New York Notary Law Updates
Summaries by American Society of Notaries. View New York’s latest Notary law and administrative rule updates, including enacting legislation and administrative rule links.
NEW YORK - SB 2271
Effective 11-22-2024
View this bill
Provides for recognition of notarial acts performed outside of New York, as follows.
• Establishes that, when a notary public of another U.S. state performs a notarial act, that notary’s signature and title are prima facie evidence that the (notary’s) signature is genuine and that the individual holds the designated title of “notary public.”
• Further establishes that the signature and title of specified notarial officers acting as authorized outside of New York are prima facie evidence that the signature is genuine and that the individual holds the designated title.
Establishes that the signature and title of certain notarial officers described in SB 2271 conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance.
Further establishes that no certificate of conformity may be required for an acknowledgment or proof taken outside of New York, if the acknowledgment or proof is taken by and accompanied by the signature and title of certain notarial officers described in SB 2271.
Provides that instruments acknowledged or proved, taken by and accompanied by the signature and title of a notarial officer specified in SB 2271 and performed in accordance with laws of the notarial officer’s jurisdiction, are equivalent to one taken or made in the form prescribed by law for use in New York. Further authorizes that such instruments, if otherwise entitled to be recorded, filed or registered, may be done so in any recording or filing office of New York, upon payment or tender of any lawful fees.
Makes various conforming amendments.
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Effective 11-22-2024
View this bill
Provides for recognition of notarial acts performed outside of New York, as follows.
• Establishes that, when a notary public of another U.S. state performs a notarial act, that notary’s signature and title are prima facie evidence that the (notary’s) signature is genuine and that the individual holds the designated title of “notary public.”
• Further establishes that the signature and title of specified notarial officers acting as authorized outside of New York are prima facie evidence that the signature is genuine and that the individual holds the designated title.
Establishes that the signature and title of certain notarial officers described in SB 2271 conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance.
Further establishes that no certificate of conformity may be required for an acknowledgment or proof taken outside of New York, if the acknowledgment or proof is taken by and accompanied by the signature and title of certain notarial officers described in SB 2271.
Provides that instruments acknowledged or proved, taken by and accompanied by the signature and title of a notarial officer specified in SB 2271 and performed in accordance with laws of the notarial officer’s jurisdiction, are equivalent to one taken or made in the form prescribed by law for use in New York. Further authorizes that such instruments, if otherwise entitled to be recorded, filed or registered, may be done so in any recording or filing office of New York, upon payment or tender of any lawful fees.
Makes various conforming amendments.
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NEW YORK - SB 8306
Relevant Section Eff. 90th Day After Becoming Law (7-19-24)
View this bill
Amends New York’s real property law by adding a new section that includes provisions for execution of a real property transfer on death deed. Provides that such transfer on death deed is revocable and non-testamentary. Specifies the requirements for lawful execution of a real property transfer on death deed, including that it shall be acknowledged before a notary public and recorded before the transferor’s death in the public records of the county where the property is located.
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Relevant Section Eff. 90th Day After Becoming Law (7-19-24)
View this bill
Amends New York’s real property law by adding a new section that includes provisions for execution of a real property transfer on death deed. Provides that such transfer on death deed is revocable and non-testamentary. Specifies the requirements for lawful execution of a real property transfer on death deed, including that it shall be acknowledged before a notary public and recorded before the transferor’s death in the public records of the county where the property is located.
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NEW YORK – SB 7561
Effective 6-30-23
View this bill
Amends and clarifies New York statutory provisions on notary commissioning and appointment.
Notary Appointments and Reappointments
Separates statutory appointment procedures into sections dealing specifically with new notary commission appointments; and reappointments. Renumbers sections and subsections accordingly.
Establishes that the Secretary of State’s transmission of new notary commission records and fees to the appropriate county clerk may be accomplished by electronic means. Clarifies that for this purpose “electronic” shall have the same meaning as set forth in Section 302 of New York State’s technology law.
Amends the process for notary commission reappointment by specifying that applicants shall submit their application, oath of office and signature to the Secretary of State, not the county clerk.
Provides that upon being satisfied of the completeness of an application for reappointment, the Secretary of State shall issue a commission to the applicant and the applicant’s official signature and oath of office filed with the application shall take effect.
Provides that the Secretary of State (not the county clerk) shall receive the application fee from each applicant for Notary commission appointment or reappointment; makes related conforming amendments. Further provides that the duly-dated notary commission, a certified or original copy of the oath of office and notary’s official signature, and $20 apportioned from the application fee plus interest (as may be required by statute) shall be transmitted by the Secretary of State to the county clerk of the county where the notary appointee resides. Such transmission shall occur by the 10th day of the following month. Establishes that transmission resulting in a submission of such records and fees by the Secretary to the county clerk may be accomplished by electronic means.
Requires the county clerk to make a proper record of commissions transmitted to the county clerk’s office by the Secretary of State.
County Clerk Fees; Certification of Notary’s Authority and Signature
Increases, to $10, the fee that a county clerk and register shall collect for filing of notary public’s certificate of official character. Increases, to $5, the fee for a county clerk’s issuance of a notary’s certificate of official character.
Increases, from 50 cents to a new fee of $3, the fee a county clerk shall receive for issuing a certificate authenticating a notary public’s authority and signature. Establishes that a county clerk of a county where a notary public has qualified may certify the signature of an electronic notary public, registered with the Secretary of State pursuant to Section 135-C of New York Executive Law, provided that the county clerk has received an exemplar of the notary public’s registered electronic signature from the Secretary of State.
Electronic Notarization
Requires that, after a registration of the capability to perform electronic notarial acts pursuant to New York law, the Secretary of State shall transmit to the county clerk the exemplar of the notary public’s electronic signature and any change in commission number or expiration date of the notary’s commission. Clarifies that such transmission may be accomplished by electronic means.
Establishes that registration of the capability to perform electronic notarizations shall be treated as a new appointment by the Secretary of State.
Amends existing law to provide that a notary public may certify that a tangible copy of the signature page and document type of an electronic record notarized by the notary public is an accurate copy of the electronic record. (Prior to this change, the law limited this notarial power to remotely notarized electronic records.)
Makes various conforming amendments, primarily renumbering of existing sections of law.
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Effective 6-30-23
View this bill
Amends and clarifies New York statutory provisions on notary commissioning and appointment.
Notary Appointments and Reappointments
Separates statutory appointment procedures into sections dealing specifically with new notary commission appointments; and reappointments. Renumbers sections and subsections accordingly.
Establishes that the Secretary of State’s transmission of new notary commission records and fees to the appropriate county clerk may be accomplished by electronic means. Clarifies that for this purpose “electronic” shall have the same meaning as set forth in Section 302 of New York State’s technology law.
Amends the process for notary commission reappointment by specifying that applicants shall submit their application, oath of office and signature to the Secretary of State, not the county clerk.
Provides that upon being satisfied of the completeness of an application for reappointment, the Secretary of State shall issue a commission to the applicant and the applicant’s official signature and oath of office filed with the application shall take effect.
Provides that the Secretary of State (not the county clerk) shall receive the application fee from each applicant for Notary commission appointment or reappointment; makes related conforming amendments. Further provides that the duly-dated notary commission, a certified or original copy of the oath of office and notary’s official signature, and $20 apportioned from the application fee plus interest (as may be required by statute) shall be transmitted by the Secretary of State to the county clerk of the county where the notary appointee resides. Such transmission shall occur by the 10th day of the following month. Establishes that transmission resulting in a submission of such records and fees by the Secretary to the county clerk may be accomplished by electronic means.
Requires the county clerk to make a proper record of commissions transmitted to the county clerk’s office by the Secretary of State.
County Clerk Fees; Certification of Notary’s Authority and Signature
Increases, to $10, the fee that a county clerk and register shall collect for filing of notary public’s certificate of official character. Increases, to $5, the fee for a county clerk’s issuance of a notary’s certificate of official character.
Increases, from 50 cents to a new fee of $3, the fee a county clerk shall receive for issuing a certificate authenticating a notary public’s authority and signature. Establishes that a county clerk of a county where a notary public has qualified may certify the signature of an electronic notary public, registered with the Secretary of State pursuant to Section 135-C of New York Executive Law, provided that the county clerk has received an exemplar of the notary public’s registered electronic signature from the Secretary of State.
Electronic Notarization
Requires that, after a registration of the capability to perform electronic notarial acts pursuant to New York law, the Secretary of State shall transmit to the county clerk the exemplar of the notary public’s electronic signature and any change in commission number or expiration date of the notary’s commission. Clarifies that such transmission may be accomplished by electronic means.
Establishes that registration of the capability to perform electronic notarizations shall be treated as a new appointment by the Secretary of State.
Amends existing law to provide that a notary public may certify that a tangible copy of the signature page and document type of an electronic record notarized by the notary public is an accurate copy of the electronic record. (Prior to this change, the law limited this notarial power to remotely notarized electronic records.)
Makes various conforming amendments, primarily renumbering of existing sections of law.
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NEW YORK – Administrative Rules (Notary Public, Electronic Notary Public, Remote Notarization)
Effective January 25, 2023
View the regulations (scroll to Page 24)
Establishes standards for the performance of notarial acts, including electronic notarial acts for physically present and remotely present principals.
Provides that defined terms are “Notary Public” or “Notary”; “electronic Notary Public” or “electronic Notary”; “notarial act”; “electronic notarial act”; “record”; “electronic record”; “identity verification”; “credential analysis”; “credential service provider”; “identity proofing”; “personal appearance”; “communication technology”; “electronic signature”; “public key infrastructure”; “public/private key or asymmetric cryptographic system”; and “principal.”
Notary Commission; eNotary Registration; and Responsibilities
Specifies that prior to performing any notarial acts as a New York Notary Public, an individual must be commissioned by the Secretary of State and must provide all information required by the Secretary of State’s application form. Establishes that all applications for Notary commission appointment and reappointment; and all registrations of capability to perform electronic notarial acts, shall be in the form and manner prescribed by the Secretary of State.
Prohibits any New York Notary from performing an electronic notarial act until he/she/they have been registered to do so on a form prescribed by the Secretary of State, including—in addition to any other information prescribed by the Secretary of State—the following:
1. the Notary’s name as commissioned and mailing address;
2. the expiration date of the Notary’s commission and signature of the Notary;
3. the Notary’s email address;
4. the description of the technology to be used in attaching the Notary’s electronic signature to the record;
5. an exemplar of the Notary’s electronic signature, which shall be provided through and in the manner required by the Department of State’s registration system (using the Notary’s selected signature vendor) and contain the Notary’s name and any instructions, authorizations, or techniques that allow the Notary’s electronic signature to be read and verified.
Requires a Notary Public, within five days after a change of name, address, or email address, to send the Secretary of State a notice of the change that is signed with the Notary’s official signature.
Specifies that a Notary may apply for reappointment within 90 days of expiration of their commission, provided that the Notary continues to meet the requirements set forth in law.
Requires that any update to information submitted in order to register as a New York eNotary must be made prior to performance of any electronic notarial act. Further provides that when any Notary who has registered to perform electronic notarial acts applies for reappointment, the Notary must provide verification of the accuracy of all information on file with the Secretary of State and affirm compliance with all requirements of this Part.
Sets administrative fees, as follows:
Notary Public commission application...........................................$60
Notary Public commission renewal................................................$60
Notary Public applicants who must take a written examination.........$15 for each examination taken
Electronic Notary registration.......................................................$60
Change requests and Duplicate License/Registration requests........$10
Specifies that all application, renewal, and registration fees shall be transmitted (submitted) in a manner prescribed by the Secretary of State.
Establishes that any Notary who fails to comply with any of this Rule’s requirements shall not be eligible for reappointment.
Notarial Act Fees
Provides that a Notary is entitled to a fee for a notarial act as specified in Section 136 of the Executive Law, as follows:
1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, $2.
2. For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, $2, and by each additional person, $2, for swearing such witness thereto, $2.
Establishes that a registered New York eNotary may charge a fee of $25 for each electronic notarial act, inclusive of all costs incurred by the Notary (i.e., $25 is the maximum fee for each electronic notarial act).
General Standards of Notarization
Establishes certain fundamentals of notarization, by specifying that when performing a notarial act, all Notaries must:
1. satisfy the requirements of New York’s Executive Law;
2. identify the individual appearing before the Notary;
3. require the personal appearance of all parties to any transaction for which a notarial act is required (except acts performed in conformity with law unless a law expressly excludes such authorization);
4. administer any oath or affirmation;
5. disqualify themselves from transactions in which the Notary is a party or directly and pecuniarily interested;
6. refuse to perform a notarial act when the requirements specified in administrative rules (Part 182, Title 19 NYCRR) cannot be met;
7. refuse to perform a notarial act if the Notary is not satisfied that the presented record evidences the individual’s capacity to act as the representative on the record presented for notarization; and
8. maintain notarial records.*
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* This rule also specifies that notifying the Secretary within five days after a change of name, address, or email address is a standard of notarization.
Effective January 25, 2023
View the regulations (scroll to Page 24)
Establishes standards for the performance of notarial acts, including electronic notarial acts for physically present and remotely present principals.
Provides that defined terms are “Notary Public” or “Notary”; “electronic Notary Public” or “electronic Notary”; “notarial act”; “electronic notarial act”; “record”; “electronic record”; “identity verification”; “credential analysis”; “credential service provider”; “identity proofing”; “personal appearance”; “communication technology”; “electronic signature”; “public key infrastructure”; “public/private key or asymmetric cryptographic system”; and “principal.”
Notary Commission; eNotary Registration; and Responsibilities
Specifies that prior to performing any notarial acts as a New York Notary Public, an individual must be commissioned by the Secretary of State and must provide all information required by the Secretary of State’s application form. Establishes that all applications for Notary commission appointment and reappointment; and all registrations of capability to perform electronic notarial acts, shall be in the form and manner prescribed by the Secretary of State.
Prohibits any New York Notary from performing an electronic notarial act until he/she/they have been registered to do so on a form prescribed by the Secretary of State, including—in addition to any other information prescribed by the Secretary of State—the following:
1. the Notary’s name as commissioned and mailing address;
2. the expiration date of the Notary’s commission and signature of the Notary;
3. the Notary’s email address;
4. the description of the technology to be used in attaching the Notary’s electronic signature to the record;
5. an exemplar of the Notary’s electronic signature, which shall be provided through and in the manner required by the Department of State’s registration system (using the Notary’s selected signature vendor) and contain the Notary’s name and any instructions, authorizations, or techniques that allow the Notary’s electronic signature to be read and verified.
Requires a Notary Public, within five days after a change of name, address, or email address, to send the Secretary of State a notice of the change that is signed with the Notary’s official signature.
Specifies that a Notary may apply for reappointment within 90 days of expiration of their commission, provided that the Notary continues to meet the requirements set forth in law.
Requires that any update to information submitted in order to register as a New York eNotary must be made prior to performance of any electronic notarial act. Further provides that when any Notary who has registered to perform electronic notarial acts applies for reappointment, the Notary must provide verification of the accuracy of all information on file with the Secretary of State and affirm compliance with all requirements of this Part.
Sets administrative fees, as follows:
Notary Public commission application...........................................$60
Notary Public commission renewal................................................$60
Notary Public applicants who must take a written examination.........$15 for each examination taken
Electronic Notary registration.......................................................$60
Change requests and Duplicate License/Registration requests........$10
Specifies that all application, renewal, and registration fees shall be transmitted (submitted) in a manner prescribed by the Secretary of State.
Establishes that any Notary who fails to comply with any of this Rule’s requirements shall not be eligible for reappointment.
Notarial Act Fees
Provides that a Notary is entitled to a fee for a notarial act as specified in Section 136 of the Executive Law, as follows:
1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, $2.
2. For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, $2, and by each additional person, $2, for swearing such witness thereto, $2.
Establishes that a registered New York eNotary may charge a fee of $25 for each electronic notarial act, inclusive of all costs incurred by the Notary (i.e., $25 is the maximum fee for each electronic notarial act).
General Standards of Notarization
Establishes certain fundamentals of notarization, by specifying that when performing a notarial act, all Notaries must:
1. satisfy the requirements of New York’s Executive Law;
2. identify the individual appearing before the Notary;
3. require the personal appearance of all parties to any transaction for which a notarial act is required (except acts performed in conformity with law unless a law expressly excludes such authorization);
4. administer any oath or affirmation;
5. disqualify themselves from transactions in which the Notary is a party or directly and pecuniarily interested;
6. refuse to perform a notarial act when the requirements specified in administrative rules (Part 182, Title 19 NYCRR) cannot be met;
7. refuse to perform a notarial act if the Notary is not satisfied that the presented record evidences the individual’s capacity to act as the representative on the record presented for notarization; and
8. maintain notarial records.*
_______________
* This rule also specifies that notifying the Secretary within five days after a change of name, address, or email address is a standard of notarization.
Authorizes a Notary to refuse to perform a notarial act if the Notary is not satisfied that the principal is competent or has the capacity to execute a record; or that the principal’s signature is knowingly and voluntarily made.
Electronic Notary Provisions
Requires all Notaries wishing to perform electronic notarial act to:
1. Register, with the Secretary of State, the capability to notarize electronically.
2. Use only electronic notarization vendors who comply with the standards set forth in (this) administrative rule and in any communications or reporting relating to such standards.
3. Be physically located in New York when performing electronic notarial acts.
4. Use a network that permits location detection.
5. Affix a reliable electronic signature, which is deemed to be reliable if it is unique to the Notary; attached or logically associated with the electronic record by use of a digital certificate that utilizes public key infrastructure and is capable of independent verification; retained under the Notary’s sole control; and linked to the data in such a manner that any subsequent alterations to the underlying record are detectable and may invalidate the electronic notarial act.
6. Use their electronic signature only for performing electronic notarial acts or as otherwise specified in this administrative rule.
7. Ensure the remote online notarial certificate for an electronic notarial act states that the person making the acknowledgement or making the oath appeared using communication technology.
8. For execution of any instrument in writing, confirm that such instrument is the same in which the principal made a statement or on which the principal executed a signature.
9. Verify—if the principal is located outside of the United States—that the record or subject of the notarial act is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or involves property located in the territorial jurisdiction of or involves a transaction substantially connected with the United States.
10. Ensure—for a change of address—that the notice of change is electronically transmitted to the Secretary of State and signed with the Notary Public’s designated electronic signature.
11. For any update to the information required to register the capability to perform an electronic notarial act, make such update prior to performance of any electronic notarial act.
Prohibits a Notary from disclosing any access information used to affix the electronic Notary’s signature and seal except when requested by the Secretary of State or a designee, or judicial subpoena, and with reasonable precautions, electronic document preparation and transmission vendors.
Requires control of security aspects related to the Notary’s electronic signature and electronic seal to remain under the sole control of the Notary Public.
Identifying Principals (Physically or Remotely Present Before the Notary)
Requires that for anyone signing a document and who is in a Notary’s physical presence, including any principal seeking a notarial act and any witness thereto, the Notary must obtain satisfactory evidence of identity.
Establishes that for this purpose, satisfactory evidence of identity requires:
1. presentation of an identification card, issued by a governmental agency, that is valid and current, contains the photographic image of the bearer, has an accurate physical description of the bearer, if applicable; and includes the signature of the bearer; or
2. at least two current documents issued by an institution, business entity, or federal or state government with the individual’s signature; or
3. attestation by the Notary Public that the individual is personally known to the Notary; or
4. the oath or affirmation of a credible witness who is personally known to the individual and Notary; or
5. the oath or affirmation of two witnesses who know the individual personally and provide identification that meets the requirements of (this administrative rule).
Requires that for anyone signing a document and who is appearing before an electronic Notary using communication technology, and who is not personally known to the Notary, the Notary must obtain satisfactory evidence of identity which is:
1. identity verification utilizing communication technology that meets the requirements set forth these Rules;
2. credential analysis; and
3. identity proofing by a third-party service provider.
Establishes that, provided all other requirements of this Rule are met, attestation by an electronic Notary that an individual appearing through communication technology is personally known to the Notary is satisfactory evidence of identity for electronic notarial acts.
(See Electronic Notarization Standards, below, for standards pertaining to identity proofing and communication technology used in electronic notarizations involving a remotely located individual.)
Electronic Notarization Standards
Establishes the minimum technology standards for the identity proofing, credential analysis and communication technology used in electronic notarizations involving a remotely located individual.
Requires identity proofing, at a minimum, to meet the Identity Assurance Level 2 Standard as outlined in the Digital Identity Guidelines of the National Institute of Standards and Technology or any industry accepted standard that is at least as secure, or more secure, than that standard. (Incorporates, by reference, that Standard.)
Establishes that credential analysis must be performed by a third-party service provider who has provided evidence to the online Notary of the provider’s ability to satisfy this Rule’s requirements. Further establishes that credential analysis must utilize public or private data sources to confirm the validity of an identification credential.
In addition, requires credential analysis to:
1. use automated software processes to aid the online Notary Public in verifying the identity of a remotely located individual;
2. ensure that the identification credential passes an authenticity test, consistent with sound commercial practices that: (i) uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features; (ii) uses appropriate technologies to confirm that the identification credential is not fraudulent or inappropriately modified; (iii) uses information held or published by the issuing source or an authoritative source, as available, to confirm the validity of identification credential details; and (iv) provides output of the authenticity test to the notary.
Requires communication technology to permit sufficient audio and visual clarity to enable the Notary and the remotely located person(s) to: see and speak to each other simultaneously through live, real-time transmission throughout the duration of the notarial act; permit sufficient visual clarity to enable the Notary to view, read, and capture the identification card presented as verification of identity; include a signal transmission secure from interception through lawful means by anyone other than the parties to the notarial act; include a process of reproduction that does not permit additions, deletions, or changes without leaving a record of such; provide some manner of ensuring that the electronic record that is presented for electronic notarization is the same record electronically signed by the principal; and permit recording and archiving of the audio-video communication session.
Requires an electronic Notary to keep a copy of the recording of the video and audio conference related to an electronic notarization.
Electronic Notary Provisions
Requires all Notaries wishing to perform electronic notarial act to:
1. Register, with the Secretary of State, the capability to notarize electronically.
2. Use only electronic notarization vendors who comply with the standards set forth in (this) administrative rule and in any communications or reporting relating to such standards.
3. Be physically located in New York when performing electronic notarial acts.
4. Use a network that permits location detection.
5. Affix a reliable electronic signature, which is deemed to be reliable if it is unique to the Notary; attached or logically associated with the electronic record by use of a digital certificate that utilizes public key infrastructure and is capable of independent verification; retained under the Notary’s sole control; and linked to the data in such a manner that any subsequent alterations to the underlying record are detectable and may invalidate the electronic notarial act.
6. Use their electronic signature only for performing electronic notarial acts or as otherwise specified in this administrative rule.
7. Ensure the remote online notarial certificate for an electronic notarial act states that the person making the acknowledgement or making the oath appeared using communication technology.
8. For execution of any instrument in writing, confirm that such instrument is the same in which the principal made a statement or on which the principal executed a signature.
9. Verify—if the principal is located outside of the United States—that the record or subject of the notarial act is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or involves property located in the territorial jurisdiction of or involves a transaction substantially connected with the United States.
10. Ensure—for a change of address—that the notice of change is electronically transmitted to the Secretary of State and signed with the Notary Public’s designated electronic signature.
11. For any update to the information required to register the capability to perform an electronic notarial act, make such update prior to performance of any electronic notarial act.
Prohibits a Notary from disclosing any access information used to affix the electronic Notary’s signature and seal except when requested by the Secretary of State or a designee, or judicial subpoena, and with reasonable precautions, electronic document preparation and transmission vendors.
Requires control of security aspects related to the Notary’s electronic signature and electronic seal to remain under the sole control of the Notary Public.
Identifying Principals (Physically or Remotely Present Before the Notary)
Requires that for anyone signing a document and who is in a Notary’s physical presence, including any principal seeking a notarial act and any witness thereto, the Notary must obtain satisfactory evidence of identity.
Establishes that for this purpose, satisfactory evidence of identity requires:
1. presentation of an identification card, issued by a governmental agency, that is valid and current, contains the photographic image of the bearer, has an accurate physical description of the bearer, if applicable; and includes the signature of the bearer; or
2. at least two current documents issued by an institution, business entity, or federal or state government with the individual’s signature; or
3. attestation by the Notary Public that the individual is personally known to the Notary; or
4. the oath or affirmation of a credible witness who is personally known to the individual and Notary; or
5. the oath or affirmation of two witnesses who know the individual personally and provide identification that meets the requirements of (this administrative rule).
Requires that for anyone signing a document and who is appearing before an electronic Notary using communication technology, and who is not personally known to the Notary, the Notary must obtain satisfactory evidence of identity which is:
1. identity verification utilizing communication technology that meets the requirements set forth these Rules;
2. credential analysis; and
3. identity proofing by a third-party service provider.
Establishes that, provided all other requirements of this Rule are met, attestation by an electronic Notary that an individual appearing through communication technology is personally known to the Notary is satisfactory evidence of identity for electronic notarial acts.
(See Electronic Notarization Standards, below, for standards pertaining to identity proofing and communication technology used in electronic notarizations involving a remotely located individual.)
Electronic Notarization Standards
Establishes the minimum technology standards for the identity proofing, credential analysis and communication technology used in electronic notarizations involving a remotely located individual.
Requires identity proofing, at a minimum, to meet the Identity Assurance Level 2 Standard as outlined in the Digital Identity Guidelines of the National Institute of Standards and Technology or any industry accepted standard that is at least as secure, or more secure, than that standard. (Incorporates, by reference, that Standard.)
Establishes that credential analysis must be performed by a third-party service provider who has provided evidence to the online Notary of the provider’s ability to satisfy this Rule’s requirements. Further establishes that credential analysis must utilize public or private data sources to confirm the validity of an identification credential.
In addition, requires credential analysis to:
1. use automated software processes to aid the online Notary Public in verifying the identity of a remotely located individual;
2. ensure that the identification credential passes an authenticity test, consistent with sound commercial practices that: (i) uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features; (ii) uses appropriate technologies to confirm that the identification credential is not fraudulent or inappropriately modified; (iii) uses information held or published by the issuing source or an authoritative source, as available, to confirm the validity of identification credential details; and (iv) provides output of the authenticity test to the notary.
Requires communication technology to permit sufficient audio and visual clarity to enable the Notary and the remotely located person(s) to: see and speak to each other simultaneously through live, real-time transmission throughout the duration of the notarial act; permit sufficient visual clarity to enable the Notary to view, read, and capture the identification card presented as verification of identity; include a signal transmission secure from interception through lawful means by anyone other than the parties to the notarial act; include a process of reproduction that does not permit additions, deletions, or changes without leaving a record of such; provide some manner of ensuring that the electronic record that is presented for electronic notarization is the same record electronically signed by the principal; and permit recording and archiving of the audio-video communication session.
Requires an electronic Notary to keep a copy of the recording of the video and audio conference related to an electronic notarization.
Maintaining Records of Notarial Acts
Establishes standards for mandatory recordkeeping of notarial acts by a Notary, as well as for retention of records and reporting. A Notary must make a record of each notarial act contemporaneously with (at the same time as) the notarial act and include in the record:
1. the date, approximate time, and type of notarial act(s) performed;
2. the name and address of any individuals for whom a notarial act was performed;
3. the number and type of notarial services provided;
4. the type of credential used to identify the principal;
5. the verification procedures used for any personal appearance before the Notary Public; and
6. for electronic notarial acts, identification of the communication technology, certification authority, and verification providers used.
Requires a Notary to retain his/her/their records of notarial acts for at least ten years*, and to ensure that any records be capable of being produced to the Secretary of State and others as necessary in relation to the performance of the Notary’s obligations.
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*Although not specified, this period will be ten years from the date of notarization. When keeping records in a paper recordbook or journal, common practice is to retain notarial records for the specified period of time (ten years) after the last entry made in the recordbook (journal).
Requires an electronic Notary to keep a copy of the recording of the video and audio conference related to an electronic notarization.*
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*An electronic Notary’s copy of the recording of an electronic notarization’s video and audio conference should also be considered a notarial record, and therefore should be retained for at least 10 years from the date of the notarial act.
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Establishes standards for mandatory recordkeeping of notarial acts by a Notary, as well as for retention of records and reporting. A Notary must make a record of each notarial act contemporaneously with (at the same time as) the notarial act and include in the record:
1. the date, approximate time, and type of notarial act(s) performed;
2. the name and address of any individuals for whom a notarial act was performed;
3. the number and type of notarial services provided;
4. the type of credential used to identify the principal;
5. the verification procedures used for any personal appearance before the Notary Public; and
6. for electronic notarial acts, identification of the communication technology, certification authority, and verification providers used.
Requires a Notary to retain his/her/their records of notarial acts for at least ten years*, and to ensure that any records be capable of being produced to the Secretary of State and others as necessary in relation to the performance of the Notary’s obligations.
______________
*Although not specified, this period will be ten years from the date of notarization. When keeping records in a paper recordbook or journal, common practice is to retain notarial records for the specified period of time (ten years) after the last entry made in the recordbook (journal).
Requires an electronic Notary to keep a copy of the recording of the video and audio conference related to an electronic notarization.*
______________
*An electronic Notary’s copy of the recording of an electronic notarization’s video and audio conference should also be considered a notarial record, and therefore should be retained for at least 10 years from the date of the notarial act.
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NEW YORK – SB 4784
Effective July 21, 2022
View this bill
Allows acknowledgments and proofs to be performed by any officer in active service authorized to act as Notary in any component part of the U.S. military.
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Effective July 21, 2022
View this bill
Allows acknowledgments and proofs to be performed by any officer in active service authorized to act as Notary in any component part of the U.S. military.
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NEW YORK -- SB 1780
Effective June 20, 2022
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Authorizes electronic notarization and remote online notarization in the Empire State. Provides an effective date (the 180th day after SB 1780 became law). Authorizes addition, amendment and/or repeal of any rule or regulation necessary for implementation of SB 1780 on its effective date.
Defines “communication technology,” “electronic,” “electronic document,” “electronic notarial act,” “electronic Notary Public,” and “electronic signature.” (Bill Section 1, 1.(a) – (e).)
Establishes that the methods for identifying document signers for an electronic notarization shall be the same as those required for a paper-based notarization. Clarifies that an electronic notarization performed using communication technology shall meet the standards approved through regulation by the Secretary of State. Provides that such regulations shall include, but not be limited to:
i. that the signal transmission shall be secure from interception through lawful means by anyone other than the persons communicating;
ii. that the signal transmission shall be live, in real time; and
iii. that the technology shall permit the notary to communicate with and identify the remotely located individual at the time of the notarial act. (Bill Section 1, 2.(a))
Requires that if video and audio conference technology has been used to ascertain a document signer's identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. Further requires that the recording be maintained for a period of at least ten years from the date of transaction. (Bill Section 1, 2.(b))
Requires that before performing any electronic notarial act or acts, a Notary Public shall register the capability to notarize electronically with the Secretary of State, using a form prescribed by the Secretary. Specifies information the Notary Public shall provide with such registration:
i. the applicant's name as currently commissioned and complete mailing address;
ii. the expiration date of the Notary Public's commission and signature of the commissioned Notary Public;
iii. the applicant's e-mail address;
iv. the description of the electronic technology or technologies to be used in attaching the Notary Public's electronic signature to the electronic document; and
v. an exemplar of the Notary Public's electronic signature, which shall contain the Notary Public's name and any necessary instructions or techniques that allow the Notary Public's electronic signature to be read. (Bill Section 1, 3.(a)-(b))
Establishes that any notarial act authorized by Section 135 of New York’s Executive Law may be performed electronically as prescribed in Section 137-a if:
i. under applicable law document may be signed with an electronic signature; and
ii. the electronic Notary Public is located within the state of New York at the time of the performance of an electronic notarial act using communication technology, regardless of the location of the document signer. (Bill Section 1, 4.(a))
Provides that an electronic notarial act performed using communication technology pursuant to this Section 137-a satisfies any requirement of New York law that a document signer personally appear before, be in the presence of, or be in a single time and place with a Notary Public at the time of the performance of the notarial act. (Bill Section 1, 4.(b))
Requires that when performing an electronic notarial act, a Notary Public shall apply an electronic signature, which shall be attached to the electronic document such that removal or alteration of the electronic signature is detectable and will provide evidence of alteration of the document containing the Notary’s signature. Further provides that such evidence of alteration may invalidate the electronic notarial act. (Bill Section 1, 5.(a))
Deems a Notary Public’s electronic signature to be reliable if it meets the standards approved by regulations of the Secretary of State. Requires such regulations to include, but not be limited to, certain specified requirements (the Notary’s electronic signature must be unique to the Notary Public; capable of independent verification; retained under the Notary Public’s sole control; attached to the electronic document; and linked to the data in such a manner that any subsequent alterations to the underlying document are detectable and may invalidate the electronic notarial act). (Bill Section 1, 5.(b))
Prohibits use of a Notary Public’s electronic signature for any purpose other than performing electronic notarial acts. (Bill Section 1, 5.(c))
Requires the notarial certificate for a (remote) electronic notarial act to state that the person making the acknowledgement or making the oath appeared remotely online. (Bill Section 1, 5.(d))
Requires the Secretary of State to adopt rules establishing standards, procedures, practices, forms and records relating to a Notary Public’s electronic signature; requires a Notary Public’s electronic signature to conform to any standards adopted by the Secretary. (Bill Section 1, 5.(e))
Establishes that a paper copy of an electronic record that complies with (new) Section 137-a of New York Executive Law satisfies a requirement of law that as a condition of recording, a document must be an original document, printed on paper or other tangible medium, or be in writing. (Bill Section 1, 6.(a))
Provides that if otherwise required by law that a document be signed as a condition of recording, the requirement may be satisfied by an electronic signature. (Bill Section 1, 6.(b)) Further provides that a requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform the act, and all other information required to be included, is attached to or logically associated with the document or signature. Clarifies that a physical or electronic image of a stamp, impression or seal need not accompany an electronic signature if the Notary has attached an electronic notarial certificate meeting the requirements of Section 137-a of New York Executive Law. (Bill Section 1, 6.(c))
Requires a Notary Public to notify the Secretary of State within five days after the change of an email address; such notification, signed with the Notary Public’s official electronic signature, must be electronically transmitted to the Secretary of State. (Bill Section 1, 7.)
Prohibits any Notary Public or business employing the services of a Notary Public operating in New York State from exclusively requiring that notarial transactions utilize electronic notarization. (Bill Section 1, 8.)
Amends Section 136 of New York Executive Law to establish that a Notary Public performing an electronic notarial act under Section 137-a of New York Executive Law may charge a fee set through regulation of the Secretary of State. (Bill Section 2, 3.)
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NEW YORK – SB 7780
Effective February 25, 2022
View this bill
Authorization, Procedures and Requirements. Allows any commissioned New York Notary to perform a remote notarization on electronic or paper documents, using communication technology allowing the Notary to interact with a principal and subject to all statutory conditions. The Notary Public must be physically situated in New York State at the time of the remote notarization; the principal may be situated anywhere including outside New York and/or outside the United States, subject to specified conditions.
Requires a Notary performing a remote notarization using communication technology to:
• Verify the principal’s identity by means of personal knowledge; or all three of the principal’s remote presentation of a credential, credential analysis and identity proofing of the principal; or oath or affirmation of a credible witness who personally knows the principal and who is either personally known to the Notary or who is identified by the Notary (by means noted immediately above). A Notary may require an individual to provide additional information or ID credentials needed to assure the Notary of the principal’s identity.
• Utilize communication technology that allows real-time, direct interaction between the principal and the Notary.
• Ensure an audio-video recording of the remote notarization is made, and must retain the recording for at least 10 years.
• Take reasonable steps to ensure that a backup of the recording exists and is secured against unauthorized use. (A Notary may authorize a third party to retain the recordings on the Notary’s behalf, provided that all such recordings are available to the Secretary of State upon request.
• Ensure he/she/they can reasonably confirm that a record before the Notary is the same record in which the principal made a statement or on which the principal executed a signature.
• Maintain a journal of each remote notarization performed and upon demand, produce the journal for inspection by the Secretary of State.
Requires a notarial act performed remotely to contain a statement substantially like: “This remote notarial act involved the use of communication technology.” (Generally appearing in the notarial certificate.)
Authorizes a Notary Public to certify that a tangible copy of the signature page and document type of an electronic record remotely notarized by the Notary is an accurate copy of such electronic record. Requires such certification to be dated and signed by the Notary (with the Notary’s official signature on file with the Secretary of State) and to comply with Executive Law Section 137. Provides for the acceptance into public records (recording) by a county clerk, city registrar or other recording officer, where applicable, of such tangible copy of an electronic record when the record is otherwise eligible to be recorded under New York law. Provides statutory language for a sufficient “Certificate of Authenticity” (the notarial certificate) for a certified tangible copy of the signature page and document type of an electronic record.
Provides that a Notary Public shall maintain a journal in which all remote notarizations are recorded for as long as the Notary remains in office, and for an additional five years thereafter. Requires journal entries to be made contemporaneously (at the same time as) performance of each remote notarization. Provides the required information to be entered into each journal entry.
Provides procedural requirements for a remote notarization involving paper documents.
Establishes the fees a Notary Public may receive for performing specified notarial acts by means of remote notarization.
Rulemaking, Secretary of State. Authorizes the Secretary of State to promulgate regulations establishing minimum standards for various aspects of remote notarization, as well as for any other matters necessary to administer the provisions set forth in SB 7780.
Other Provisions. Establishes circumstances justifying a civil cause of action by persons suffering actual damages resulting from a principal violating the temporary remote notarization provisions set forth in SB 7780. Affirms the Secretary of State’s statutory authority to suspend or remote from office any Notary Public that violates these provisions.
Permanent Remote Notarization Provisions (Effective January 31, 2023)
Amends Section 137-a of New York’s Executive Law, which was enacted in 2021 and now will be effective on January 31, 2023.
Amends references to “electronic document” to “electronic record.” Establishes definitions for “principal,” and “record.”
Clarifies that any New York Notary Public will be authorized to perform an electronic notarial act by means of audio-video communication technology allowing the Notary to interact with a principal and subject to conditions set forth in statutes.
Requires that regulations by the Secretary of State to establish standards for performance of (permanent; i.e. post-January 31, 2023) remote notarizations shall include a standard requiring two or more different processes for authenticating the identity of a remotely located individual utilizing technology in order to detect and deter fraud, but also allow a Notary Public’s personal knowledge of a document signer to satisfy such requirement.
Clarifies that a Notary Public’s registration with the Secretary of State of his/her/their capability to notarize electronically shall involve payment of a fee set by regulation.
Clarifies that any notarial act authorized by Executive Law Section 135 may be performed as an electronic notarization on any instrument in writing that under applicable law may be signed with an electronic signature, provided the Notary is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature.
Establishes certain requirements for a New York Notary’s remote notarization involving a principal located outside the United States: the record or subject of the notarial act must be intended to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or it shall involve property located in the territorial jurisdiction of the United States or shall involve a transaction substantially connected to the United States.
Clarifies that a Notary Public shall use/apply an electronic signature when performing an electronic notarial act relating to instruments in writing.
Clarifies that the remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgment or making the oath appeared through use of communication technology.
Provides that a Notary Public may use electronic means to affix, beneath the Notary’s signature in a notarial certificate for an electronic notarial act, information conveying the Notary’s authority (the Notary’s name, “Notary Public, State of New York,” etc.)
Establishes that the provisions of permanent Executive Law 135-c shall not be construed to require any Notary Public to perform a remote notarization. Authorizes a Notary Public to refuse to perform a notarial act if the Notary Public is not satisfied that (a) the principal is competent or has the capacity to execute a record; or (b) that the principal’s signature is knowingly and voluntarily made.
Establishes that notwithstanding Article Nine of New York’s Real Property Law or any other law to the contrary, any notarial act performed in conformity with the law satisfies any requirement of law that a principal personally appear before, be in the presence of, or be in a single time and place with a Notary Public at the time of performance of a notarial act, unless a law expressly excludes the authorization provided for.
Authorizes a Notary Public to certify that a tangible copy of the signature page and document type of an electronic record remotely notarized by the Notary is an accurate copy of such electronic record. Requires such certification to be dated and signed by the Notary (with the Notary’s official signature on file with the Secretary of State) and to comply with Executive Law Section 137. Provides for the acceptance into public records (recording) by a county clerk, city registrar or other recording officer, where applicable, of such tangible copy of an electronic record when the record is otherwise eligible to be recorded under New York law. Provides statutory language for a sufficient “Certificate of Authenticity” (the notarial certificate) for a certified tangible copy of the signature page and document type of an electronic record.
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NEW YORK – SB 888Effective February 25, 2022
View this bill
Moves the June 20, 2022 effective date of “permanent” remote notarization provisions enacted in 2021 to January 31, 2023. Establishes, effective immediately, “temporary” remote notarization provisions that are effective through January 30, 2023. Enacts remote ink notarization provisions that are repealed on January 30, 2023.
Temporary Remote Notarization Provisions (Effective Through January 30, 2023)
Definitions. Defines “communication technology,” “credential,” “credential analysis,” “electronic,” “electronic record,” “electronic signature,” “identity proofing,” “notarial act,” “principal,” “record,” “remote notarization,” “remote presentation,” “wet signature,” and “outside the United States.”
Authorization, Procedures and Requirements. Allows any commissioned New York Notary to perform a remote notarization on electronic or paper documents, using communication technology allowing the Notary to interact with a principal and subject to all statutory conditions. The Notary Public must be physically situated in New York State at the time of the remote notarization; the principal may be situated anywhere including outside New York and/or outside the United States, subject to specified conditions.
Establishes that the provisions of temporary Executive Law 135-c shall not be construed to require any Notary Public to perform a remote notarization. Further provides that the provisions of temporary Executive Law 135c shall not be construed to require a Notary Public to use an electronic signature to perform a remote notarization, and clarifies that a remote notarization may be completed by wet signature or electronic signature. Authorizes a Notary Public to refuse to perform a notarial act if the Notary Public is not satisfied that (a) the principal is competent or has the capacity to execute a record; or (b) that the principal’s signature is knowingly and voluntarily made.
Provides the required attributes of a Notary Public’s electronic signature when the Notary performs a remote notarization relating to an electronic record (capable of independent verification; retained under the Notary’s sole control’ attached or logically associated with the electronic record; and linked to the data such that any subsequent alterations to the underlying electronic record are detectable and may invalidate the notarial act.
Establishes that notwithstanding Article Nine of New York’s Real Property Law or any other law to the contrary, any notarial act performed in conformity with the (temporary) law satisfies any requirement of law that a principal personally appear before, be in the presence of, or be in a single time and place with a Notary Public at the time of performance of a notarial act, unless a law expressly excludes the authorization provided for.
Requires a Notary performing a remote notarization using communication technology to:
• Verify the principal’s identity by means of personal knowledge; or all three of the principal’s remote presentation of a credential, credential analysis and identity proofing of the principal; or oath or affirmation of a credible witness who personally knows the principal and who is either personally known to the Notary or who is identified by the Notary (by means noted immediately above). A Notary may require an individual to provide additional information or ID credentials needed to assure the Notary of the principal’s identity.
• Utilize communication technology that allows real-time, direct interaction between the principal and the Notary.
• Ensure an audio-video recording of the remote notarization is made, and must retain the recording for at least 10 years.
• Take reasonable steps to ensure that a backup of the recording exists and is secured against unauthorized use. (A Notary may authorize a third party to retain the recordings on the Notary’s behalf, provided that all such recordings are available to the Secretary of State upon request.
• Ensure he/she/they can reasonably confirm that a record before the Notary is the same record in which the principal made a statement or on which the principal executed a signature.
• Maintain a journal of each remote notarization performed and upon demand, produce the journal for inspection by the Secretary of State.
Requires a notarial act performed remotely to contain a statement substantially like: “This remote notarial act involved the use of communication technology.” (Generally appearing in the notarial certificate.)
Authorizes a Notary Public to certify that a tangible copy of the signature page and document type of an electronic record remotely notarized by the Notary is an accurate copy of such electronic record. Requires such certification to be dated and signed by the Notary (with the Notary’s official signature on file with the Secretary of State) and to comply with Executive Law Section 137. Provides for the acceptance into public records (recording) by a county clerk, city registrar or other recording officer, where applicable, of such tangible copy of an electronic record when the record is otherwise eligible to be recorded under New York law. Provides statutory language for a sufficient “Certificate of Authenticity” (the notarial certificate) for a certified tangible copy of the signature page and document type of an electronic record.
Provides that a Notary Public shall maintain a journal in which all remote notarizations are recorded for as long as the Notary remains in office, and for an additional five years thereafter. Requires journal entries to be made contemporaneously (at the same time as) performance of each remote notarization. Provides the required information to be entered into each journal entry.
Provides procedural requirements for a remote notarization involving paper documents.
Establishes the fees a Notary Public may receive for performing specified notarial acts by means of remote notarization.
Rulemaking, Secretary of State. Authorizes the Secretary of State to promulgate regulations establishing minimum standards for various aspects of remote notarization, as well as for any other matters necessary to administer the provisions set forth in SB 7780.
Other Provisions. Establishes circumstances justifying a civil cause of action by persons suffering actual damages resulting from a principal violating the temporary remote notarization provisions set forth in SB 7780. Affirms the Secretary of State’s statutory authority to suspend or remote from office any Notary Public that violates these provisions.
Permanent Remote Notarization Provisions (Effective January 31, 2023)
Amends Section 137-a of New York’s Executive Law, which was enacted in 2021 and now will be effective on January 31, 2023.
Amends references to “electronic document” to “electronic record.” Establishes definitions for “principal,” and “record.”
Clarifies that any New York Notary Public will be authorized to perform an electronic notarial act by means of audio-video communication technology allowing the Notary to interact with a principal and subject to conditions set forth in statutes.
Requires that regulations by the Secretary of State to establish standards for performance of (permanent; i.e. post-January 31, 2023) remote notarizations shall include a standard requiring two or more different processes for authenticating the identity of a remotely located individual utilizing technology in order to detect and deter fraud, but also allow a Notary Public’s personal knowledge of a document signer to satisfy such requirement.
Clarifies that a Notary Public’s registration with the Secretary of State of his/her/their capability to notarize electronically shall involve payment of a fee set by regulation.
Clarifies that any notarial act authorized by Executive Law Section 135 may be performed as an electronic notarization on any instrument in writing that under applicable law may be signed with an electronic signature, provided the Notary is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature.
Establishes certain requirements for a New York Notary’s remote notarization involving a principal located outside the United States: the record or subject of the notarial act must be intended to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or it shall involve property located in the territorial jurisdiction of the United States or shall involve a transaction substantially connected to the United States.
Clarifies that a Notary Public shall use/apply an electronic signature when performing an electronic notarial act relating to instruments in writing.
Clarifies that the remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgment or making the oath appeared through use of communication technology.
Provides that a Notary Public may use electronic means to affix, beneath the Notary’s signature in a notarial certificate for an electronic notarial act, information conveying the Notary’s authority (the Notary’s name, “Notary Public, State of New York,” etc.)
Establishes that the provisions of permanent Executive Law 135-c shall not be construed to require any Notary Public to perform a remote notarization. Authorizes a Notary Public to refuse to perform a notarial act if the Notary Public is not satisfied that (a) the principal is competent or has the capacity to execute a record; or (b) that the principal’s signature is knowingly and voluntarily made.
Establishes that notwithstanding Article Nine of New York’s Real Property Law or any other law to the contrary, any notarial act performed in conformity with the law satisfies any requirement of law that a principal personally appear before, be in the presence of, or be in a single time and place with a Notary Public at the time of performance of a notarial act, unless a law expressly excludes the authorization provided for.
Authorizes a Notary Public to certify that a tangible copy of the signature page and document type of an electronic record remotely notarized by the Notary is an accurate copy of such electronic record. Requires such certification to be dated and signed by the Notary (with the Notary’s official signature on file with the Secretary of State) and to comply with Executive Law Section 137. Provides for the acceptance into public records (recording) by a county clerk, city registrar or other recording officer, where applicable, of such tangible copy of an electronic record when the record is otherwise eligible to be recorded under New York law. Provides statutory language for a sufficient “Certificate of Authenticity” (the notarial certificate) for a certified tangible copy of the signature page and document type of an electronic record.
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Signed March 12, 2021
Effective: “This act takes effect on the same date and in the same manner as a chapter of the laws of 2020 amending the general obligations law relating to reforming the statutory short form and other powers of attorney for purposes of financial and estate planning, as proposed in legislative bills numbers S.3923-a and A.5630-a, takes effect.” [Bill excerpt]
View this bill
Allows New York Notaries Public to serve as both Notary and a subscribing (signing) witness with regard to the statutory short form and other powers of attorney, for purposes of financial and estate planning, that are executed as prescribed in Section 3-2.1 of New York's Estate, Powers and Trusts law. Provides that such witnesses cannot be named in the instrument as agents or as permissible recipients of gifts.
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Information on this page is provided with the understanding that the user is solely responsible for his/her knowledge of notarial law, procedures and practices. The information contained on this page is for informational purposes only and should not be construed as legal advice. All information is subject to change without notice and therefore is provided “as is,” free of warranty of any kind.
Information on this page is provided with the understanding that the user is solely responsible for his/her knowledge of notarial law, procedures and practices. The information contained on this page is for informational purposes only and should not be construed as legal advice. All information is subject to change without notice and therefore is provided “as is,” free of warranty of any kind.
Last updated July 2025.
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