New York State Bar Association Disappointed by Governor’s Veto of Legislation Aimed At Mitigating Unnecessary Administrative Burdens Imposed on Notaries

New York State Bar Association Disappointed by Governor’s Veto of Legislation Aimed At Mitigating Unnecessary Administrative Burdens Imposed on Notaries

11.25.2024

By NYSBA Staff

Domenick Napoletano, president of the New York State Bar Association, issued the following statement in response to Gov. Kathy Hochul’s veto of a bill that would have removed burdensome record keeping rules on non-electronic notary acts:

“For more than a century, New Yorkers commissioned as notaries public have been able to effectively implement their responsibilities – simply noting their name and notary identification number when doing so. When the legislature adopted new statutes enabling notarizations to occur electronically, there was an understanding that new standards should be imposed to protect consumers who were availing themselves of technological advancements, but there was no record to justify changing the standards imposed on in-person notarizations. Yet, when adopting the new rules, the state implemented rules establishing onerous record keeping requirements burdening attorneys practicing in New York State. The disclosure aspect of the superfluous rules also encroach on attorney-client privilege, as lawyers often notarize documents by clients that contain privileged information. Although it is understandable why those offering electronic notarization should be held to a higher standard to prevent fraudulent acts, I am disappointed in the governor’s veto of a bill that would have removed onerous and useless record keeping requirements burdening attorneys who perform in-person notarial acts. We will continue to advocate for a fix to these rules that make the practice of law less efficient and puts clients at risk.”

Background

The New York State Bar Association generated over 1,500 letters of support from its members asking legislators and the governor to support this measure.

In addition, the association’s House of Delegates approved recommendations of its Task Force on Notarization that concluded in its April 2023 report that the new rules were unnecessary for attorneys who are already bound by the professional rules of conduct. The new record keeping rules unnecessarily increase the administrative and legal costs of many consumer transactions and provide additional financial burdens on New Yorkers.