Remote Notarization was authorized in New York State in accordance with section 135-c of the…
New York REQUIRES Detailed Record Keeping by Notaries
As of January 25, 2023, all New York notaries must keep detailed records of all of the notarizations they perform.
This new requirement is part of the legislative package that legalized electronic notarization in New York. The new rule, 19 NYCRR 182.9, provides that all notaries must keep detailed records of all the notarial services they perform, including certain specific information. Such record keeping must include:
- The date, approximate time, and type of notarial acts performed;
- The name and address of any individuals for whom a notarial act was performed;
- The number and type of notarial services provided;
- The type of credential used to identify the principal […];
- The verification procedures used for any personal appearance before the notary public; and
- For electronic notarial acts, identification of the communication technology and, if not included as part of the communication technology used by the electronic notary, the certification authority and verification providers used.”
All records must be kept by the notary for a minimum of ten years and must be able to be produced as may be necessary.
Notaries should be careful to ensure their immediate compliance with the new regulations, as failure to do so could result in criminal penalties. Notaries in New York are considered public servants subject to the provisions of New York Penal Law § 195.00, which defines official misconduct and implements criminal penalties. Specifically, if a public servant “knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office” with certain intent, such public servant may be guilty of official misconduct, which is a class A misdemeanor.
For more information on the changes to New York State notary law, you can visit the Department of State’s notary website at https://dos.ny.gov/notary-public.
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