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Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
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IMPORTANT UPDATE: New York’s State of Emergency expired on June 24, 2021. The Executive Order authorizing remote notarization is no longer active. Notary publics can no longer perform notary services remotely.
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In response to the COVID-19 (novel coronavirus) pandemic, New York State Governor Andrew Cuomo signed Executive Order 202.7 (the “Order”) on March 19, 2020, authorizing notaries public to notarize documents remotely. The Order is currently in effect until April 18, 2020.
In authorizing virtual notarization, New York joins other states currently authorizing some form of remote online notarization on a temporary or indefinite basis as a result of the coronavirus pandemic. On March 25 and March 31, 2020, the New York Department of State issued guidelines which further clarified the requirements for New York’s virtual notarization process. Note that these guidelines are only applicable for notarization procedures within New York State, and that notaries public or signatories seeking notarization of documents in other states should consult local counsel for appropriate guidance.
Pursuant to these guidelines, to remotely notarize a document over video conferencing technology, the notary and signatory must fulfill the following conditions:
The State of New York has also clarified in its additional guidelines that:
Under New York state regulations, notaries are still obligated to provide their expiration date and county where the Notary is commissioned on the document itself. Per the state’s guidelines, best practices for notaries include maintaining notary log entries of each remote authorization and indicating on the document that the document was remotely notarized pursuant to the Order, though failing to comply with these recommendations will not invalidate the act of notarization or be cause for disciplinary action against the Notary.
UPDATE: Executive Orders allowing virtual notarization have been issued monthly since the initial Executive Order, with the most recent renewal on June 5, 2021, which extends virtual notarization through July 5, 2021.
Attorney advertising. The material contained in this Client Alert is only a general review of the subjects covered and does not constitute legal advice. No legal or business decision should be based on its contents.
Trusts and Estates
Michael S. Schwartz
Robert W. Sheehan
+1 212 696 6000