Update: New York Works on Clearer Laws for Remote Notaries

Lawmakers have proposed new legislation impacting the notarization of documents in New York State. Throughout New York, the legal update would make all official notaries’ records electronic only.

Here, we offer a FAQ on the current law and the proposed modification.

Isn’t Remote Electronic Notarization Already in New York State Law?

The New York Office of Information Services has established rules for online notary acts. Current rules, explaining the practice of remote notarization as used in New York, have been effective since January 10, 2024. They say:

• eNotarizations on digital records must include the signer’s name.

• eNotarizations on digital records must include the signer’s electronic signature (eSignature). Thus, for real estate documents, notaries must verify the electronic signer’s identity by following the current State Department regs.

• The electronic signature itself must meet state regulations. For real estate documents, notaries must verify the electronic document is signed according to current State Department regs.

So, yes indeed, New York already operates according to a published set of standards, under the laws of the State. The state now:

• Authorizes a notary public to carry out remote online notarization, using computers to connect with the public;

• Allows for the use of audio-visual communication to carry out notarizations, and enables qualified notaries to use computer technology to perform eNotarizations.

Traditional notaries are not affected. The Department of State for New York still allows a paper application process for notaries who prefer that. But electronic notary services are now available, offered by electronic notaries who register for authorization using a state website.

Recording a deed in the state of New York? Find New York deed recording information here on Deeds.com.

So, What Actual Changes Is New York State Proposing for Notaries?

There is a key recordkeeping rule laid out in the new text. It specifies that only electronic notarizations require official recordkeeping. As the language of the proposed law itself says:

This bill amends the executive law to limit the recordkeeping and reporting duties of public notaries only to electronic notarization acts. In other words, unless the notarization is electronic, a notary is not obligated to create or retain any records associated with the notarial act.

Further, the new bill restates and provides clarification regarding remote electronic notarizations.

Specifically, it deletes the phrase “in person” when setting for rules for notarization.

Lookup tools: You can look up Assembly Bill 08691 (A08691, and S07780 in the State Senate), sponsored by Clyde Vanel and Nily Rozic. You can read the text as it was proposed in the PDF posted in July 2022 here. In the latest action, the pair of bills was substituted with A7241A, sponsored by Brad Hoylman-Sigal (Jun. 5, 2024).

Is Remote the Same as Electronic Signing?

There is a difference. Remote notarization is newer. Note the difference between electronic notarization and remote electronic notarization:

• When a signing is witnessed by a notary in person, the notary and the signer can still be using e-Signature and seal technology. This is known as in-person electronic notarization, or IPEN.

• But with remote notarization, a.k.a. RON, the two parties can interact from a distance — and long as the notary is registered to do so, and following the state’s regulations.

So now we see that RON (remote online notarization) is legal in the State of New York, in case we were uncertain! Notaries in New York know that RON has been officially available in the state since January 31 of last year.

Yes, and Hasn’t New York Allowed Electronic Document Signings for Many Years?

Yes. New York updated its regulations in 2012 to enable electronic deed recording (IPEN).

At that time, although the rule dealt with electronic notarizations on digital documents, recordings of deed claims and deed transfers still required the signer to show up in person. The notary would physically witness the signing.

Now, remote notarization is legally recognized in New York. Remote notarizations are a major step forward in convenience and time-savings. A signer and the notary do not have to travel for an in-person witnessing. The signer goes online and enters a RON platform, and the notary attaches a digital certificate to the document. Notarizing can now be done in just minutes.

The state has adopted regs to standardize the process and avert fraud. The new law will specify to notaries where the revisions can be found. (Read them here.)

Current regs assure people and businesses that prior “in person” language under that former state law now has no bearing. Remote electronic notarizations are valid.

Looking for a quitclaim deed in New York? Find more information with Deeds.com.

Do Notarizations Have to Be Electronic Now in New York?

No. The two methods — online, and in-person — are now equally valid. Some notaries perform remote notarizations. Some don’t.

Since February 1, 2023, notaries in New York can register to provide Electronic Notary Services. Notaries can simply keep their current licensing while registering to add online services.  

Announcing the state’s new online registration portal for notaries last year, New York’s Secretary of State Robert Rodriguez declared that electronic online notary services make it “easier for New Yorkers to conduct business in a rapid and accessible manner.”

But no, registration for the new method is not mandatory. Notaries also have the option of keeping their traditional registrations.

So, if you’re a stickler for the physical witnessing of document signings, fear not. The good old pen and paper signing is still alive and well in New York. Just know that notarizations done electronically are valid under the laws of the state.

Still Have Questions? That’s Perfectly Understandable.

If you are a New York notary, or if you are would simply like to understand the process in New York, go to the official FAQ published by the New York Department of State, which continues to be updated.

Questions about how notarization impacts your deed under particular circumstances? That’s beyond the scope of this website — or the scope of any informational articles generally available online. This site does not replace legal advice from an attorney admitted to the New York Bar. So, consult a lawyer if you need individualized guidance in issues related to your deed transfer in New York.