Is Remote Online Notarization Legal in New York? (2025)

With the increasing digitization of services, the question of whether remote notarization is legal in New York has become more pertinent.

The good news is that, as of January 31, 2023, remote online notarization (RON) is indeed legal in New York. This article explores the legal framework, requirements, and benefits of remote notarization in the state, providing you with a comprehensive understanding of how it works and what you need to know.

Legal Framework for Remote Notarization in New York

The legalization of remote online notarization in New York is based on Senate Bill 1780, introduced on January 15, 2021. This legislation authorizes traditional notaries to perform electronic notarial acts using communication technology. Here are the key elements of this framework:

• Effective Date: Remote notarization became legal on January 31, 2023.
• Physical Location Requirement: Notaries must be physically located within New York State at the time of performing the notarization.
• Use of Technology: Notaries are permitted to use secure communication technology to conduct notarizations, ensuring the authenticity and integrity of the process.

Requirements for Performing Remote Notarizations

To perform remote notarizations in New York, notaries must meet specific requirements. These include:

• Current Notary Commission: The notary must hold a valid notary public commission in New York State.
• Approval for Remote Notarization: Notaries must be authorized to perform remote notarizations by the New York Department of State.
• Technology Platform: Notaries must use a state-approved remote notarization platform that provides secure audio-visual communication, identity verification, and record-keeping.
• Identity Verification: Implement robust identity verification methods, such as multi-factor authentication and credential analysis, to confirm the signer’s identity.
• Record-Keeping: Maintain an electronic journal of all remote notarizations, including details such as the date, time, and type of document notarized, as well as the signer’s information.
• Training and Certification: Complete any required training or certification programs specified by the New York Department of State.

Benefits of Remote Notarization

Remote notarization offers several benefits for both notaries and clients in New York:

• Convenience: Allows notarizations to be conducted from any location with internet access, eliminating the need for in-person meetings and saving time.
• Accessibility: Provides greater access to notary services for individuals in remote or rural areas, as well as those with mobility issues.
• Efficiency: Speeds up the notarization process, reducing turnaround times for document handling and execution.
• Security: Enhances the security of notarizations through advanced digital tools and verification methods, ensuring the integrity of the process.
• Flexibility: Offers flexible scheduling options for both notaries and signers, accommodating various needs and timelines.

The Process of Remote Notarization in New York

Here’s a step-by-step overview of how remote notarization works in New York:

• Step 1: Verify Identity: The notary verifies the signer’s identity using approved methods, such as personal knowledge, credible witnesses, or multi-factor authentication.
• Step 2: Conduct the Session: The notary and signer participate in a live audio-visual session where the notary witnesses the signing of the document.
• Step 3: Apply Electronic Signature: The signer applies their electronic signature to the document during the session.
• Step 4: Complete the Notarial Act: The notary completes the notarial certificate, applies their electronic seal and digital signature, and saves the session recording.
• Step 5: Maintain Records: The notary makes an entry in their electronic journal, keeping a detailed record of the notarization.

Challenges and Considerations

While remote notarization offers many benefits, there are also challenges and considerations to keep in mind:

• Technological Requirements: Both the notary and the signer must have access to reliable technology, including a computer with a webcam, microphone, and secure internet connection.
• Regulatory Compliance: Notaries must stay informed about New York’s specific regulations and compliance requirements for remote notarization.
• Security Measures: Implementing robust security measures to protect sensitive information and prevent fraud is crucial.
• Legal Acceptance: Ensure that the notarized document will be accepted by all parties involved, as some entities may have specific requirements regarding the notarization process.

Future Outlook for Remote Notarization in New York

As remote notarization becomes more widespread, New York is likely to continue refining and enhancing its regulations and procedures to ensure the highest standards of security and efficiency. Ongoing advancements in technology and increasing public demand for remote services are expected to further drive the adoption and evolution of remote notarization in the state.

Frequently Asked Questions

1. Is remote notarization legal in New York?

Yes, remote notarization has been legal in New York since January 31, 2023, under Senate Bill 1780, which allows traditional notaries to perform electronic notarial acts using communication technology.

2. What are the requirements for performing remote notarizations in New York?

Notaries must hold a current notary commission, be authorized by the New York Department of State to perform remote notarizations, use a state-approved platform, verify the signer’s identity, maintain electronic records, and complete any required training.

3. What technology is needed for remote notarization?

Both the notary and the signer need a computer or mobile device with a webcam, microphone, and a secure internet connection to participate in the live audio-visual session.

4. How secure is the remote notarization process?

Remote notarization in New York employs advanced security measures, including encryption, secure storage, and detailed audit trails, to ensure the integrity and confidentiality of the process.

Remote notarization is now a legal and viable option in New York, providing a modern, efficient, and secure way to handle notarial acts. By understanding the legal framework, meeting the necessary requirements, and leveraging advanced technology, notaries and clients can benefit from the convenience and accessibility of remote notarization. As the practice continues to evolve, staying informed about the latest developments and best practices will ensure successful and compliant notarizations in the digital age.

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