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Remote Notarizing In New York: Five Easy Steps

New York State Governor Andrew Cuomo recently issued Executive Order 202.7, extending a form of remote notarization through January 1, 2021. Here are the basic steps involved in the process of remotely notarizing a document in New York State.

1. The process begins with an individual who needs his or her signature on a document notarized (the “Signer”) and a Notary Public who must be licensed in the State of New York (the “Notary”).
 
2. Although the Signer and the Notary can be in different locations, they must both be within the State of New York at the time of signing and notarizing the document. This is known as “Remote Ink Notarization (RIN),” as compared to “Remote Online Notarization (RON),” which allows the parties to be in different states or even countries. RON is not permitted by New York State law at this time.
 
3. The Signer and Notary must be seeing each other on a computer screen via audio/visual technology (“AV Conference”). Interactive communication is required, and no pre-recorded messaging is allowed.
 
4. The documents must be in the Signer’s possession at the time of the AV Conference. However, the documents must not be signed until the conference begins. At the start of the conference the signer must display a state-issued photo ID or passport. The Signer will then affirm that he/she is presently located within the State of New York.
 
The signer signs the documents using “wet ink” (not digitally) as the Notary observes.
 
Before the AV conference ends, the Signer must fax or scan and electronically send the signed documents to the Notary who will sign and stamp the documents using wet ink, and scan and electronically send the documents to the Signer during the AV Conference.
 
5. In situations where the documents must be recorded (for example by a title insurance company in a real estate transaction), the Signer must send the original (paper) signed documents to the Notary within thirty days. A shorter time frame may be required or agreed to between the parties in certain transactions. The original documents will then be recorded with the wet ink signatures of both the Signer and the Notary, with an Acknowledgment from the Notary indicating that the notarization was taken via AV technology. If no recording of the documents is required, the Notary simply sends the wet ink notarized document and Acknowledgment to the signer for the intended use.
 
Bruce Feffer is a partner at Mandelbaum Salsburg and a member of the firm’s real estate department. He has represented clients in numerous transactions involving remote notarization in New York State. Feel free to contact him for assistance at Bfeffer@lawfirm.ms







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