IMPORTANT UPDATE: Effective 2/25/23, remote notarization is now authorized in New York State, per section 135-C of the Executive Law.
REGARDLESS of whether or not you choose to become an Electronic Notary, it is important to note that you MUST use a JOURNAL for everything you Notarize beginning 1/1/2023! This applies to Traditional Notaries Public as well as Electronic Notaries Public.
Please note this is Not the same law that was issued during the pandemic under (Executive Order 202.7) whereby Governor Cuomo allowed for the temporary emergency use of electronic notarization ie: Remote Ink Notarization (RIN).
“Remote Electronic Notarization” (REN) essentially is a form of notarization where a notary Officiates the document remotely through audio-visual technology and where other security protocols must be utilized. Most importantly the following requirements were implemented: (covered in more detail under NYS License Law §135-c Electronic Notarization (NYS LL p. 8-10 and “Rules & Regulations: Title 19 NYCRR: Chapter V, Subchapter L: Part 182: Notaries Public NYS LL p. 15-18)
1. Credential Analysis
2. Identity Proofing
3. Journal Recording & Saving of files for 10 years
(for ALL types of notarization) both wet ink paper and electronic
4. Application for an Electronic Notary Commission (separate & in addition to a traditional notary commission) https://businessexpress.ny.gov
You cannot participate as an electronic notary until you have filed an application with the Department of State and pay the statutory fee $60.
5. Communication Technology requirements including safeguard protocols for securing electronically notarized documents and the prevention of alterations once notarized.
6. Signal Transmission
7. Preparing a Certificate of Authentication by an Electronic Notary
8. Provisions for communicating with persons of visually, hearing or speech impaired.
9. Provisions for and Maintenance of an Electronic Record of your Notarizations
10. Electronic Signatures
11. Laws pertaining to Audio Visual Technology
12. Established standards for identifying document signers
13. Geographic Boundaries of Electronic Notarization
14. Location Detection
15. Change of Address and/or Email Address Requirements (5 day notice)
RECAP & Essentials:
Journals are mandatory beginning January 1, 2023:
You may use a paper journal or electronic journal for your notarizations.
Paper Journal
Digital Journal
Remote Notarization Platform needed to perform Electronic Notarizations:
Application for Electronic Notarizations: https://businessexpress.ny.gov/
Check back with us in the next few weeks I will be offering a mini course on Electronic Notarization, which can be found here: https://www.notarypubliccentral.com/notary-classes
Change of Address (either physical & email) Form:
