Governor Andrew Cuomo signed Executive Order 202.7 authorizing “virtual notarization” through April 18, 2020. Subject to the limitation outlined below, this will allow numerous matters to move forward that could otherwise be prevented without the ability to use technology, including but not limited to estate planning, corporate and real estate transactions, and litigation matters.

This Executive Order provides that any notarial act that is required under New York state law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:

  • The person seeking the Notary’s services, if not personally known to the Notary, must present valid photo ID to the Notary during the video-conference, not merely transmit it to the Notary prior to or after the video-conference
  • The video-conference must allow for direct interaction between the person and the Notary (.by way of example, no pre-recorded videos of the person signing);
  • The person must affirmatively represent that he or she is physically situated in the State of New York
  • The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed
  • The Notary may notarize the transmitted copy of the document and transmit the same back to the person
  • The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution

While Harris Beach attorneys and staff are working remotely, we continue to have the technological tools necessary to assist our clients and colleagues with virtual notarization needs.

This alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Rochester, Saratoga Springs, Syracuse, Uniondale and White Plains, as well as New Haven, Connecticut and Newark, New Jersey.