Key Takeaways
- New York authorized electronic notarization in 2022
- Electronic signatures are legally equivalent to handwritten signatures
- Notaries must register for electronic notarization authority
- Electronic notarizations must meet specific technology requirements
- The notary's electronic seal must be secure and tamper-evident
Last updated: January 2026
Electronic Notarization
New York has embraced modern technology by authorizing electronic notarization. This allows documents to be signed and notarized electronically while maintaining the same legal validity as traditional paper notarizations.
What Is Electronic Notarization?
| Traditional Notarization | Electronic Notarization |
|---|---|
| Paper document | Electronic document |
| Handwritten signature | Electronic signature |
| Physical seal/stamp | Electronic seal |
| In-person appearance | In-person appearance (required) |
Key Point: Electronic notarization still requires the signer to appear in person before the notary. The "electronic" aspect refers to the format of the signature and seal, not the appearance method.
Legal Framework
New York's electronic notarization is governed by:
- Executive Law Article 6 (Notaries Public)
- New York State Electronic Signatures and Records Act (ESRA)
- State Technology Law Article 3
Requirements for Electronic Notarization
Notary Requirements
| Requirement | Details |
|---|---|
| Valid NY commission | Must be an active notary |
| Registration | Register with Department of State for electronic notarization |
| Technology | Approved electronic notarization platform |
| Training | May be required by technology provider |
Technology Requirements
| Component | Requirement |
|---|---|
| Electronic signature | Unique to notary, under notary's sole control |
| Electronic seal | Contains all required information |
| Tamper-evident | Any alteration is detectable |
| Audit trail | Records all actions taken |
| Security | Encrypted and protected |
Electronic Seal Contents
The electronic seal must include:
- Notary's name (as on commission)
- "Notary Public, State of New York"
- Commission number
- County of qualification
- Commission expiration date
Process for Electronic Notarization
- Signer appears in person before notary
- Verify identity (same requirements as traditional)
- Signer applies electronic signature to document
- Notary verifies document is complete
- Notary applies electronic signature to certificate
- Notary applies electronic seal
- Document is finalized and secured
Legal Validity
| Document Type | Electronic Notarization Valid? |
|---|---|
| Deeds | Yes |
| Powers of Attorney | Yes |
| Wills | Special rules apply |
| Contracts | Yes |
| Affidavits | Yes |
On the Exam
The exam now includes questions on electronic notarization:
- Personal appearance: Still required for electronic notarization
- Electronic signature: Legally equivalent to handwritten
- Registration: Required for electronic notarization authority
- Security: Tamper-evident and secure
Test Your Knowledge
Does electronic notarization eliminate the need for the signer to appear in person?
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B
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D
Test Your Knowledge
What must a notary do to perform electronic notarizations in New York?
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B
C
D