Add §135-c, amd §§137-a, 137 & 136, Exec L; amd §3, Chap of 2021 (as proposed in S.1780-c & A.399-b)
Provides for electronic notarization; provides that a notary public is authorized to perform a remote notarization by utilizing communication technology that allows the notary public to interact with a principal; provides that a notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing audio-video communication technology that allows the notary public to interact with a principal.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8691
SPONSOR: Rozic TITLE OF BILL:
An act to amend the executive law, in relation to providing for elec-
tronic notarization and to amend a chapter of the laws of 2021 amending
the executive law relating to providing for electronic notarization, as
proposed in legislative bills numbers S. 1780-c and A. 399-b, in
relation to the effectiveness thereof; and providing for the repeal of
certain provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill makes changes to Chapter 767 of the Laws of
2021.
SUMMARY OF PROVISIONS:
This bill establishes a temporary program to allow for the remote notar-
ization of documents through the use of appropriate communication tech-
nology. The bill also makes changes to Chapter 767 of the Laws of 2021
to allow for easier implementation of the remote notarization law by the
Department of State.
JUSTIFICATION:
Every year, hundreds of millions of documents are notarized in the
United States: wills, mortgages, citizenship forms. Yet, despite the
increasing number of notarizations that occur annually, the industry has
not adapted to societal changes and technologic advance Notarization
still requires people to be physically present in front of a notary
public, despite new technology that would allow for the same security
over video and audio conference calls. This legislation is not merely
for convenience; Electronic Notarization would allow homebound citizens
to access notarial services and would allow working people to have their
documents notarized without losing wages for lost working hours spent at
an in-person notary public. There are environmental benefits of Elec-
tronic Notarization as well as it cuts down on paper usage.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
two, three, and five of this act shall take effect on the same date and
in the same manner as a chapter of the laws of 2021 amending the execu-
tive law relating to providing for electronic notarization, as proposed
in legislative bills numbers S.1780-c and A.399-b, takes effect; and
provided further that section one of this act shall expire and be deemed
repealed on the same date that section two of this act takes effect.
STATE OF NEW YORK
________________________________________________________________________
8691
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to providing for elec-
tronic notarization and to amend a chapter of the laws of 2021 amend-
ing the executive law relating to providing for electronic notariza-
tion, as proposed in legislative bills numbers S. 1780-c and A. 399-b,
in relation to the effectiveness thereof; and providing for the repeal
of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 135-c
2 to read as follows:
3 § 135-c. Remote ink notarization. 1. Definitions. As used in this
4 section, the following terms have the following meanings:
5 (a) "Communication technology" means being able to see, hear, and
6 communicate with another individual in real time using electronic means.
7 (b) "Credential" means the data, or government issued or approved
8 physical object upon which the data may reside, that includes the prin-
9 cipal's photograph, signature, and multiple credential security features
10 such as: a holographic image, raised or textured print, microprinting,
11 laser engraving, optical variable ink, long life multi-layer PET (polye-
12 thylene terephthalate)/PVC (polyvinyl chloride) credential body
13 construction, the issuing agency's seal, or the credential holder's
14 physical characteristics (such as height, eye color, hair color).
15 (c) "Credential analysis" means a process or service which authenti-
16 cates a credential through review of public and proprietary data sourc-
17 es, and complies with the following criteria:
18 (i) uses automated software processes to aid the notary public in
19 verifying the identity of a remotely located individual;
20 (ii) ensures that the credential passes an authenticity test, consist-
21 ent with sound commercial practices that:
22 (1) uses appropriate technologies to confirm the integrity of visual,
23 physical, or cryptographic security features;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03271-12-2
A. 8691 2
1 (2) uses appropriate technologies to confirm that the identification
2 credential is not fraudulent or inappropriately modified;
3 (3) uses information held or published by the issuing source or an
4 authoritative source, as available, to confirm the validity of personal
5 details and identification credential details; and
6 (iii) provides output of the credential analysis to the notary public;
7 and
8 (iv) enables the notary public to visually compare the credential and
9 the remotely located individual as viewed by the notary public in real
10 time through communication technology.
11 (d) "Electronic" shall have the same meaning as set forth in section
12 three hundred two of the state technology law.
13 (e) "Electronic record" means information evidencing any act, trans-
14 action, occurrence, event or other activity, produced or stored by elec-
15 tronic means and capable of being accurately reproduced in forms percep-
16 tible by human sensory capabilities.
17 (f) "Electronic signature" means an electronic sound, symbol, or proc-
18 ess, attached to or logically associated with an electronic record and
19 executed or adopted by a person with the intent to sign the record.
20 (g) "Identity proofing" means a process or service through which a
21 third party confirms the identity of a principal through review of
22 personal information from public and proprietary data sources as may be
23 further defined by regulation.
24 (h) "Notarial act" means the performance of an act authorized by
25 section one hundred thirty-five of this article.
26 (i) "Principal" means an individual:
27 (i) whose signature is reflected on a record that is notarized;
28 (ii) who has taken an oath or affirmation administered by a notary
29 public; or
30 (iii) whose signature is reflected on a record that is notarized after
31 the individual has taken an oath or affirmation administered by a notary
32 public.
33 (j) "Record" means information that is inscribed on a tangible medium
34 or that is stored in an electronic or other medium and is retrievable in
35 perceivable form.
36 (k) "Remote notarization" means the act of performing any notarial act
37 that is authorized under section one hundred thirty-five of this article
38 where a principal who is not in the physical presence of the notary
39 public obtains a notarial act under subdivision two of this section.
40 (l) "Remote presentation" means display of a credential to the notary
41 public through communication technology in a manner that allows the
42 notary public to compare the principal to the credential facial image
43 and to examine the front and back of any credential.
44 (m) "Wet signature" means a signature affixed in ink to a paper docu-
45 ment.
46 (n) "Outside the United States" means a location outside the geograph-
47 ic boundaries of the United States, Puerto Rico, the United States
48 Virgin Islands, and any territory, insular possession, or other location
49 subject to the jurisdiction of the United States.
50 2. Any notary public qualified under this article is hereby authorized
51 to perform a remote notarization by utilizing communication technology
52 that allows the notary public to interact with a principal, provided
53 that all conditions of this subdivision are met.
54 (a) The notary public must verify the identity of the principal in a
55 manner consistent with the requirements of subdivision three of this
56 section. A notary public may require an individual to provide addi-
A. 8691 3
1 tional information or identification credentials necessary to assure the
2 notary public of the identity of the principal.
3 (b) The communication technology conference must allow for real-time,
4 direct interaction between the principal and the notary public.
5 (c) The audio-video communication technology must provide reasonable
6 security measures to prevent unauthorized access to the communication
7 technology and to the methods used to verify the identity of the princi-
8 pal.
9 (d) A recording, containing both audio and video, of the remote notar-
10 ization must be retained by the notary public for at least ten years.
11 (e) The notary public must take reasonable steps to ensure that a
12 backup of the recording of the remote notarization exists and is secured
13 from unauthorized use. A notary public may authorize a third party to
14 retain such recordings on behalf of the notary, provided that all
15 recordings retained by a third party be made available to the secretary
16 upon request.
17 (f) The notary public is able reasonably to confirm that a record
18 before the notary public is the same record in which the principal made
19 a statement or on which the principal executed a signature.
20 (g) For remote notarization involving paper documents, the principal
21 may transmit by mail, fax or electronic means a legible signed record
22 directly to the notary public, and the principal may appear before the
23 notary public by means of communication technology to perform the nota-
24 rial act in accordance with this section. The notary public may notarize
25 the record within a reasonable time and transmit the record back to the
26 principal by mail, fax or secure electronic means. An electronically
27 transmitted document notarized pursuant to this paragraph shall be
28 considered an original document.
29 (h) The notary public must be physically situated in New York state at
30 the time of the remote notarization. The principal may be situated in
31 New York, outside of New York but inside the United States, or outside
32 the United States, provided:
33 (1) the record is to be filed with or relates to a matter before a
34 public official or court, governmental entity, or other entity subject
35 to the jurisdiction of the United States; or
36 (2) the record involves property located in the territorial jurisdic-
37 tion of the United States or involves a transaction substantially
38 connected with the United States.
39 (i) The notary public must maintain a journal of each remote notariza-
40 tion performed pursuant to this section, which upon demand, shall be
41 subject to inspection by the secretary of state. The journal required by
42 this subdivision shall be maintained by each notary public for as long
43 as such notary public remains in office and then for an additional five
44 years thereafter. Each journal entry shall:
45 (1) Be made contemporaneously with the performance of the notarial
46 act;
47 (2) Indicate the date and approximate time of the notarial act;
48 (3) Indicate the name of the principal;
49 (4) Indicate the technology used to perform the remote notarization;
50 (5) Indicate the number and type of notarial services provided; and
51 (6) Indicate the type of credential used to identify the principal.
52 3. The notary public must be able to verify the identity of the prin-
53 cipal at the time the notarial act is provided by one of the following
54 methods:
55 (a) The notary public's personal knowledge of the principal; or
A. 8691 4
1 (b) Identification of the principal who appears remotely before the
2 notary by means of communication technology by each of the following:
3 (i) Remote presentation by the principal of a credential;
4 (ii) Credential analysis; and
5 (iii) Identity proofing of the principal; or
6 (c) Oath or affirmation of a credible witness who personally knows the
7 principal and who is either personally known to the notary public or who
8 is identified by the notary public under paragraph (b) of this subdivi-
9 sion.
10 4. Notwithstanding article nine of the real property law or any other
11 law to the contrary, any act performed in conformity with this section
12 shall satisfy any requirements at law that a principal personally appear
13 before, be in the presence of, or be in a single time and place with a
14 notary public at the time of the performance of the notarial act, unless
15 a law expressly excludes the authorization provided for in this section.
16 5. Any person who suffers actual damages as a result of a principal
17 who violates any of the provisions of this section, shall have a civil
18 cause of action against any such principal in a court of competent
19 jurisdiction.
20 6. The secretary of state may promulgate regulations establishing
21 minimum standards that relate to reasonable security measures to prevent
22 unauthorized access to communication technology and to the methods used
23 to verify the identity of the principal, requirements related to the use
24 and verification of an electronic signature, and any other matters
25 necessary to administer the provisions of this section.
26 7. Pursuant to section one hundred thirty of this article, the secre-
27 tary of state may suspend or remove from office any notary public that
28 violates this section.
29 8. (a) Nothing in this section shall be construed as requiring a nota-
30 ry public to use an electronic signature to perform a remote notariza-
31 tion. A remote notarization may be completed by wet signature or elec-
32 tronic signature.
33 (b) When performing a remote notarization relating to an electronic
34 record, a notary public shall apply an electronic signature that is: (i)
35 unique to the notary public; (ii) capable of independent verification;
36 (iii) retained under the notary public's sole control; (iv) attached or
37 logically associated with the electronic record; and (v) linked to the
38 data in such a manner that any subsequent alterations to the underlying
39 electronic record are detectable and may invalidate the notarial act.
40 (c) A county clerk may certify pursuant to section one hundred thir-
41 ty-three of this article the autograph signature of a notary public on
42 any record that has been remotely notarized in compliance with this
43 section.
44 9. A notarial act performed according to this section shall contain a
45 statement on the notarial certificate substantially as follows: "This
46 remote notarial act involved the use of communication technology."
47 10. Notwithstanding section one hundred thirty-six of this article, a
48 notary public that performs a remote notarization pursuant to this
49 section shall be entitled to the following fees:
50 (a) For administering an oath or affirmation, and certifying the same
51 when required, except where another fee is specifically prescribed by
52 statute, five dollars.
53 (b) For taking and certifying the acknowledgment or proof of execution
54 of a written instrument, by one person, five dollars, and by each addi-
55 tional person, five dollars, for swearing each witness thereto, five
56 dollars.
A. 8691 5
1 11. Nothing in this section shall be construed as requiring any notary
2 public to perform a remote notarization. A notary public may refuse to
3 perform a notarial act if the notary public is not satisfied that (i)
4 the principal is competent or has the capacity to execute a record, or
5 (ii) the principal's signature is knowingly and voluntarily made.
6 12. (a) A notary public may certify that a tangible copy of the signa-
7 ture page and document type of an electronic record remotely notarized
8 by such notary public is an accurate copy of such electronic record.
9 Such certification must (i) be dated and signed by the notary public in
10 the same manner as the official signature of the notary public provided
11 to the secretary of state pursuant to section one hundred thirty-one of
12 this article, and (ii) comply with section one hundred thirty-seven of
13 this article.
14 (b) A county clerk, city registrar, or other recording officer where
15 applicable shall accept for recording a tangible copy of an electronic
16 record and that is otherwise eligible to be recorded under the laws of
17 this state if the record has been certified by a notary public or other
18 individual authorized to perform a notarial act.
19 (c) A certification in substantially the following form is sufficient
20 for the purposes of this subdivision:
21 CERTIFICATE OF AUTHENTICITY
22 State of New York )
23 ) ss.:
24 County of ...............)
25 On this ...... day of ...... in the year ....., I certify that the
26 signature page of the attached record (entitled ......) (dated ......)
27 is a true and correct copy of the signatures affixed to an electronic
28 record printed by me or under my supervision. I further certify that, at
29 the time of printing, no security features present on the electronic
30 record indicated any changes or errors in an electronic signature in the
31 electronic record after its creation or execution.
32 (Signature and title of notary public)
33 (official stamp or registration number, with the expiration
34 date of the notary public's commission)
35 § 2. Section 137-a of the executive law, as added by a chapter of the
36 laws of 2021, amending the executive law relating to providing for elec-
37 tronic notarization, as proposed in legislative bills numbers S. 1780-c
38 and A. 399-b, is amended to read as follows:
39 § [137-a] 135-c. Electronic notarization. 1. Definitions. (a) "Commu-
40 nication technology" means an electronic device or process that: (i)
41 allows a notary public and a remotely located individual to communicate
42 with each other simultaneously by sight and sound; and (ii) when neces-
43 sary and consistent with other applicable law, facilitates communication
44 with a remotely located individual who has a vision, hearing, or speech
45 impairment.
46 (b) "Electronic" shall have the same meaning as set forth in subdivi-
47 sion one of section three hundred two of the state technology law.
48 (c) "Electronic [document] record" means information that is created,
49 generated, sent, communicated, received or stored by electronic means.
50 (d) "Electronic notarial act" means an official act by a notary
51 public, physically present in the state of New York, on or involving an
52 electronic [document] record and using means authorized by the secretary
53 of state.
A. 8691 6
1 (e) "Electronic notary public" or "electronic notary" means a notary
2 public who has registered with the secretary of state the capability of
3 performing electronic notarial acts.
4 (f) "Electronic signature" shall have the same meaning as set forth in
5 subdivision three of section three hundred two of the state technology
6 law.
7 (g) "Principal" means an individual:
8 (i) whose signature is reflected on a record that is notarized;
9 (ii) who has taken an oath or affirmation administered by a notary
10 public; or
11 (iii) whose signature is reflected on a record that is notarized after
12 the individual has taken an oath or affirmation administered by a notary
13 public.
14 (h) "Record" means information that is inscribed on a tangible medium
15 or that is stored in an electronic or other medium and is retrievable in
16 perceivable form.
17 2. [Identifying document signers.] Any notary public qualified under
18 this article is hereby authorized to perform an electronic notarial act
19 by utilizing audio-video communication technology that allows the notary
20 public to interact with a principal, provided that all conditions of
21 this section are met.
22 (a) The methods for identifying document signers for an electronic
23 notarization shall be the same as the methods required for a paper-based
24 notarization; provided, however, an electronic [notarization] notarial
25 act conducted utilizing communication technology shall meet the stand-
26 ards which have been approved through regulation by the secretary of
27 state as acceptable. Such regulations shall include, but not be limited
28 to:
29 (i) that the signal transmission shall be secure from interception
30 through lawful means by anyone other than the persons communicating;
31 (ii) that the [signal transmission shall be] communication technology
32 shall permit the notary public to communicate with the principal live,
33 in real time; [and]
34 (iii) that the communication technology shall permit the notary to
35 communicate with and identify the remotely located individual at the
36 time of the notarial act; and
37 (iv) a standard that requires two or more different processes for
38 authenticating the identity of a remotely located individual utilizing
39 technology to detect and deter fraud, but which may allow a notary
40 public's personal knowledge of a document signer to satisfy such
41 requirement.
42 (b) If video and audio conference technology has been used to ascer-
43 tain a document signer's identity, the electronic notary shall keep a
44 copy of the recording of the video and audio conference and a notation
45 of the type of any other identification used. The recording shall be
46 maintained for a period of at least ten years from the date of trans-
47 action.
48 3. Registration requirements. (a) Before performing any electronic
49 notarial act or acts, a notary public shall register the capability to
50 notarize electronically with the secretary of state [in] on a form
51 prescribed by the secretary of state and upon payment of a fee which
52 shall be set by regulation.
53 (b) In registering the capability to perform electronic notarial acts,
54 the notary public shall provide the following information to the secre-
55 tary of state, notary processing unit:
A. 8691 7
1 (i) the applicant's name as currently commissioned and complete mail-
2 ing address;
3 (ii) the expiration date of the notary public's commission and signa-
4 ture of the commissioned notary public;
5 (iii) the applicant's e-mail address;
6 (iv) the description of the electronic technology or technologies to
7 be used in attaching the notary public's electronic signature to the
8 electronic [document] record; and
9 (v) an exemplar of the notary public's electronic signature, which
10 shall contain the notary public's name and any necessary instructions or
11 techniques that allow the notary public's electronic signature to be
12 read.
13 4. Types of electronic notarial acts. (a) Any notarial act authorized
14 by section one hundred thirty-five of this article may be performed
15 electronically as prescribed by this section if: (i) for execution of
16 any instrument in writing, under applicable law that document may be
17 signed with an electronic signature and the notary public is reasonably
18 able to confirm that such instrument is the same instrument in which the
19 principal made a statement or on which the principal executed a signa-
20 ture; and (ii) the electronic notary public is located within the state
21 of New York at the time of the performance of an electronic notarial act
22 using communication technology, regardless of the location of the docu-
23 ment signer. If the principal is outside the United States, the record
24 or subject of the notarial act:
25 (1) is to be filed with or relates to a matter before a public offi-
26 cial or court, governmental entity, or other entity subject to the
27 jurisdiction of the United States; or
28 (2) shall involve property located in the territorial jurisdiction of
29 the United States or shall involve a transaction substantially connected
30 with the United States.
31 (b) An electronic notarial act performed using communication technolo-
32 gy pursuant to this section satisfies any requirement of law of this
33 state that a document signer personally appear before, be in the pres-
34 ence of, or be in a single time and place with a notary public at the
35 time of the performance of the notarial act.
36 5. Form and manner of performing the electronic notarial act. (a) When
37 performing an electronic notarial act relating to execution of instru-
38 ments in writing, a notary public shall apply an electronic signature,
39 which shall be attached to the electronic [document] record such that
40 removal or alteration of such electronic signature is detectable and
41 will render evidence of alteration of the document containing the notary
42 signature which may invalidate the electronic notarial act.
43 (b) The notary public's electronic signature is deemed to be reliable
44 if the standards which have been approved through regulation by the
45 secretary of state have been met. Such regulations shall include, but
46 not be limited to, the requirements that such electronic signature be:
47 (i) unique to the notary public;
48 (ii) capable of independent verification;
49 (iii) retained under the notary public's sole control;
50 (iv) attached to the electronic [document] record; and
51 (v) linked to the [date] data in such a manner that any subsequent
52 alterations to the underlying document are detectable and may invalidate
53 the electronic notarial act.
54 (c) The notary public's electronic signature shall be used only for
55 the purpose of performing electronic notarial acts.
A. 8691 8
1 (d) The remote online notarial certificate for an electronic notarial
2 act shall state that the person making the acknowledgement or making the
3 oath appeared [remotely online] through use of communication technology.
4 (e) The secretary shall adopt rules necessary to establish standards,
5 procedures, practices, forms, and records relating to a notary public's
6 electronic signature. The notary public's electronic signature shall
7 conform to any standards adopted by the secretary.
8 6. Recording of an electronic record. (a) If otherwise required by law
9 as a condition for recording that a document be an original document,
10 printed on paper or another tangible medium, or be in writing, the
11 requirement is satisfied by paper copy of an electronic record that
12 complies with the requirements of this section.
13 (b) If otherwise required by law as a condition for recording, that a
14 document be signed, the requirement may be satisfied by an electronic
15 signature.
16 (c) A requirement that a document or a signature associated with a
17 document be notarized, acknowledged, verified, witnessed, or made under
18 oath is satisfied if the electronic signature of the person authorized
19 to perform that act, and all other information required to be included,
20 is attached to or logically associated with the document or signature. A
21 physical or electronic image of a stamp, impression, or seal need not
22 accompany an electronic signature if the notary has attached an elec-
23 tronic notarial certificate that meets the requirements of this section.
24 (d) (i) A notary public may certify that a tangible copy of the signa-
25 ture page and document type of an electronic record remotely notarized
26 by such notary public is an accurate copy of such electronic record.
27 Such certification must (1) be dated and signed by the notary public in
28 the same manner as the official signature of the notary public provided
29 to the secretary of state pursuant to section one hundred thirty-one of
30 this article, and (2) comply with section one hundred thirty-seven of
31 this article.
32 (ii) A county clerk, city registrar, or other recording officer where
33 applicable shall accept for recording a tangible copy of an electronic
34 record and that is otherwise eligible to be recorded under the laws of
35 this state if the record has been certified by a notary public or other
36 individual authorized to perform a notarial act.
37 (iii) A certification in substantially the following form is suffi-
38 cient for the purposes of this subdivision:
39 CERTIFICATE OF AUTHENTICITY
40 State of New York )
41 ) ss.:
42 County of ...........)
43 On this ...... day of ...... in the year ........, I certify that the
44 signature page of the attached record (entitled ......) (dated ......)
45 is a true and correct copy of the signatures affixed to an electronic
46 record printed by me or under my supervision. I further certify that, at
47 the time of printing, no security features present on the electronic
48 record indicated any changes or errors in an electronic signature in the
49 electronic record after its creation or execution.
50 (Signature and title of notary public)
51 (official stamp or registration number, with the expiration
52 date of the notary public's commission)
53 7. Change of e-mail address. Within five days after the change of an
54 electronic notary public's e-mail address, the notary public shall elec-
A. 8691 9
1 tronically transmit to the secretary of state a notice of the change,
2 signed with the notary public's official electronic signature.
3 8. No notary public or business employing the services of a notary
4 public operating in the state of New York shall exclusively require
5 notarial transactions to utilize electronic notarization.
6 9. Nothing in this section shall be construed as requiring any notary
7 public to perform a notarial act using electronic communication technol-
8 ogy. A notary public may refuse to perform such a notarial act if the
9 notary public is not satisfied that (a) the principal is competent or
10 has the capacity to execute a record, or (b) the principal's signature
11 is knowingly and voluntarily made.
12 10. Notwithstanding article nine of the real property law or any other
13 law to the contrary, any act performed in conformity with this section
14 shall satisfy any requirements at law that a principal personally appear
15 before, be in the presence of, or be in a single time and place with a
16 notary public at the time of the performance of the notarial act, unless
17 a law expressly excludes the authorization provided for in this section.
18 § 3. Subdivision 3 of section 136 of the executive law, as added by a
19 chapter of the laws of 2021, amending the executive law relating to
20 providing for electronic notarization, as proposed in legislative bills
21 numbers S. 1780-c and A. 399-b, is amended to read as follows:
22 3. For electronic notarial services, established in section [one
23 hundred thirty-seven-a] one hundred thirty-five-c of this chapter, a fee
24 set through regulation by the secretary of state.
25 § 4. Section 137 of the executive law is amended to read as follows:
26 § 137. Statement as to authority of notaries public. In exercising
27 [his] powers pursuant to this article, a notary public, in addition to
28 the venue of [his] the act and [his] signature of such notary public,
29 shall print, typewrite, [or] stamp, or affix by electronic means where
30 performing an electronic notarial act in conformity with section one
31 hundred thirty-five-c of the executive law, beneath [his] their signa-
32 ture in black ink, [his] the notary public's name, the words "Notary
33 Public State of New York," the name of the county in which [he] such
34 notary public originally qualified, and the expiration date [upon which
35 his] of such notary public's commission [expires] and, in addition,
36 wherever required, a notary public shall also include the name of any
37 county in which [his] such notary public's certificate of official char-
38 acter is filed, using the words "Certificate filed .......... County." A
39 notary public who is duly licensed as an attorney and counsellor at law
40 in this state may [in his discretion,] substitute the words "Attorney
41 and Counsellor at Law" for the words "Notary Public." A notary public
42 who has qualified or who has filed a certificate of official character
43 in the office of the clerk in a county or counties within the city of
44 New York must also affix to each instrument [his] such notary public's
45 official number or numbers in black ink, as [given to him] assigned by
46 the clerk or clerks of such county or counties at the time such notary
47 qualified in such county or counties and, if the instrument is to be
48 recorded in an office of the register of the city of New York in any
49 county within such city and the notary has been given a number or
50 numbers by such register or his predecessors in any county or counties,
51 when [his] the notary public's autographed signature and certificate are
52 filed in such office or offices pursuant to this chapter, [he] the nota-
53 ry public shall also affix such number or numbers. No official act of
54 such notary public shall be held invalid on account of the failure to
55 comply with these provisions. If any notary public shall [wilfully]
56 willfully fail to comply with any of the provisions of this section,
A. 8691 10
1 [he] the notary public shall be subject to disciplinary action by the
2 secretary of state. In all the courts within this state the certificate
3 of a notary public, over [his] the signature of the notary public, shall
4 be received as presumptive evidence of the facts contained in such
5 certificate; provided, that any person interested as a party to a suit
6 may contradict, by other evidence, the certificate of a notary public.
7 § 5. Any recording, backup of such recording, and journal of a remote
8 notarization made pursuant to section one of this act must be retained
9 by the notary public for at least ten years.
10 § 6. Section 3 of a chapter of the laws of 2021 amending the executive
11 law relating to providing for electronic notarization, as proposed in
12 legislative bills numbers S. 1780-c and A. 399-b, is amended to read as
13 follows:
14 § 3. This act shall take effect [on the one hundred eightieth day
15 after it shall have become a law] January 31, 2023. Effective immediate-
16 ly, the addition, amendment and/or repeal of any rule or regulation
17 necessary for the implementation of this act on its effective date are
18 authorized to be made on or before such effective date.
19 § 7. This act shall take effect immediately; provided, however, that
20 sections two, three, and five of this act shall take effect on the same
21 date and in the same manner as a chapter of the laws of 2021 amending
22 the executive law relating to providing for electronic notarization, as
23 proposed in legislative bills numbers S.1780-c and A.399-b, takes
24 effect; and provided further that section one of this act shall expire
25 and be deemed repealed on the same date that section two of this act
26 takes effect.
