Electronic notarization

* § 137-a. Electronic notarization. 1. Definitions. (a) "Communication
technology" means an electronic device or process that: (i) allows a
notary public and a remotely located individual to communicate with each
other simultaneously by sight and sound; and (ii) when necessary and
consistent with other applicable law, facilitates communication with a
remotely located individual who has a vision, hearing, or speech
impairment.

(b) "Electronic" shall have the same meaning as set forth in
subdivision one of section three hundred two of the state technology
law.

(c) "Electronic document" means information that is created,
generated, sent, communicated, received or stored by electronic means.

(d) "Electronic notarial act" means an official act by a notary
public, physically present in the state of New York, on or involving an
electronic document and using means authorized by the secretary of
state.

(e) "Electronic notary public" or "electronic notary" means a notary
public who has registered with the secretary of state the capability of
performing electronic notarial acts.

(f) "Electronic signature" shall have the same meaning as set forth in
subdivision three of section three hundred two of the state technology
law.

2. Identifying document signers. (a) The methods for identifying
document signers for an electronic notarization shall be the same as the
methods required for a paper-based notarization; provided, however, an
electronic notarization conducted utilizing communication technology
shall meet the standards which have been approved through regulation by
the secretary of state as acceptable. 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.

(b) 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. The recording shall be
maintained for a period of at least ten years from the date of
transaction.

3. Registration requirements. (a) Before performing any electronic
notarial act or acts, a notary public shall register the capability to
notarize electronically with the secretary of state in a form prescribed
by the secretary of state.

(b) In registering the capability to perform electronic notarial acts,
the notary public shall provide the following information to the
secretary of state, notary processing unit:

(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.

4. Types of electronic notarial acts. (a) Any notarial act authorized
by section one hundred thirty-five of this article may be performed
electronically as prescribed by this section if: (i) under applicable
law that 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.

(b) An electronic notarial act performed using communication
technology pursuant to this section satisfies any requirement of law of
this state 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.

5. Form and manner of performing the electronic notarial act. (a) 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 such electronic signature is
detectable and will render evidence of alteration of the document
containing the notary signature which may invalidate the electronic
notarial act.

(b) The notary public's electronic signature is deemed to be reliable
if the standards which have been approved through regulation by the
secretary of state have been met. Such regulations shall include, but
not be limited to, the requirements that such electronic signature be:

(i) unique to the notary public;

(ii) capable of independent verification;

(iii) retained under the notary public's sole control;

(iv) attached to the electronic document; and

(v) linked to the date in such a manner that any subsequent
alterations to the underlying document are detectable and may invalidate
the electronic notarial act.

(c) The notary public's electronic signature shall be used only for
the purpose of performing electronic notarial acts.

(d) The remote online notarial certificate for an electronic notarial
act shall state that the person making the acknowledgement or making the
oath appeared remotely online.

(e) The secretary shall adopt rules necessary to establish standards,
procedures, practices, forms, and records relating to a notary public's
electronic signature. The notary public's electronic signature shall
conform to any standards adopted by the secretary.

6. Recording of an electronic record. (a) If otherwise required by law
as a condition for recording that a document be an original document,
printed on paper or another tangible medium, or be in writing, the
requirement is satisfied by paper copy of an electronic record that
complies with the requirements of this section.

(b) If otherwise required by law as a condition for recording, that a
document be signed, the requirement may be satisfied by an electronic
signature.

(c) 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 that act, and all other information required to be included,
is attached to or logically associated with the document or signature. 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 that meets the requirements of this
section.

7. Change of e-mail address. Within five days after the change of an
electronic notary public's e-mail address, the notary public shall
electronically transmit to the secretary of state a notice of the
change, signed with the notary public's official electronic signature.

8. No notary public or business employing the services of a notary
public operating in the state of New York shall exclusively require
notarial transactions to utilize electronic notarization.

* NB Effective January 1, 2023 (on the same date, this section becomes
§ 135-c)