Updated August 12, 2020
Governor Cuomo has issued an Executive Order permitting documents to be notarized via videoconference through April 18th. The Order was followed by the New York Department of State issuing Guidance to Notaries Concerning Executive Order 202.7. This Order was extended through May 7, 2020, by Executive Order 202.14 and then extended further to June 6, 2020 by Executive Order 202.28. The Order was again extended through July 6, 2020 by Executive Order 202.38 and again to August 5, 2020 by Executive Order 202.48. More recently, Executive Order 202.55 extended remote notarization until September 4, 2020 and then to October 4, 2020 by Executive Order 202.60.
With remote notarization, a signer appears before the Notary at the time of the notarization using audio-visual technology over the Internet instead of being physically present in the same room. This provides a safe and efficient way for our fellow New Yorkers to finalize transactions requiring a notary stamp while continuing the practice of social distancing.
Executive Order No. 202.7 and the Guidance to Notaries Concerning Executive Order 202.7 provide that any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
- The person seeking the Notary’s services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;
- The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing);
- The person must affirmatively represent that he or she is physically situated in the State of New York;
- The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
- The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
- The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.
- If the Notary and person are in different counties, the Notary should indicate the county where each person is located.
- The notary must print and sign the document, in ink, and may not use an electronic signature to officiate the document.
The Guidance also includes two recommendations, which are not required:
- Keep a notary log.
- Indicate that the notarization was made pursuant to Executive Order 202.7.