By: Michael L. Moskowitz and Melissa A. Guseynov
As practitioners are aware, notarization is required for numerous sworn statements and affidavits. This typically requires the person executing the document to physically appear before a notary public. However, with the onset of the Covid-19 pandemic, New York allowed remote notarization to take place on a limited and temporary basis. However, on December 22, 2021, Governor Kathy Hochul signed into law Senate Bill 1780C, which permanently provides for electronic notarization with the use of video technology, subject to certain restrictions. The law, which takes effect on June 20, 2022, aligns New York with a majority of states that permit remote notarization.
Importantly, the new law provides the New York Secretary of State with regulatory authority over the implementation of remote notarization, including: (a) promulgating standards for ensuring the security of the technology used; (b) requiring the notary session be conducted in real-time; and (c) requiring the notary be able to adequately communicate with and identify the person executing the document. Significantly, a notary must register an electronic signature with the Division of Licensing and the name of the program used to create the electronic signature. In addition, a New York notary who conducts an electronic notarization must retain a recording of the session and proof of identity for ten years. Notaries also must register with New York State Division of Licensing and can only conduct a remote notarization while physically located in New York.
About Weltman & Moskowitz, LLP, A New York and New Jersey Business, Bankruptcy and Creditors’ Rights Law Firm:
Founded in 1987, Weltman & Moskowitz, LLP is a highly regarded business law firm concentrating on creditors’ rights, bankruptcy, foreclosure, and business litigation. Michael L. Moskowitz, a partner, focuses his practice on business and bankruptcy litigation, as well as creditor’s rights, foreclosure, adversary proceeding litigation, corporate counseling, M&A, and transactional matters. Michael can be reached at (212) 684-7800, (201) 794-7500 or mlm@weltmosk.com. Melissa Guseynov is an associate with the firm. Melissa can be reached at mag@weltmosk.com .
