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A08691 Summary:

BILL NOA08691
 
SAME ASSAME AS S07780
 
SPONSORRozic
 
COSPNSRVanel
 
MLTSPNSR
 
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.
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A08691 Actions:

BILL NOA08691
 
01/10/2022referred to governmental operations
01/25/2022reported referred to codes
02/01/2022reported
02/03/2022advanced to third reading cal.367
02/07/2022substituted by s7780
 S07780 AMEND= SKOUFIS
 01/11/2022REFERRED TO RULES
 01/18/2022ORDERED TO THIRD READING CAL.151
 01/20/2022PASSED SENATE
 01/20/2022DELIVERED TO ASSEMBLY
 01/20/2022referred to governmental operations
 02/07/2022substituted for a8691
 02/07/2022ordered to third reading cal.367
 02/07/2022passed assembly
 02/07/2022returned to senate
 02/24/2022DELIVERED TO GOVERNOR
 02/24/2022SIGNED CHAP.104
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A08691 Memo:

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.
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A08691 Text:



 
                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.
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