
Bruce Feffer
Partner
212-784-6904 bfeffer@sh-law.comFirm Insights
Author: Bruce Feffer
Date: January 25, 2022
Partner
212-784-6904 bfeffer@sh-law.comThe COVID-19 pandemic has provided an opportunity to modernize the way many business and real estate transactions are conducted. In New York, those changes now include remote notarization. Gov. Kathleen C. Hochul recently signed legislation authorizing the permanent use of remote notarizations. In doing so, New York joined the growing list of states that have overhauled their notary laws to reflect modern technology.
In response to the COVID-19 pandemic, former Gov. Andrew Cuomo issued an executive order allowing notaries to sign documents using audio-video technology. Under Executive Order No. 202.7, any notarial act required under New York State law was authorized to be performed utilizing audio-video technology provided that certain conditions were met. The Executive Order authorizing remote notarization terminated when New York’s State of Emergency expired on June 24, 2021.
The new law, entitled the Remote Online Notarization law (S1780C/A399B), ensures that remote notary services will remain available after the pandemic ends. It expressly provides that “[t]he methods for identifying document signers for an electronic notarization shall be the same as the methods required for a paper-based notarization; provided, however, in the case of an electronic notarization, such methods may be based on video and audio conference technology.”
The new law sets forth registration requirements for electronic notaries public, as well as instructions on how electronic notarization is to be performed. It further provides that notaries public may collect fees for electronic notarial services, as authorized by the Secretary of State.
The Remote Online Notarization law directs the New York Secretary of State to develop a regulatory framework to govern remote notarization. Among other requirements, the Secretary of State’s regulations must: specify the authorized means of performing online notarial acts; provide the means for notaries to register the capability of performing online notarial acts; approve standards for the conduct of online notarizations using communication technology; prescribe the form for registration of capability to perform electronic notarial acts; set standards for the electronic signatures of notaries, which must be applied to electronic documents in the performance of electronic notarizations and render the notarized record tamper-evident; and adopt rules necessary to set standards, procedures, practices, forms and records relating to a notary public’s electronic signature.
As soon as the New York Legislature passes and the Governor signs chapter amendments to the Remote Online Notarization bill, a temporary remote online notarization process for paper and electronic documents similar to the rules set forth in EO 202.7 will be established. On January 31, 2023, it will be replaced by the permanent Remote Online Notarization law, as implemented by the regulations to be adopted by the Secretary of State.
If you have any questions or if you would like to discuss the matter further, please contact me, Bruce Feffer, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!