To perform remote notarization in New York, you first must register as a remote notary with the state. To do so, you must first become a New York Notary Public. We advise that you learn more and visit the New York State Division of Licensing Services.
Steps for remote notarization in New York
First, the notary must identify the signer. The signer must show acceptable identification as if they were in your office. The signer must also be in the State of New York at the time of the remote notarization.
The notary service must be done in “real-time.” Just as with standard notarization, the notary must witness the signing. However, it must be done through a secure audio/video technology, such as As such, you, or your employer, must sign up with DocuSign (or a competitive company. A monthly fee can range from $10 to $40 per month. Naturally, this will vary by the plan you choose.
Once the constituent completes the signing. It is sent electronically to the notary.
At this time, the notary affixes his or her stamp to the document and returns it to the constituent.
Remote notarization was put into place because of Covid-19. But, the state decided to amend the law and make it permanent, effective February 01, 2023. It is Senate Bill S1780C
Once you are registered with the state, you will be able to perform remote notarizations from the comfort of your computer. This is merely an outline of how to perform remote notarization. We can’t stress enough that you familiarize yourself with the law. Again, visit the link above at the New York Division of Licensing Services.
It seems likely that over time remote notarizations will have an impact on a mobile notary’s business. The need for a notary to drive to a specific location will become less necessary since the service can be done on a local computer.
We intend to produce more articles on this aspect of notarial service. So, please come back and look for updated blog articles.
. Our goal is to help you prepare for the New York Notary Exam.
Frequently Asked Questions about Remote Notarization
Many notaries have questions about this new form of notarial service. Here, we will address the most frequently asked questions about remote notarization. If you want to become a Notary in New York, you will find this article information informative.
With remote notarization, a notary can officiate through audio/video technology using a secure protocol. But, the notary must comply with all state requirements when officiating remotely.
How to perform remote notarial service
Identify the signor. This is accomplished in several ways. Firstly, the notary can have personal knowledge of the signor. Or, the notary can use commercial software that allows the signor to present satisfactory identification. Thirdly, the notary can establish the signor’s identity using an oath or affirmation of a credible Witness.
It is imperative that the notary can interact with the constituent visually. The technology in place has to have security protocols to prevent unauthorized admittance.
This interaction must be recorded and backed up by the notary.
Once the constituent completes the signing, the instrument must be sent back to the notary to complete the notarial service.
The notary must then confirm that the instrument is indeed the same one previously signed remotely before affixing his or her stamp and signature.
A statement must be added to the Jurat. “This remote notarial act involved the use of communication technology.”
The record of the remote notarization, mentioned above, must be kept for a period of no less than ten years. As stated, a backup of this record must be made by the notary. Unlike an in-person notarization, a remote notarization must be recorded in a journal. Should you decide to discontinue your commission, this journal must be kept for an additional five years.
For more information on remote notarization in New York State, visit the state’s frequently asked questions.
We will deliver more information as it becomes accessible. In the meantime, visit our site homepage and read our other blog articles. Here, you can also prepare to pass the New York Notary Exam. You may wish to visit the New York Department of State to learn more about becoming a Notary in NY.
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, it is recommended 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 as it is replaced by the continual advancement of technology.
Conditions for Remote Notarization
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.
The documents can be signed one of two ways.
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.
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.
The notary still needs to establish the signer’s identity. This can be done by personal knowledge, by oath, by a credible witness, or by verifying accepted I.D.
Any remote notarial act must be recorded and saved for a period of ten years.
All remote notarial acts must be recorded in a journal of “remote notarization.”
Any document sent electronically which is notarized by remote will be considered an original document.
Yes, New York is now allowing remote notarization. But, this does not include healthcare proxies or power of attorney.
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
To perform remote notarization in New York, you first must register as a remote notary with the state. To do so, you must first become a New York Notary Public. We advise that you learn more and visit the New York State Division of Licensing Services.