Effective January 25, 2023, in connection with the newly passed statute allowing for remote notarization, the Department of State published Regulations applicable not only to electronic notarial acts but also to all notarial acts including in-person notarization.

Selected highlights of the Regulations relevant to a personal appearance before a notary are:

Selected highlights of the Regulations relevant to a personal appearance before a notary are:

19 NYCRR 182.9 Record Keeping and Reporting:

All notaries, including traditional and electronic, must maintain records as outlined herein, which shall be made contemporaneously with the notarial act and include:

• • The date, approximate time, and type of notarial acts performed,
• • The name and address of any individuals for whom a notarial act was performed,
• • The number and type of notarial services provided,
• • The type of credential used to identify the principal,
• • The verification procedures used for any personal appearance before the notary public.

These records otherwise referred to as a journal, must be maintained for at least ten (10) years.

Note: for electronic notarization, a journal of each remote notarization performed must be maintained for as long as the notary public remains in office AND for an additional five (5) years thereafter. Journals may be purchased on various websites such as Amazon.

19 NYCRR 182.3 Requirements for Notaries

All notaries public must:

• • Obtain satisfactory evidence of the identity of any principal or other individual appearing.
• • Disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested.
• • Refuse to perform a notarial act if the notary is not satisfied that the official record or the presented record evidences the individual’s capacity to act as the representative on the record presented for notarization.
• • The type of credential used to identify the principal,

A notary may refuse to perform a notarial act if the notary is not satisfied that:

• • The principal is not competent or has the capacity to execute the record or
• • The principal’s signature is knowingly and voluntarily made.

19 NYCRR 182.5 Satisfactory Evidence of identity

For any individual who makes a personal appearance before a notary public, the notary public must obtain satisfactory evidence of the identity of such individual, and that requires identity verification through the presentation of the back and front of an ID Card issued by a governmental agency provided the card:

• • Is valid and current,
• • Contains a photo of the bearer,
• • Has an accurate physical description of the bearer, if applicable, and includes the signature of the bearer

OR

• • At least two current documents issued by an institution, business entity, or federal or state government with at least the individual’s signature.

Remote Online Notarization (RON)

What is it?

Remote online Notarization is a form of notarization where the notary performs notarial acts through audio-visual technology.

How is it done?

To provide a remote notarization, the notary must be physically located within the State of New York at the time of notarization. The notary must identify the remote signor by any one of the following 3 methods:

• 1. The notary’s personal knowledge of the signor
• 2. By means of communication technology that facilitates remote presentation by the signor of an official, acceptable form of ID, credential analysis and identity proofing. (Commercial Software is available to notaries to perform identity proofing and credential analysis); or
• 3. Through oath of affirmation of a credible witness who personally knows the signor, and who is either personally known by the notary or identified by the previous referenced means of communication technology.

Regardless of the method used to confirm the identity of the signor, the notary must be able to see and interact, in real-time, with the remote signor of the document through audio-visual communication technology. This technology must have security protocols in place to prevent unauthorized access. The notary must make and keep an audio-visual recording of the remote notarization, and ensure that there is a back-up of the recording.

After the remote signor has executed the document, it must be transmitted to the notary public for officiating. The notary must confirm that the document is the same as the one signed remotely in the notary public’s presence before applying the notary stamp and signature to the document. The following statement must be added to the jurat “This remote notarial act involved the use of communication technology.

Department of State FAQ:

Click and choose the "Remote Notarization FAQs" menu on the left.