April 3, 2020
New York Department of State Issues Guidance on Remote Notarizations Conducted under Executive Order 202.7

On March 31, 2020, the New York Department of State issued guidance to clarify the steps that should be taken when conducting a remote notarization in accordance with Executive Order 202.7.

In addition to the requirements set forth in the Order, the Department’s guidance sets forth these further considerations:
  • Notaries must continue to follow all existing requirements for notarial acts that were unaffected by Executive Order 202.7;
  • If the notary and the signer are in different counties, the notary should indicate on the document the county in which each person is located;
  • An electronically transmitted document from the signer can be in any format as long as it is legible;
  • The notary must execute the document in wet ink;
  • The signer may execute the document using electronic signatures as permissible under the Electronic Signatures and Records Act.

The guidance also stipulates that Executive Order 202.7 applies only to notaries and does not authorize other officials to take oaths or acknowledgments.

The guidance also sets forth some best practices for executing documents under Executive Order 202.7, including that the notary:
  • Maintain a notary log for each remote notarization; and
  • Indicate on the face of the document that it was executed pursuant to the Executive Order.

Should you have any questions about how to comply with the New York Executive Order, please contact Steve Maggiola, CATIC Title’s Senior Vice President and Counsel, or Bob Picone, CATIC Title’s New York State Manager.
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