New York State Governor Andrew Cuomo signed Executive Order 202.7 authorizing remote online notarization (RON) in the state through April 18, 2020. RON is a welcome addition in our online toolbox that would certainly come handy to allow numerous matters to continue in this tumultuous period. The use of this technology provides great help in many industries, including the real estate industry, during a closing, in estate planning matters, corporate and litigation matters.
This Executive Order declares that any notarial act in New York state is authorized to be performed utilizing audio/video technology under the following conditions:
- 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
- The video conference must allow for direct interaction between the person and the Notary (by way of example, 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
- 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
We certainly hope that the executive order will extend the April 18, 2020 date to allow further use of RON.
This alert does not purport to be a substitute for advice of counsel on specific matters. Should you have any questions or concerns, please feel free to contact us, we are here to assist!
