N.Y. Comp. Codes R. & Regs. tit. 19 § 182.5

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

Section 182.5 - Satisfactory Evidence of Identity

(a) For any individual signing a document who makes a personal appearance before a notary public, including but not limited to any principal seeking a notarial act, and any witness thereto, the notary must obtain satisfactory evidence of the identity of each such individual that complies with the requirements of this Part.

(b) For any individual signing a document who physically appears before a notary public, satisfactory evidence of identity requires identity verification through:

(1) presentation of the back and front of an identification card issued by a governmental agency provided the card:

(i) is valid and current;

(ii) contains the photographic image of the bearer;

(iii) has an accurate physical description of the bearer, if applicable; and

(iv) includes the signature of the bearer;

(2) at least two current documents issued by an institution, business entity, or federal or state government with at least the individual's signature;

(3) attestation by the notary that the individual is personally known to them;

(4) the oath or affirmation of a witness who is personally known to both the individual and notary; or

(5) the oath or affirmation of two witnesses who know the individual personally and provide identification that meets the requirements of paragraph (1) of subdivision (b) of this section.

(c) For any individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public, satisfactory evidence of identity requires all of the following:

(1) identity verification as outlined in subdivision (b) of this section, utilizing communication technology that meets the requirements set forth in this Part;

(2) credential analysis that meets the requirements set forth in this Part; and

(3) identity proofing by a third-party service provider that meets the requirements set forth in this Part.

(d) Provided that all other requirements of this Part are met, attestation by an electronic notary public that an individual appearing through communication technology is personally known to them is satisfactory evidence of identity for electronic notarial acts.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 182.5

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