On February 25, 2022, New York Gov. Kathy Hochul signed Senate Bill 7780 into law, which will be effective January 31, 2023. The new law amends Senate Bill 1780C, which was signed into law in December 2021, and authorized use of remote online notarization (“RON”) technology in the state. To read more about the prior RON bill, which added a new section for Electronic Notarization to New York executive law, click here.
Notable changes from Senate Bill 7780 include:
- Executive Law 137-a enacted under Senate Bill 1780C renumbered as Executive Law 135-c.
- Effective date for full RON law extended from June 20, 2022, to January 31, 2023.
- Temporarily authorizes notaries to perform a remote ink-signed notarization (“RIN”) until the January 31, 2023 effective date.
- Additional definitions included for “Credential” and “Credential Analysis”.
- Allows notaries located within the state of New York to perform remote notarizations for parties located in any state and outside of the Unites States. For notarizations outside of the United States, the principal must be signing a record that (1) will be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States or (2) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected to the United States.
- Includes language that must be included in notary certificate for RON. “This remote notarial act involved the use of communication technology.” Additionally, language is provided for a Certificate of Authenticity.
As of the January 31, 2023 effective date, New York notaries must be registered with the NY Department of State as an electronic notary to provide RON services. Additionally, New York notaries mush keep a recording of a RON session for ten years along with a record of the type of identification shown to the notary.
DocMagic will make any required document updates prior to the effective date to fully support electronic notarizations for New York.
