8.1 Electronic Notarization
Key Takeaways
- New York's electronic notarization framework took effect in 2023 under Executive Law 135-c, which authorizes electronic notarial acts using compliant communication technology.
- A notary must already hold a New York commission and separately register the capability to notarize electronically with the Secretary of State before acting.
- The electronic notary must be physically located within New York at the time of every electronic notarial act.
- An electronic notarial act uses an electronic record, the notary's tamper-evident electronic signature and electronic seal, and the required certificate language.
- An electronic notary may charge up to $25 per electronic notarial act and $2 for a certificate of authenticity when papering out an electronic record.
Electronic notarization modernizes the notarial act by replacing the paper document, wet-ink signature, and rubber stamp with an electronic record, an electronic signature, and an electronic seal. New York authorized it through Executive Law section 135-c, which took effect with the Department of State's rules in 2023. Importantly, 'electronic' does not mean 'informal': every traditional safeguard, personal appearance, identity verification, a completed certificate, and recordkeeping, still applies. The exam tests whether you understand that the notarial act is unchanged even though the medium is digital.
It helps to separate two ideas the law treats differently. Electronic notarization is about the medium, an electronic record signed with an electronic signature and sealed with an electronic seal. Remote notarization is about the signer's presence, the signer appearing by audio-video rather than in the same room. An act can be electronic and in-person (both parties together, signing an electronic record), or electronic and remote (the signer joins by video). This section focuses on the electronic medium and its tools; the next section covers the remote-presence rules.
Two Layers of Authorization
A notary cannot simply start notarizing PDFs. New York requires two distinct steps:
- Hold a valid New York notary public commission (pass the exam or qualify by exemption, take the oath, and be commissioned).
- Separately register the capability to perform electronic notarial acts with the Secretary of State through the NY Business Express system, identifying the technology provider you will use.
Until both are complete, any 'electronic notarization' is invalid. A traditional commission alone does not authorize electronic acts.
Example: A newly commissioned notary downloads a digital-signature app and notarizes a client's electronic contract the same afternoon. Because she never registered her electronic-notary capability with the Secretary of State, the act is not a valid New York electronic notarial act, even though she is a duly commissioned notary.
Location: The Notary Must Be in New York
A defining rule of New York electronic notarization is geographic: the electronic notary must be physically located within New York State at the time of the act. Your authority flows from a New York commission, and that authority does not travel with you. This is the most common trap on the exam, candidates assume 'electronic' means 'from anywhere,' but the notary's feet must be on New York soil. (The signer's location is more flexible and is covered in the remote-notarization section.)
The Electronic Tools: Signature, Seal, and Certificate
An electronic notarial act uses tamper-evident digital tools that are attributable to and under the sole control of the notary:
- Electronic signature the notary's electronic mark applied to the certificate.
- Electronic seal/stamp the digital equivalent of the rubber stamp, showing the notary's name, the words 'Notary Public State of New York,' and commission details.
- Electronic notarial certificate the acknowledgment or jurat wording, completed electronically. For acts performed using communication technology, the certificate must state that the act was performed using audio-video communication technology.
The tools must be tamper-evident, meaning any change to the record after notarization is detectable.
Papering Out
Because some recipients (such as certain county recorders) still need paper, New York allows 'papering out': printing a tamper-evident electronic record and attaching a certificate of authenticity confirming the printout is a true and complete copy of the electronic original. The notary may charge $2 for that certificate.
Fees and Records
| Item | New York rule |
|---|---|
| Prerequisite | Valid NY commission plus electronic-notary registration |
| Notary location | Physically within New York at the time of the act |
| Tools | Tamper-evident electronic signature and electronic seal under the notary's sole control |
| Certificate | Standard wording; must note communication technology if used remotely |
| Fee per electronic act | Up to $25 |
| Papering-out certificate | $2 |
| Records | Journal of all acts; audio-video recording for remote electronic acts, retained 10 years |
Note the fee contrast: a traditional acknowledgment is capped at $2, but an electronic notarial act may be up to $25 because of the added technology and recordkeeping burden. The $25 is a ceiling 'inclusive of all costs,' meaning the notary cannot tack on separate platform or technology charges on top of it.
Why the Safeguards Still Matter
A frequent misconception, and a favorite exam trap, is that going electronic relaxes the rules. It does the opposite. The electronic notary must still confirm the signer's identity, confirm the signer is willingly signing the very record presented, complete the proper certificate wording, and keep records. The electronic tools simply digitize each of these steps.
If anything, the electronic path adds obligations (registration, tamper-evident tools, and, for remote acts, an audio-video recording) rather than removing them. Treat any answer choice that says electronic notarization skips identity verification, appearance, or recordkeeping as incorrect.
What two things must a New York notary have before performing a valid electronic notarial act?
During a New York electronic notarial act, where must the electronic notary be physically located?
An electronic notary in New York may charge up to $___ per electronic notarial act.
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A notary prints a tamper-evident electronic record and attaches a certificate confirming the printout is a true copy of the electronic original. This process is called: