Alerts

New York Governor Temporarily Adjusts Notary Law to Permit Use of ‘Audio-Video Technology'

Alerts / March 20, 2020

Amid the COVID-19 pandemic, certain states are adjusting rules by emergency executive order. For example, by an order dated March 19, 2020, Gov. Andrew Cuomo of New York relaxed New York’s notary requirements to permit use of “audio-video technology” through April 18 under specialized rules.

The Executive Order provides that “[a]ny 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.”

For more information regarding signing documents electronically and remote notarization, see the alert “The COVID-19 Pandemic Raises the Importance of Understanding Whether and When Documents May be Signed Electronically and Witnessed or Notarized Remotely.”

Authorship Credit: Kyle B. Gee (216.861.7276, kgee@bakerlaw.com)

Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience.

Related Services

Related Emerging Issues