A recent Continuing Legal Education (CLE) seminar was hosted by the Brooklyn Bar Association on March 5, 2024, where legal professionals gathered to delve into the intricacies of New York’s new notary law under Executive Law 135-c and the nuances of remote notarization, as well as the TIRSA Extended Owner’s Protection Policy (TOEPP).
Section 135-c of the Executive Law introduces electronic notarization in New York and outlines the use of technology to perform notarizations remotely. The law sets forth the criteria for electronic records and notarial acts, establishing that notaries must be physically in New York but can serve individuals remotely, including those outside the U.S., under certain conditions.
To conduct electronic notarial acts, notaries must register with the Secretary of State, detailing their electronic notarization capabilities and technologies used. The law specifies which notarial acts can be performed electronically, emphasizing the need for secure and detectable electronic signatures and the preservation of video and audio recordings for ten years.
Moreover, the law mandates notaries to update their registration with any changes in their email address and clarifies that electronic notarization is optional for notaries. It ensures that electronic notarizations meet all legal requirements for notarial acts, including when a principal’s physical presence is traditionally required, broadening the scope for remote transactions and document processing in a digital age.
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