05/27/2020
A Notary Public is an official of integrity appointed by state government —typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries are publicly commissioned as “ministerial” officials, meaning that they are expected to follow written rules without the exercise of significant personal discretion, as would otherwise be the case with a “judicial” official.
A Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary.
As official representatives of the state, Notaries Public certify the proper ex*****on of many of the life-changing documents of private citizens — whether those diverse transactions convey real estate, grant powers of attorney, establish a prenuptial agreement, or perform the multitude of other activities that enable our civil society to function.
Until recently, New York State did not allow electronic, remote or virtual notarization. Notarization had to be done in person.
Now, in the wake of the worldwide COVID-19 pandemic, as part of Executive Order 202.7 signed into law by Governor Andrew Cuomo, electronic notarization is permitted within New York State under the following circumstances:
Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
• 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, not merely transmit it prior to or after;
• The video conference must allow for direct interaction between the person and the Notary (e.g. 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; and
• The Notary may repeat the notarization of the original signed document as of the date of ex*****on provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of ex*****on.
Lee Presser is a commissioned New York State Notary Public, able to remotely notarize your documents. To schedule an appointment to have your documents notarized, visit www.nysvirtualnotary.com or email [email protected].
