N.Y. Comp. Codes R. & Regs. tit. 19 § 182.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 182.10 - Applications, Registrations and Renewals

(a) Prior to performing any notarial acts, a notary public must be appointed and commissioned by the secretary of state for a four-year term in accordance with the requirements and procedures set forth in Executive Law sections 130 and 131 and must provide all information required by the application form prescribed by the secretary of state.

(b) No commissioned notary public may perform electronic notarial acts until they have registered the capability to notarize electronically on a form prescribed the secretary of state, including, in addition to any other information prescribed by the secretary of state, the following information:

(1) the notary's name as currently commissioned and complete mailing address:

(2) the expiration date of the notary's commission and signature of the commissioned notary;

(3) the notary's email address;

(4) the description of the electronic technology or technologies to be used in attaching the notary's electronic signature to the electronic record, which may be effectuated by registration of vendor account information from a vendor who meets the requirements of this Part, in the manner required by the department of state;

(5) an exemplar of the notary's electronic signature, which shall be provided through and in the manner required by the department of state's registration system using the notary's selected signature vendor and shall contain the notary's name and any necessary instructions, authorizations, or techniques that allow the notary's electronic signature to be read and verified.

(c) A notary public may apply for reappointment within 90 days of expiration of their commission, provided that the notary public continues to meet the requirements set forth in sections 130 and 131 of the Executive Law and this Part.

(d) When any notary public who has registered to perform electronic notarial acts applies for reappointment, the electronic notary public must provide verification of the accuracy of all information on file with the secretary of state and affirm that such notary public is otherwise in compliance with all requirements of this Part.

(e) Any notary public who has failed to comply with any of the requirements of this Part relating to notarial or electronic notarial acts shall not be eligible for reappointment.

(f) All applications for appointment and reappointment of notaries public, and all registrations of capability to perform electronic notarial acts, shall be in the form and manner prescribed by the secretary of state and provided through the department of state's division of licensing.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 182.10

Adopted New York State Register January 25, 2023/Volume XLV, Issue 04, eff. 1/25/2023