4.2 Remote Identification Requirements

New York legalized electronic notarization and Remote Online Notarization (RON) through Executive Law section 135-c and the regulations in 19 NYCRR Part 182, effective January 25, 2023 (electronic-notary registration opened February 1, 2023). Remote notarization lets a signer appear before the notary over communication technology — live, two-way audio and video — instead of standing in the same room.

Because the signer is not physically present, New York raises the identity bar: technology must help do what the notary's own eyes and hands normally do with a physical card. Expect the exam to contrast the remote standard with the in-person standard you learned in 3.1.

Three Layers of Remote Identity Verification

For a remotely located individual who is not personally known to the notary, 19 NYCRR 182.5 requires identity to be established using communication technology plus two technology services performed by a third party: credential analysis and identity proofing. The notary's own visual comparison over video sits on top. Think of it as three layers that must all hold.

Layer One: Credential Analysis

Under 19 NYCRR 182.2, credential analysis is "a process or service ... through which a third-party affirms the validity of government-issued identification through review of public and proprietary data sources." In plain terms, the signer photographs or uploads the front and back of their ID, and software checks it.

Credential analysis replaces the moment in 3.1 when an in-person notary turns a physical card over and inspects it.

Layer Two: Identity Proofing

Under 19 NYCRR 182.2, identity proofing is "a process by which a credential service provider collects, validates, and verifies information about a person." New York requires identity proofing to meet the minimum standards for Identity Assurance Level 2 (IAL2) in the NIST Digital Identity Guidelines (SP 800-63). The most common implementation is knowledge-based authentication (KBA): the signer provides identifying details (name, address, date of birth, last four of SSN) and answers a set of questions generated from credit-bureau and public-record data that only the real person should know.

The industry-standard KBA configuration that New York RON platforms use under the IAL2 requirement looks like this. (These operating values come from the prevailing platform/MISMO standard, not verbatim statute — the rule itself points to NIST IAL2.)

KBA is completed before the signer connects with the notary; if the signer fails, the session does not proceed.

Layer Three: The Notary's Own Visual Verification

Technology does not retire the notary's judgment. The communication technology must give enough audio and visual clarity for the notary and signer to see and speak to each other simultaneously in real time. During that live session the notary must still personally do the following:

• Compare the photo on the analyzed ID to the live person on screen.
• Confirm awareness and willingness — the signer is alert, competent, and acting freely.
• Watch for coercion — anyone off-camera, prompting, or pressure.
• Confirm presence in real time — a pre-recorded video or screenshot is never acceptable.

If the live person does not match the credential, or the notary senses duress, the notary must refuse, exactly as in person.

In-Person vs. Remote: The Core Contrast

Recording and Recordkeeping

Every electronic notarial act must be captured in a tamper-evident audio-video recording, retained — together with the electronic journal — for at least 10 years from the date of the act. The journal entry records the date and time, the type of act, the verification method, and, for electronic acts, the identity of the third-party technology vendor used. 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 into paper form.

Worked Example: Andre, a registered New York electronic notary, schedules a remote signing for Lena, whom he does not personally know. Lena uploads the front and back of her current state ID; the platform's credential analysis confirms the card's security features and data. Lena then answers 5 KBA questions drawn from public records and passes (4 correct) within the time limit, satisfying identity proofing at NIST IAL2. Andre and Lena connect over live two-way video. Andre visually compares Lena's face to the ID photo, confirms she is alert and signing willingly, and proceeds. The platform records the full session in tamper-evident form. Andre logs the act in his journal, notes the vendor used, charges $25, and retains both the journal and the recording for 10 years. Every layer held — that is a compliant remote notarization.

Key Takeaways

• Remote identity = credential analysis + identity proofing (KBA at NIST IAL2) + the notary's live visual comparison.
• Credential analysis validates the ID; identity proofing validates the person; the notary still must see and judge the live signer.
• The audio-video recording and the journal must both be kept for 10 years.
• Electronic-notary fee caps: up to $25 per electronic act, $2 for a certificate of authenticity.