NYS Electronic and Remote Notarization 2 — Questions and Answers
Question 1: Under New York's remote online notarization (RON) law, the notary must verify the signer's identity using:
- A personal phone call only
- Knowledge-based authentication or credential analysis technology (Correct answer)
- A handwritten letter of introduction from the signer
- Verification by the county clerk
Correct answer: Knowledge-based authentication or credential analysis technology
RON in New York requires identity verification through approved methods such as knowledge-based authentication (KBA) or credential analysis.
New York's RON legislation (Executive Law §135-c) requires that remote notarizations use approved identity verification methods including knowledge-based authentication (dynamic questions based on the signer's history) and/or credential analysis (electronic verification of government-issued ID documents). These standards ensure the signer is who they claim to be even without physical presence.
Question 2: When a New York notary performs a remote online notarization, the audio-visual session must be:
- Recorded and retained for a minimum of 10 years (Correct answer)
- Conducted live in real time without any recording
- Recorded if the notary chooses, but not required
- Witnessed by a second notary on video
Correct answer: Recorded and retained for a minimum of 10 years
New York RON law requires the notarization session to be recorded and retained for at least 10 years.
Under New York Executive Law §135-c, the audio-visual communication used in a remote online notarization must be recorded and the recording retained for a minimum of 10 years. This requirement creates an evidentiary record of the notarization that can be used to verify its validity if later challenged.
Question 3: A New York remote online notarization is legally valid for which types of documents?
- All document types without exception
- Most documents, with certain exceptions such as some wills and specific court filings (Correct answer)
- Only financial documents
- Only real estate documents
Correct answer: Most documents, with certain exceptions such as some wills and specific court filings
RON is broadly authorized in New York but certain documents — such as some wills — may have additional requirements or exceptions.
New York's RON law authorizes remote notarization for most document types. However, certain sensitive documents — such as wills (which have separate execution formality requirements under EPTL) or court-specific filings — may have additional requirements or may not be fully interchangeable with in-person notarization. Practitioners should verify applicable requirements for specific document types.
Question 4: Under New York RON law, a notary who is physically located in New York may notarize for a signer who is:
- Only in New York State
- Located anywhere in the United States or internationally, subject to applicable law (Correct answer)
- Only in the same county as the notary
- Only in a state that has enacted equivalent RON laws
Correct answer: Located anywhere in the United States or internationally, subject to applicable law
New York RON law allows the notary to serve signers located anywhere, as long as the notary is in New York and applicable law permits.
Under New York Executive Law §135-c, the notary's physical location in New York governs the validity of the notarization. The signer may be located anywhere — in New York, in another U.S. state, or internationally — provided applicable laws of the signer's location do not prohibit it. This enables New York notaries to serve a global client base remotely.
Question 5: An electronic notarial certificate in New York must include:
- The notary's physical address
- The same information as a paper certificate plus a tamper-evident technology seal (Correct answer)
- A QR code linking to the Department of State
- A biometric scan of the notary
Correct answer: The same information as a paper certificate plus a tamper-evident technology seal
An electronic notarial certificate must include all the standard certificate information plus be secured with tamper-evident technology.
New York's electronic notarization rules require that electronic notarial certificates contain the same substantive information as paper certificates (venue, date, notary name, commission expiration, official signature) plus be secured with tamper-evident technology such as a digital signature or seal. This ensures the integrity and authenticity of the electronic record.
Question 6: A New York notary performing RON must use an approved RON platform that:
- Has been personally tested by the notary for at least 30 days
- Meets standards set by the Department of State (Correct answer)
- Has been approved by the county clerk where the notary is registered
- Charges no more than $5 per session
Correct answer: Meets standards set by the Department of State
RON platforms must meet standards established by the New York Department of State.
Under New York's RON framework, notaries must use platforms that comply with standards established by the Department of State. These standards cover security, identity verification capabilities, audio-visual quality, and record retention. Using a non-compliant platform may invalidate the notarization.
NYS Electronic and Remote Notarization 2
Under New York's remote online notarization (RON) law, the notary must verify the signer's identity using: