New Notary Rules Impact Both Electronic and In-Person Notarial Acts
February 17, 2023
First authorized in early 2020 as an emergency measure during the height of the COVID-19 pandemic, NY became the 38th state to adopt electronic notarization in December 2021. New rules created pursuant to this law and impacting all notaries are set to take effect on January 25, 2023.
All notaries will be subject to mandatory record-keeping requirements. Pertinent information must be logged at the time of notarization and maintained for 10 years. The rules also set forth new requirements for notaries, distinguish between instances when a notary may refuse and must refuse to perform a notarial act, and codify requirements for satisfactory evidence of identity.
Electronic notaries are also subject to heightened requirements, including payment of an additional $60 fee and registration with the Department of State as an electronic notary. Notably, the new rules require credential analysis and identity proofing by a 3rd party service to validate identification of any individual not personally known to the electronic notary. In addition, an electronic notary must be able to correspond with individuals seeking notarization in real-time via a live, audio and visual communication, which must be recorded and maintained for 10 years. The notary must use a network that permits location detection and be physically located in NY when performing the notarial act. To account for these heightened requirements, the fee for an electronic notarization is $25.
Need a notary? Nationwide Court Services, Inc. provides notary services, and provides training for those taking the notary exam.
For additional information, contact: info@nationwidecourtservice.com
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