Remote Notarization: What Lawyers And Notaries Need To Know About The Recent Changes
A new law, NY Executive Law Section 135-c, authorizes notaries to perform electronic notarial acts by registering with the Department of State and complying with new rules. Notaries wishing to provide electronic notary services will be able to register with the Department of State starting on Feb. 1.
After Jan. 31, New York State will no longer allow remote ink notarization. With remote ink notarization, a paper record was created when the notary and the signer were in different locations but using communications software that allowed them to interact. Notaries were allowed to perform their duties through remote ink notarization during the pandemic.
This program will going into depth of this new law and what the new rules and requirements will be for notaries moving forward, with specific focus on: Review of Executive Law 135-c, Ethical Considerations Concerning Manual and Digital Records Retention, and How to Notarize and Store an Electronic Document.
- February 23, 2023
- 12:30 PM
- 1:30 PM
- Virtual Participation
12:30 p.m.-Opening Remarks
12:30 p.m. – 12:50 p.m. -Review of Executive Law 135-c
Michael A. Markowitz, Esq.,
The Law Office of Michael A. Markowitz, P.C.
1.) Remote ink notarizations set forth in Executive Order 202.7 is null and void.
2.) How to become a remote online notary in New York.
• Physical presence of the notary.
• Physical presence of the signer (in and outside the United States).
3.) Performing electronic notarization.
• Evidence of Identity.
• Credentialing analysis.
• Identity Proofing.
• Communication Technology
4.) Record keeping requirements.
• For ink notarizations.
• For electronic notarizations
5.) Certificate of Authenticity
12:50 p.m. - 1:15 p.m.-Ethical Considerations Concerning Manual and Digital Records Retention
Omid Zareh, Esq.
Weinberg Zareh Malkin Price LLP
• Ethical issue if illegally providing wet ink notarization for a signer’s online physical presence.
• Ethical issues if failing to maintain record keeping requirements.
• Ethical issues for identity and credentialing analysis issues.
1:15 p.m.-1:30 p.m.-How to Notarize and Store an Electronic Document
VP & Head of Industry & Regulatory Affairs
- Michael Markowitz, Esq., Speaker, Michael A. Markowitz, P.C.
- Omid Zareh, Esq., Speaker, Weinberg Zareh Malkin Price LLP
- Angel Hernandez, Speaker, Stavvy
- General Practice Section
- Committee on Continuing Legal Education