March 20, 2020

Stroock Special Bulletin

By: Kevin Matz

Governor Andrew M. Cuomo yesterday issued Executive Order No. 202.7, which allows “virtual notarization” in New York State subject to certain requirements and is effective immediately through April 18, 2020.

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 videoconference, not merely transmit it prior to or after;
• The videoconference must allow for direct interaction between the person and the Notary (e.g. 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; and
• 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.

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For More Information

Kevin Matz

This Stroock publication offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that Stroock does not undertake to update its publications after their publication date to reflect subsequent developments. This Stroock publication may contain attorney advertising. Prior results do not guarantee a similar outcome.

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