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Gov. Hochul signed one & vetoed two bills over the weekend

Posted By Robert Treuber, Monday, November 25, 2024

This bill was signed by Governor Hochul and chaptered:

S2271 / A3225

An act to amend the real property law and the civil practice law and rules, in relation to clarifying requirements for acknowledgments, proofs, oaths and affirmations without the state Clarifies requirements for acknowledgements, proofs, oaths and affirmations without the state

These bills were vetoed by Governor Hochul:

S8136A / A9507

Establishes the New York state cryptocurrency and blockchain study task force to provide the governor and the legislature with information on the effects of the widespread use of cryptocurrencies and other forms of digital currencies and their ancillary systems, including but not limited to blockchain technology, in the state.

S8663 / A7241A

An act to amend the executive law, in relation to limiting recordkeeping
and reporting duties of public notaries

Exempt notarial acts as they relate non-electronic notarization, from being recorded or maintained in a notarial record.

 

 

 

 


Tags:  blockchain  Chaptered bills  Gov. Hochul  notary  vetoed bills 

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Remote Notarization and Notaries Public

Posted By Robert Treuber, Tuesday, January 17, 2023

Professional Notary Services, an NYSLTA member, has organized a "New York RON Roundtable" on

February 8th.

 

You can register here -


Tags:  Notary  Remote Notartization  RON 

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Remote Notary Explainer - March 14, 2022

Posted By Robert Treuber, Monday, March 14, 2022
Updated: Monday, March 14, 2022

 

WHAT YOU NEED TO KNOW

With the signing of a Chapter Amendment on February 25, 2022, New York State made remote notarization effective immediately.

 

There are two types of remote notarization:
1. Remote Ink-signed Notarization (RIN) – a signature in ink on a paper document (wet signature)
2. Remote Online Notarization (RON) - a digital document with an electronic signature

 

All remote notarizations require the use of technology to connect the signor(s) and the notary in real time using a secure means of live audio and visual communication.

 

WHY THIS MATTERS

The Department of State is required by law to issue regulations for remote notarization no later than January 31, 2023.  In the interim, there may be a lot of confusion and misunderstanding.  Title professionals need to be property informed to ensure the integrity of their documents and compliance with their underwriter guidelines.

 

IMPORTANT FACTORS

Remote notarization is authorized by Section 135-c of the Executive Law.

A remote notarization is any notarial act wherein a principal is not in the physical presence of the notary at the time of the notarial act.

Both RIN and RON notarizations are legal in New York State until January 31,2023, providing certain conditions are met.  After January 31, 2023, only RON remote notarizations are permitted.

 

KEY REQUIREMENTS

The notary must be physically present in the state of New York at the time of the notarial act.

The principal (the person whose signature is being notarized) can be anywhere in the United States or out of the country.

If the principal is out of the country, the notarial act must involve a document relating to property located in the United States or connected with the United States.

The notary and the principal must be able to see and hear each other in real time by means of audio-visual technology with security protocols that prevent unauthorized access.

 

The notary must authenticate the identity of the signor of the document using one of the three following methods:

  1. The signor must be personally known to the notary
  2. The oath or affirmation of a credible witness who personally knows the signor AND is personally known to the notary
  3. The identity of the signor and the credible witness is authenticated by means of credential analysis and identity proofing software to analyze and verify that an acceptable form of official identification presented by the signor and witness is not fraudulent.

What is…

Credential analysis validates the authenticity of the principal’s government-issued identification.

Identity proofing validates the identity of the principal

 

 

After the remote document has been signed by the principal, it must be transmitted to the notary for officiating. The notary must confirm that the document transmitted is the same as the one signed remotely in the notary’s presence before applying the notary stamp and signature to the document.

 

For an affidavit, the notary must administer an oath during the audio-visual conference and the principal signs in view of the notary. After signing the document is transmitted to the notary.

 

For RIN notarizations:

  • The principal must appear before the notary by means of a secure audio-visual technology
  • The signed document must be transmitted by the principal to the notary via mail, fax or electronic means to affix the notary’s stamp and signature
  • The notary must transmit the notarized document back to the principal via mail, fax or electronic means
  • A RIN notarized document that is electronically transmitted is considered an original document

 

 

 

 

 

 

 

 

 

 

The remote notarized document must include the following statement: “This remote notarial act involved the use of communications technology”.

 

The notary must make an audio-visual recording of the remote notarization and ensure that there is a back-up of the recording. The recordings must be kept for no less than ten (10) years. The notary may authorize a third-party to retain the recordings on behalf of the notary, provided that all recordings kept by the third-party are available to the Secretary of State upon request.

 

The notary is also required to keep a contemporaneous journal of all remote notarizations. The journal must be kept for as long as the notary remains a notary plus five years.

 

Each journal entry must be made at the same time as the notarial act and include all of the following:

  • the date and time of the notarial act,
  • the name of the remote signor,
  • the name of the audio-visual technology used to perform the notarization,
  • the number and types of documents officiated, and
  • the type of identification and credentials presented by the signor.

County Clerks may not require an additional fee and must accept for recording a copy of the electronic record if it has been certified by a notary as an authentic copy of the original document.

 

 

ABOUT THE NOTARY

At this time, any notary commissioned by the NYS Department of State can act as a traditional or remote notary. No separate application, license or fee is required.

 

On or before January 31, 2023, the Department of State will publish regulations which will require notaries who wish to provide remote notarization to register with the NYS Department of State, Division of Licensing Services; attest their capability to perform remote notarization and pay the required license fee to act as a remote notary.

 

 

Tags:  Notary  Remote Inksigned Notary  RIN  RON  Secretary of State 

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Remote Notary FAQ from NY Secretary of State

Posted By Robert Treuber, Friday, March 4, 2022
Updated: Friday, March 4, 2022

https://dos.ny.gov/notary-public#remote-notarization-faqs

 

 

Remote Notarization FAQs

What is remote notarization?
“Remote notarization” is a form of notarization where the notary officiates the document remotely through audio-visual technology and other security protocols. Remote notarization can be performed by a notary public by traditional ink (e.g., pen) or electronic signature.

How is remote notarization performed?
To provide a remote notarization, the notary public must be physically located within the State of New York at the time of the notarization.  The notary must identify the remote signor (also known as the “principal”) of the document through any of the following three methods:

  1. the notary’s personal knowledge of the signor;
  2. by means of communication technology that facilitates remote presentation by the signor of an official, acceptable form of ID, credential analysis, and identity proofing; or
  3. through oath or affirmation of a credible witness who personally knows the signor, and who is either personally known to the notary or identified by the previously referenced means of communication technology.

Commercial software is available to notaries public to perform identify proofing and credential analysis.

Regardless of the method used to confirm the identity of the signor, the notary must be able to see and interact, in real-time, with the remote signor of the document through audio-visual communication technology.  This technology must have security protocols in place to prevent unauthorized access.  The notary must make and keep an audio-visual recording of the remote notarization, and ensure that there is a back-up of the recording.

After the remote signor has executed the document, it must be transmitted to the notary public for officiating.  The notary must confirm that the document is the same as the one signed remotely in the notary public’s presence before applying the notary stamp and signature to the document.  The following statement must be added to the jurat “This remote notarial act involved the use of communication technology.”

What is credential analysis?
Credential analysis is a process where a third-party service validates a government-issued identification presented by an individual through a review of public and proprietary data sources.

What is identity proofing?
Identity proofing is a process or service through which a third party confirms the identity of a signor through review of personal information from public and proprietary data sources.

What is the difference between credential analysis and identify proofing?
Credential analysis validates the authenticity of the principal’s government-issued identification, and identity proofing validates the identity of the individual principal.

How long must a notary retain the audio-visual recording of each remote notarization performed?
A recording, containing both audio and video, of the remote notarization must be retained by the notary for at least ten (10) years. The notary must take reasonable steps to ensure a backup recording of the remote notarization exists and is secured from unauthorized use. The notary may authorize a third party to retain the recordings on behalf of the notary, provided that all recordings retained by a third party be made available to the Secretary of State upon request.

Is a notary journal required?
Yes, the notary public must keep a journal of all remote notarizations performed. Each journal entry must be made contemporaneously with the performance of the notarial act, and each entry must include the date and approximate time of the notarization, the name of the remote signor, the audio-visual technology used to perform the notarization, the number and type of documents officiated and notarial services provided, and the type of identification/credential presented by the remote signor of the document or documents.  The journal must be kept by the notary public for as long as they remain a notary and for an additional five years thereafter.

How much can a notary charge for remote notarization?
A notary public may charge $5.00 per act/signature. If the notary is not performing a remote notarization, the fee cannot exceed $2.00 per act.

Does the notary have to provide remote notary services?
No, if the notary does not have the appropriate technology or capability to provide such services, or does not wish to engage at all in remote notarization, a notary may decline to provide remote services. Additionally, a notary may and should refuse to provide remote notary services if the notary does not believe the person signing the document remotely has capacity to sign or if the notary does not believe the remote signor is signing the document voluntarily.

Do notaries have to register with the Secretary of State to provide remote notary services?
Any notary public commissioned by the NYS Department of State can act as a traditional or remote notary. No separate application or license is required, and the notary is not required to pay any additional fee to the Department of State or the County Clerk where the notary is currently commissioned.  On January 31, 2023 the rules for remote notarization will change.  One significant change is that as of January 31, 2023, any notary wishing to provide remote notarization, must register the capability to perform electronic notarizations with the NYS Department of State, Division of Licensing Services, and pay the requisite fee (which is to be determined and established in regulation) to act as an electronic notary.

Will remotely notarized documents be accepted by a county clerk or other government offices?
Yes, the new law states, in part, “[a] county clerk, city registrar, or other recording officer where applicable shall accept for recording a tangible copy of an electronic record and that is otherwise eligible to be recorded under the laws of this state if the record has been certified by a notary public or other individual authorized to perform a notarial act.” New York Executive Law § 135-c(12)(b). To be accepted, the notary would first have to certify the remotely notarized document.  New York Executive Law § 135-c(12)(a). Specific questions about filing such documents should be directed toward the filing office where the document will be submitted.

 

 

Tags:  Dept of State  Notary  Remote Inksigned Notary  Remote Online Notary  RIN  technology 

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Remote Notary Goes Live Today - RIN and RON

Posted By Robert Treuber, Friday, February 25, 2022
Updated: Friday, February 25, 2022
Effective 2/25/22, remote notarization is now authorized in New York State, per section 135-c of the executive law.

 

Notaries Public are "commissioned" (i.e., licensed) by the Secretary of State. Notarial functions include:

  • administering oaths and affirmations;
  • taking affidavits and depositions;
  • receiving and certifying acknowledgments or proof of such written instruments as deeds, mortgages and powers of attorney; and;
  • demanding acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and protesting the same for non-payment

 

To learn about remote notarization in New York State, click HERE.

(https://dos.ny.gov/notary-public#remote-notarization-faqs)

 

 

 

Tags:  Dept of State  Notary  Remore Online Notary  Remote Inksigned Notary  RIN  RON 

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RON Bill Signed by Gov. Hochul

Posted By Robert Treuber, Thursday, December 23, 2021
Updated: Thursday, December 23, 2021

Gov. Hochul signs RON bill

Governor Hochul has signed the RON bill (S1780/A399) with chapter amendments that she negotiated with the Legislature. Shortly after convening the Legislature in early January, the amendments will be passed by the Senate and the Assembly.

The bill has two parts

Part One takes effect when the amendment is passed in January. At that time, remote notarization will be permitted for paper and electronic documents, so-called RIN, Remote Ink-signed Notarization. The RIN process has previously been in use under Executive Order, issued during the pandemic.


Part One of the bill “sunsets” on January 31, 2023.


Part Two provides a period of time for the Secretary of State to develop guidelines and regulations for true remote online e-notarization. On January 31, 2023, the bill will allow notaries public to register with the Secretary of State as an electronic notary public  to perform in-person electronic notarization and remote notarization for electronic documents.


As always, if there are questions, agents should refer to instructions from their underwriter.

Land Title will prepare a FAQ document in the coming weeks.

Land Title will prepare a FAQ document in the coming weeks.


Tags:  notary  RON 

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NY A/V Notarization Explainer

Posted By Robert Treuber, Friday, April 3, 2020
Updated: Thursday, April 9, 2020

 

The Executive Order 202.7 allows temporary changes to notarization in New York.
 
There is confusion about this temporary solution (let's call it A/V Notarization) and the commercially available service called Remote Online Notary (RON).
 
Here is an easy to understand Explainer. Click the link below to download it.

 

 

 Attached Files:

Tags:  COVID-19  Executive Order  Notary  RON 

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