N.Y. Comp. Codes R. & Regs. tit. 19 § 182.8

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

Section 182.8 - Communication Technology

(a) The communication technology used to perform electronic notarial acts must:

(1) permit sufficient audio and visual clarity to enable the notary and the person(s) for whom a notarial act is requested to see and speak to each other simultaneously through live, real-time transmission throughout the duration of the notarial act, through and including identity verification, identity proofing, the signature of any parties present during the transaction and the application of the notary's signature and seal without interruption;

(2) permit sufficient visual clarity to enable the notary to view, read, and capture the front and back of any identification card presented as verification of identity;

(3) include a signal transmission secure from interception through lawful means by anyone other than the parties to the notarial act;

(4) include a process of reproduction that does not permit additions, deletions, or changes without leaving a record of such additions, deletions, or changes;

(5) provide some manner of ensuring that the electronic record that is presented for electronic notarization is the same record electronically signed by the principal; and

(6) permit recording and archiving of the audio-video communication session as required by subdivision (b) of this section.

(b) The electronic notary shall keep a copy of the recording of the video and audio conference that includes at minimum:

(1) the complete notarial act, including the verification required by paragraph 9 of subdivision (a) of section 182.4 of this Part;

(2) any signatures required for completion of the notarial act; and

(3) a verbal description of the type of identification used.

The recording shall not include the discussion or display of any personally identifiable information not subject to recordkeeping requirements set forth in section 182.9 of this Part, and must be maintained for a period of at least ten years from the date of transaction.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 182.8

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