NYS - New York State Notary Electronic and Remote Notarization Questions and Answers 1 — Questions and Answers
Question 1: A New York notary public who is registered to perform electronic notarizations is conducting a remote notarial act. According to NY Executive Law § 135-c, which of the following is a strict requirement regarding the physical location of the parties?
- Both the notary and the signer must be physically located within New York State.
- The notary must be physically located in New York State, but the signer can be located outside of the state. (Correct answer)
- The signer must be physically located in New York State, but the notary can be in any state that authorizes remote notarization.
- As long as both parties are U.S. citizens, their physical location during the electronic notarization is not restricted.
Correct answer: The notary must be physically located in New York State, but the signer can be located outside of the state.
New York Executive Law § 135-c requires that the electronic notary public must be physically present in New York State at the time of the notarial act. The law allows the signer (principal) to be located outside of New York, even outside the United States in certain circumstances.
Question 2: Under the regulations for electronic notarization in New York, a notary must create and maintain a recording of each remote notarial act. For what minimum period must this audio-visual recording be retained?
- For the duration of the notary's current commission term.
- For 5 years from the date of the notarial act.
- For 10 years from the date of the notarial act. (Correct answer)
- Indefinitely, as a permanent record.
Correct answer: For 10 years from the date of the notarial act.
New York State law mandates that an electronic notary must make and keep an audio-visual recording of the entire electronic notarization session. This recording, along with a backup, must be retained for a minimum of 10 years.
Question 3: Which of the following methods of notarization was temporarily permitted during the COVID-19 pandemic but was officially REPEALED and is no longer authorized in New York State as of January 31, 2023?
- Traditional in-person notarization with a wet signature.
- Electronic notarization using approved audio-visual technology.
- In-person electronic notarization (IPEN).
- Remote Ink Notarization (RIN). (Correct answer)
Correct answer: Remote Ink Notarization (RIN).
Remote Ink Notarization (RIN), a process where a signer would wet-ink sign a paper document and then transmit it to a remote notary, was authorized temporarily but was repealed when the permanent electronic notarization law (Executive Law § 135-c) took full effect. As of January 31, 2023, RIN is no longer a permitted practice in New York.
Question 4: A client, who is physically located in another country, needs a document notarized for a property transaction within the United States. A New York electronic notary is arranging a remote session. What must the notary do in this specific scenario?
- Refuse the notarization as the signer is outside the U.S.
- Require the signer to provide a letter of request from a U.S. embassy.
- Verify through verbal confirmation from the signer that the transaction is connected with the United States. (Correct answer)
- Charge an additional international service fee as set by the Department of State.
Correct answer: Verify through verbal confirmation from the signer that the transaction is connected with the United States.
New York law permits electronic notarization for signers located outside of the United States, provided the notary verbally confirms with the signer during the recorded session that the record or subject of the notarial act involves property located in the U.S. or is a transaction substantially connected with the United States.
Question 5: To become registered as an electronic notary in New York, a person must first hold a commission as a traditional notary public. What is the next step they must take?
- Pass a specialized electronic notarization exam.
- Purchase a surety bond specifically for electronic notarial acts.
- Register their capability to perform electronic notarizations with the Department of State. (Correct answer)
- Obtain a digital certificate from the County Clerk's office.
Correct answer: Register their capability to perform electronic notarizations with the Department of State.
After obtaining a traditional notary commission, the next required step is to formally register with the New York Department of State the capability to perform electronic notarial acts. This involves an online application process and payment of a fee.
Question 6: When performing a remote electronic notarization, the notary's certificate must contain specific language. Which of the following statements is required to be included in the notarial certificate for a remote act?
- "This notarial act was performed in accordance with NY Executive Law § 135-c."
- "The signer's identity was verified using credential analysis."
- "This remote notarial act involved the use of communication technology." (Correct answer)
- "The audio-visual recording of this act is stored securely for a minimum of 10 years."
Correct answer: "This remote notarial act involved the use of communication technology."
New York regulations explicitly require that the jurat or notarial certificate for a remote online notarial act must include a statement indicating that the act was performed using communication technology. The specific language required is: "This remote notarial act involved the use of communication technology." or a substantially similar statement.
NYS - New York State Notary Electronic and Remote Notarization Questions and Answers 1
A New York notary public who is registered to perform electronic notarizations is conducting a remote notarial act.
According to NY Executive Law § 135-c, which of the following is a strict requirement regarding the physical location of the parties?