of the state and even out of the country.
Beneath Part 1 of Chapter 104, any New York notary public might notarize for a distant signer who’s bodily positioned in New York, elsewhere inside america, or outdoors america, supplied: “(1) the [document being notarized] is to be filed with or pertains to a matter earlier than a public official or court docket, governmental entity, or different entity topic to the jurisdiction of america; or (2) the [document being notarized] includes property positioned within the territorial jurisdiction of america or includes a transaction considerably involved with america.” For RON, beneath Part 2, these limitations apply solely when the individual whose signature is being acknowledged is outdoors of america.
An entire, detailed rationalization of the necessities of Chapter 104 is past the scope of this Bulletin. The laws (Senate Invoice 7780/Meeting Invoice 8691) could also be obtained at: Invoice Search and Legislative Data | New York State Meeting (nyassembly.gov). However, set forth under are sure notable provisions of the Chapter.
1. Beneath Part 1, the expertise permitting for communication between the individual signing the doc and the notary should permit for his or her “real-time, direct interplay…[and] [a] recording, containing each audio and video, of the distant notarization, have to be retained by the notary public for at the least ten years.” This is applicable to each RIN and RON notarizations beneath Part 1. The notary is required to keep up a journal of every distant notarization. Part 5 of Chapter 104 additional offers that “[a]ny recording, backup of such recording, and journal of a distant notarization made pursuant to Part 1 of this act have to be retained by the notary public for at the least ten years.”
Beneath Part 2, for RON, “the digital notary shall make a copy of the recording of the video and audio conferencing and a notation of the kind of another identification used. The recording shall be maintained for a interval of at the least ten years from the date of” the notarized doc.
2. Part 2, for RON, offers that the DOS will challenge requirements for figuring out doc signers. To be included is “an ordinary that requires two or extra totally different processes for authenticating the id of a remotely positioned particular person using expertise to detect and deter fraud, however which can permit a notary public’s private data of a doc signer to fulfill such requirement.”
3. Beneath Part 1 and Part 2, a recording officer is required to “settle for for recording a tangible copy of an digital report” in any other case recordable “if the report has been licensed by a notary public or different particular person approved to carry out a notarial act.” The “tangible copy” is a paper print-out of the signed doc along with a accomplished “Certificates of Authenticity.” The certificates is to be “considerably” the shape set forth in Chapter 104:
Certificates of Authenticity
State of New York) ss:
County of )
On this….day of……within the 12 months…….I certify that the signature pages of the hooked up report (entitled……) (dated……..) is a real and full copy of the signatures affixed to an digital report printed by me or beneath my supervision. I additional certify that on the time of printing, no safety features current on the digital report indicated any modifications or errors in an digital signature within the digital report after its creation or execution.
(Signature and title of notary public)
(official stamp or registration quantity, with the expiration date of the notary public’s fee)
4. Beneath Part 1, a notary public will not be required to carry out a distant notarization. Beneath Part 2, a notary will not be required to carry out a notarial act utilizing digital communication expertise.
The DOS might be issuing procedures for the registration of notaries to authorize them to carry out digital notarizations and different laws. Laws for Part 1, efficient till January 31, 2023, might now be issued. The DOS should challenge laws for Part 2 by its efficient date of January 31, 2023.