March 25, 2020

New York Now Allows E-notarized Documents | Legal Update

New York’s Electronic Notary

As part of the executive order, Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency, any “notarial act that is required under New York State law” is allowed to be performed using audio-video technology if the person seeking the notary's services, if not personally known to the notary, presents valid photo ID to the notary during the video conference.

According to the executive order, the notary and the person seeking services must have direct interaction, with no pre-recorded videos of the person signing; the person must prove that they are physically in the state of New York; the person must send a legible copy of the signed document to the notary electronically on the date it's signed, with the notary sending a copy of the document back; and the notary will later re-notarize the original signed document after receiving it, along with the electronically notarized copy, within 30 days.

Let’s break it down:

STEP 1: You set up a video conference allowing for direct, live interaction between the notary and the person signing the document

NOTARY: Can you see me okay?

Person Signing: Huh? Yeah..hey!

STEP 2: That person must then present to the camera, so the Notary can see,  a valid photo ID.

NOTARY: Can you please put your photo ID up to the camera?

Person: Driver’s license good?

NOTARY: Yes. Face the photo-side toward the camera.  Closer….cloooooser! Okay hold it there.  And you are Marc Bolan?

Person: Yeah.

STEP 3: The person signing must affirmatively say to the Notary that they are in the State of New York.

NOTARY: And are you present in the State of New York right now?

Person: Yeah. Queens.

STEP 4: The person signing must  then sign the document and send the signed document by email or fax on the same day that it was signed.

NOTARY: Great! Please sign the document. There ya go. Excellent. Okay, please e-mail me or fax the document to my number, okay?

Person: Can I do it tomorrow?

NOTARY: NO!!! Today.

STEP 5: The Notary then notarizes the copy of the document they receive and send it back to the person who signed it.

STEP 6: The notary will later re-notarize the original signed document after receiving it, along with the electronically notarized copy. BUT THAT MUST BE DONE WITHIN 30 DAYS OF THE ELECTRONIC NOTARIZATION.


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