FOR IMMEDIATE RELEASE
February 14, 2023
Contact:
Alison Arden Besunder
212-695-8100, ext. 289
NYS Implements Remote Notarization Subject to Strict Requirements
During the pandemic, lawyers and clients relied on temporary executive orders enacted by the Governor that permitted the remote notarization of documents through the use of video technology (“Remote Online Notarizations” or “RON”). Governor Hochul signed legislation on February 24, 2022 to allow RON permanently, which became effective on January 25, 2023.
RON has very strict requirements for compliance:
- All notaries must register with the New York State Department of State noting their desire to perform electronic notarization;
- All notaries must register the capability to notarize electronically including the technology platform;
- All notaries must be physically present in New York when performing an electronic notarization;
- All notaries must obtain satisfactory evidence of the identity of the signer or other individual appearing before the notary;
- All notaries must disqualify themselves from performing notarial acts for transactions where the notary has a conflict of interest or would benefit financially from the transaction;
- All notaries must refuse to perform a notarial act when the notary is not satisfied that the official record or the presented record evidences the individual’s capacity to complete the notarization;
- A notary may refuse to perform a notarial act if the notary is not satisfied that:
- (1) the principal is competent or has the capacity to execute a record; and/or
- (2) the principal’s signature is knowingly and voluntarily made.
- All notaries, whether performing remotely or not, are required to keep a journal of all notarial acts. This journal must be maintained by the notary for at least ten (10) years.
Although Goetz Fitzpatrick LLP will not be providing RON services, there are many title agencies that we can recommend who are providing this service for a fee.
Goetz Fitzpatrick LLP has been offering clients insightful solutions throughout the New York Metropolitan area since 1967. The firm provides its clients with expertise in the areas of Construction and Real Estate, Trusts & Estates Administration & Litigation, Commercial Litigation, Corporate, Bankruptcy, and Labor & Employment. The firm’s office is located at One Penn Plaza, Suite 3100, New York, NY 10119, Telephone 212 695 8100, [email protected], www.goetzfitz.com. You can learn more about Goetz Fitzpatrick on: LinkedIn | X (Twitter) | Soundcloud | YouTube | Facebook | Instagram
