Gov. Andrew Cuomo has again extended the temporary use of remote electronic notarization in New York state — this time until March 16, 2021.
Credit unions across the state have been utilizing remote electronic notarization services as a result of a March 2020 executive order and subsequent extensions that temporarily authorized this technology.
As part of Executive Order 202.7, electronic notarization is permitted under certain circumstances. Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
- the person seeking the notary’s services, if not personally known to the notary, must present valid photo ID to the notary during the video conference, not merely transmit it prior to or after;
- the video conference must allow for direct interaction between the person and the notary (e.g. no pre-recorded videos of the person signing);
- the person must affirmatively represent that he or she is physically situated in the State of New York;
- the person must transmit by fax or electronic means a legible copy of the signed document directly to the notary on the same date it was signed;
- the notary may notarize the transmitted copy of the document and transmit the same back to the person; and
- the notary may repeat the notarization of the original signed document as of the date of execution provided the notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.
William J. Mellin, New York Credit Union Association president/CEO, has previously called for support of legislation that would allow for the permanent use of remote electronic notarization in New York and the Association sees remote electronic notarization as an urgent resource that must be continued.
According to the Association’s 2021 legislative priorities, the pandemic “has demonstrated why remote notarization is essential. The technology provides a safe way of conducting a wide variety of essential legal services ranging from closing on a house to notarizing a will.”
“While the Executive Order authorizing the temporary use of remote notarization is a good first step, New York needs a permanent and more robust electronic notarization process, and this is just one aspect of the Association’s overall efforts to advocate for a modernized virtual documentation framework across the state.”