New York Issues RON Regulations

January 26, 2023

 The New York State Department of State issued regulations for remote online notarizations (RON).

The regulations went into effect Jan. 25.

Here are some highlights of the regulations:

  • Notaries must be physically located in New York when performing an electronic notarial act and use a network that permits location detection. The signer can be outside of the state. If the principal is located outside of the United States, the notary must verify that the record or subject of the notarial act involves property located in the territorial jurisdiction of or involves a transaction substantially connected with the United States. 
  • Satisfactory evidence of Identity: For anyone signing a document appearing before an electronic notary using communication technology, and who is not personally known to the notary, satisfactory evidence of identity requires:
    • Identity verification utilizing communication technology.
    • Credential analysis performed by a third-party service provider that has provided evidence to the online notary of the provider’s ability to satisfy the requirements set forth in the rule.
    • Identity proofing by a third-party service provider.
  • Communication technology: The communications technology used to perform electronic notarial acts must:
    • Permit sufficient audio and visual clarity to enable the notary and the person(s) to see and speak to each other through live, real-time transmission throughout the duration of the notarial act.
    • Permit sufficient visual clarity to enable the notary to view, read and capture the identification card presented as verification of identity.
    • Include a signal transmission secure from interception through lawful means by anyone other than the parties to the notarial act.
    • Include a process of reproduction that does not permit additions, deletions or changes without leaving a record of such.
    • Permit recording and archiving of the audio-video communication session.
  • Journal: All notaries, including those notaries that only provide traditional in-person services, are required to keep a journal of all notarial acts performed, which includes the type of identification provided, for 10 years. Additionally, electronic notaries must maintain a journal of all notarial acts as well as an audio and video record of all electronic notarial acts performed. The electronic notary journal must include:
    • the date, approximate time, and type of notarial acts performed.
    • the name and address of any individuals for whom a notarial act was performed.
    • the number and type of notarial services provided.
    • the type of credential used to identify the principal, including, for verification made where a notary relies on the oath or affirmation of two witnesses who identify themselves with a valid government issued ID and who know the document signer personally, the names of the witnesses and, if applicable, the type of credential used.
    • the verification procedures used for any personal appearance before the notary public.
    • for electronic notarial acts, identification of the communication technology, certification authority, and verification providers used.
    • an actual audio/video recording of the act.

 Click here for the department’s notarial FAQ.

Contact ALTA at 202-296-3671 or [email protected].