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New York Governor Provides Temporary Authority for Video Notarizations

March 20, 2020 By Morey Barnes Yost and Nanci Weissgold

Global Expenses

On March 19, New York Governor Mario Cuomo issued Executive Order No. 202.7, “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency” (the “Order”).

The Order

Notably, effective through April 18, 2020, the Order authorizes the performance of notarial acts through the use of audio-video technology.

Specifically, the Order provides that any notarial act required by New York State law may performed utilizing audio-video technology provided:

  • If the person seeking notary services is not known to the notary, the person presents a valid photo ID to the notary during the video conference (not merely before or after);
  • The video conference allows for direct interaction between the person and the notary (e.g., no prerecorded videos of the person signing);
  • The person affirmatively represents that he or she is physically situated in the state of New York;
  • The person transmits 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 execution provided the notary receives such original signed document together with the electronically notarized copy within 30  days after the day of execution.

Takeaway:

While the Order is limited to notarizing documents for individuals physically located in New York, it is still welcome news.  Hopefully other states that do not currently have remote online notarization laws in effect will begin to allow remote notarizations during the crisis.

Filed Under: State Law Tagged With: #New York, #notary, #remoteonlinenotarization, Covid-19

About Morey Barnes Yost

Morey Barnes Yost is a member of Alston & Bird’s Financial Services & Products Group and the Consumer Financial Services Team. She advises clients on a broad range of federal and state regulatory compliance matters relating to consumer financial services, including the Dodd–Frank Wall Street Reform and Consumer Protection Act, the Truth in Lending Act and state mortgage lending, servicing, appraisal and appraisal management company (AMC) statutes.

[Read Bio]

About Nanci Weissgold

Nanci Weissgold is a Chambers-ranked, American College of Consumer Financial Services Lawyers fellow who co-leads the firm’s consumer finance practice and maintains a national practice representing consumer financial services providers in a wide array of federal and state regulatory and supervisory matters. Her clients value her pragmatism preparing for and responding to CFPB, FHA, state, and other administrative actions.

[Read Bio]

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