New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.4 - Additional Requirements for Electronic Notaries

Current through Register Vol. 46, No. 28, July 10, 2024
(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