News 24 Jun. 2021
Curtis successfully defends foreign states' procedural privileges in the UK Supreme Court
News 23 Jun. 2021
Ibrahim Elsadig joins Curtis as Partner in Dubai
News 09 Aug. 2021
Curtis, Mallet-Prevost, Colt & Mosle enters into association with Chevalier Law in Singapore.
Event 23 Apr. 2021
Partner Borzu Sabahi to speak on Damages, Enforcement and Annulment of Arbitral Awards at Executive Training Program hosted by the Government of India and the Indian Institute of Foreign Trade
Event 07 Sep. 2021
Simon Batifort and Andrew Larkin Speak at the European Society of International Law’s 2021 Annual Conference
Client Alert 06 Sep. 2021
Disclosure of Beneficial Ownership in 2021 – Luxembourg Perspectives – Alert 5 of the Series
Partner Elisa Botero Speaks on Panel within Framework of Colombia's 4th National Arbitration Competition
News 30 Aug. 2021
Curtis Returns to SCOTUS in Historic Sequel on the Rights of Citizens in Puerto Rico
News 16 Aug. 2021
Curtis Establishes Presence in Saudi Arabia
News 26 Jul. 2021
Curtis' Private Client Group and Attorneys Recognized in the 2021 Chambers High-Net-Worth Guide.
Client Alert 24 Jun. 2021
U.S. Insight: Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021)
U.S. Insight: Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021)
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 The Executive Order authorizing remote notarization is no longer active.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.
This alert is available for download here.
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.
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Michael S. Schwartz
Robert W. Sheehan
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