N.Y. Comp. Codes R. & Regs. tit. 19 § 182.4

Current through Register Vol. 46, No. 38, September 18, 2024

Section 182.4 - Additional Requirements for Electronic Notaries

(a) In addition to the requirements set forth in section 182.3 of this Part, all notaries public who wish to perform electronic notarial acts in New York State must:

(1) register the capability to notarize electronically with the secretary of state in compliance with this Part;

(2) use only those vendors or providers who comply with the standards outlined in this Part and any communication or reporting relating to those standards as required by the secretary of state;

(3) be physically located within the boundaries of New York when performing electronic notarial acts;

(4) use a network that permits location detection when performing an electronic notarial act, meaning that no action, process or device shall be used to disguise or hide the actual location from which the electronic notary is performing the electronic notarial act, and that no function on any system or device used by an electronic notary that permits location detection shall be disabled or otherwise interfered with during the performance of an electronic notarial act;

(5) affix a reliable electronic signature to electronic records. An electronic signature is reliable if it is:

(i) unique to the notary public;

(ii) attached or logically associated with an electronic record by use of a digital certificate that utilizes public key infrastructure as defined in this Part and is capable of independent verification;

(iii) retained under the notary's sole control; and

(iv) linked to the data in such a manner that any subsequent alterations to the underlying record are detectable and may invalidate the electronic notarial act;

(6) use their designated electronic signature only for the purpose of performing electronic notarial acts or as otherwise specified in this Part;

(7) ensure the remote online notarial certificate for an electronic notarial act clearly states that the person making the acknowledgement or making the oath appeared using communication technology;

(8) for execution of any instrument in writing, if under applicable law the record may be signed with an electronic signature, confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature;

(9) if the principal is located outside of the United States, verify, through verbal confirmation made by the principal in the course of the recorded electronic notarial act, that the record or subject of the notarial act:

(i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or

(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States;

(10) In complying with paragraph (8) of subdivision (a) of section 182.3 of this Part ensure that the notice of change is electronically transmitted to the secretary of state, signed with the notary public's designated electronic signature;

(11) for any update to the information required to be submitted by a notary public to register the capability to perform an electronic notarial act, make such update prior to performance of any electronic notarial act; and

(b) The notary public shall not disclose any access information used to affix the electronic notary's signature and seal except when requested by the secretary of state or a designee, or judicial subpoena, and with reasonable precautions, electronic document preparation and transmission vendors. Control of security aspects such as but not limited to passwords, token devices, biometrics, PINS, phrases, software on protected hardware shall remain under the sole control of the notary public.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 182.4

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