Disclaimer: This blog post provides guidance about New York State electronic notarization requirements as of March 2026. Laws and regulations may change. Always verify current requirements with the New York State Department of State Notary Public Division (https://dos.ny.gov/notary-public). This guide is informational only and does not constitute legal advice.
Navigating New York’s Electronic Notarization Landscape
In an increasingly digital world, the process of creating, signing, and recording documents has transformed dramatically. Since January 25, 2023, when New York State officially legalized electronic notarization through Executive Law Section 135-C, notaries and their clients have embraced the convenience of remote online notarization (RON).
However, a critical challenge persists: how do electronically notarized documents get properly recorded with county clerks or other offices that lack electronic filing capabilities? This is where the “papering out” process becomes essential.
This comprehensive guide addresses one of the most critical procedures for New York State electronic notaries: completing the papering out process accurately to ensure your clients’ electronically notarized documents are properly recorded and legally valid across all recording jurisdictions in New York State. Understanding this process thoroughly is not just best practice—it’s required by law under Executive Law Section 135-C and related regulations.
Why This Matters
As a registered electronic notary public in New York State, you’re responsible for ensuring that documents you electronically notarize can be properly recorded anywhere in the state. The papering out process is your legal bridge between electronic and physical document formats – and getting it right protects both you and your clients from rejection delays and potential legal issues.
Understanding Electronic Notarization Under New York Law (Executive Law Section 135-C)
The Legal Foundation
New York State’s electronic notary system operates under NY Executive Law Section 135-C, which authorizes notaries to perform electronic notarial acts using audio-video communication technology. This landmark legislation, fully implemented through regulations adopted January 25, 2023, has fundamentally transformed how legal documents are authenticated in the Empire State.
Key Provisions of Executive Law Section 135-C:
| Requirement | Detail |
|---|---|
| Registration | All notaries must register capability with Secretary of State before performing electronic notarizations |
| Application Fee | $60 fee payable to Department of State |
| Technology Platform | Must use commercially available software complying with DoS regulations |
| Commission Number | Single unified commission number applies to both in-person and electronic notarizations |
| Signature Exemplar | Electronic signature exemplar automatically transmitted to county clerk by Secretary of State |
| Certificate Authority | May charge up to $2 per Certificate of Authenticity for papering out |
| No Mandatory Electronic Use | No notary public or business can exclusively require electronic notarization |
Step-by-Step Commission Requirements: Registration Process
Before performing any electronic notarizations, New York State notaries must complete these mandatory steps in order:
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✅ Obtain active traditional Notary Public commission first (minimum requirement before electronic registration)
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✅ Register with Department of State for electronic capabilities via online portal at dos.ny.gov/notary-public
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✅ Complete application and pay $60 fee to Secretary of State
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✅ Contract with commercial technology platform meeting DoS compliance standards (Proof, NotaryCam, DocuSign Verified Mark, etc.)
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✅ Receive automatic transmission of your electronic signature exemplar to county clerk (automatic process—no separate filing needed)
Critical Note: Your unified commission number and expiration date applies to ALL types of notarial acts. When completing Certificates of Authenticity, always use current commission information from your active registration, never expired or future-dated information. Commission updates are automatically reported to county clerk upon processing.
The Electronic Notary Commission Number Explained
An important clarification: Once registered as an electronic notary under Executive Law Section 135-C(e), you receive a single unified commission number and expiration date that applies to both in-person and electronic notarizations. This system simplifies record-keeping and ensures consistency across all your notarial acts, whether traditional or remote online.
What Is “Papering Out” and Why Does It Matter?
Legal Definition and Statutory Authority
“Paring out” refers to the process by which an electronically notarized document is converted into a paper copy that can be accepted by government offices lacking electronic filing systems. When your client’s electronically signed and notarized document must be recorded with a county clerk or other recording office, the papering out process ensures legal validity and acceptance under New York Executive Law Section 135-C(d)(i).
Statutory Language (Executive Law §135-C(d)(i)):
“A notary public may certify that a tangible copy of the signature page and document type of an electronic record notarized by such notary public is an accurate copy.”
This authorization specifically permits electronic notaries to create paper copies of electronically notarized documents, provided the Certificate of Authenticity meets statutory requirements.
Document Acceptance Requirements: What the Law Mandates
According to New York State regulations and Executive Law Section 135-C:
✓ County clerks, city registrars, and recording officers MUST accept electronically notarized documents when an original Certificate of Authenticity is attached
✓ Paper copies must be accepted through the papering out process by offices without electronic filing systems
✓ The Certificate of Authenticity serves as the legal bridge between electronic and physical document formats
This mandatory acceptance requirement ensures your clients’ documents won’t be rejected simply because they were electronically notarized.
Real-World Scenarios Requiring Papering Out (Case Studies)
Scenario 1: Brooklyn Deed Recording
A client electronically executed a deed transfer using your NY electronic notary services. The Bronx County Register’s Office requires paper copies for recording in their physical land records system. You create the Certificate of Authenticity and attach it to the printed document, enabling acceptance.
Scenario 2: Court Filing Requirements
An attorney submits electronically notarized affidavits to a court that doesn’t accept NYSCEF filings yet. Without papering out the documents, these affidavits would be rejected. Your Certificate of Authenticity ensures compliance.
Pro Tip: Always ask your client before notarization whether the receiving office accepts electronically notarized documents directly. This prevents unnecessary delays and helps set accurate expectations. Ask: “Will you accept an electronically notarized document as-is, or do you require a paper-certified copy?”
The Complete Papering Out Process
Step 1: Complete the Electronic Notarization Session Properly
Before papering out, ensure you have successfully completed the entire electronic notarization session according to New York State requirements in 19 NYCRR 182.7:
Pre-Session Preparations:
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✅ Verify the principal’s identity through approved authentication methods (NY Department of State ID types)
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✅ Confirm all document pages are complete and free of blank spaces or redactions
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✅ Ensure secure audio-video communication technology is functioning properly with recording capability
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✅ Review and confirm the notarial act type (acknowledgment, jurat, copy certification, etc.)
During the Session:
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✅ Conduct thorough identity verification using acceptable identification methods per Executive Law §135-A
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✅ Maintain visual observation of the principal throughout the entire session via video
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✅ Record the complete audio-video conference uninterrupted from start to finish
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✅ Obtain electronic signatures from all required parties
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✅ Apply your electronic notary seal and signature through compliant software
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✅ Generate digital certificate at time of notarization
Critical Reminder: Never alter or modify the electronic document after completion of the notarization. Any modifications could invalidate the electronic notarial acts and compromise document acceptance. The Certificate of Authenticity certifies that printed copy accurately reflects the electronically notarized version as it existed at time of signing.
Step 2: Generate Documents and Certificates for Recording
After successful completion of the notarization, your technology platform will generate:
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Final PDF with electronic notarial block showing all signatures and certifications
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Certificate of Authenticity template (may be generated automatically or created manually)
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Electronic journal entry documenting all transaction details (required to be retained 10 years)
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Audio-video recording file (must be retained for 10 years per 19 NYCRR 182.9 regulations)
Important: Never alter or modify the electronic document after completion of the notarization. Any modifications could invalidate the electronic notarial acts and compromise document acceptance.
Step 3: Print Documents for Physical Submission (Quality Control Checklist)
The papering out process requires creating physical copies with precise requirements:
Printing Requirements:
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✅ Use a high-quality printer capable of clear, legible reproduction (minimum 300 dpi recommended)
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✅ Ensure all text, signatures, notarial blocks, and seals are clearly visible on printed copy
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✅ Print on standard 8.5 x 11 inch white paper (or appropriate size for the original document)
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✅ Verify that electronic signature appears as printed text when printed
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✅ Maintain document integrity—no folded, stained, or damaged pages
Best Practice: Always test print quality before creating official Certificates of Authenticity. Poor print quality resulting in illegible signatures is a common cause of document rejection by county clerks. Test each new printer, paper type, and toner cartridge change with a practice certificate.
Step 4: Complete Certificate of Authenticity Information (Required Content)
The Certificate of Authenticity is THE MOST CRITICAL component of the papering out process. This document serves as your legal attestation under Executive Law §135-C(d) that the printed document accurately reflects the electronically notarized version.
CERTIFICATE OF AUTHENTICITY TEMPLATE (Compliant with NY Exec Law §135-C):
CERTIFICATE OF AUTHENTICITY
I, [YOUR FULL LEGAL NAME AS COMMISSIONED], being duly commissioned and qualified
as a Notary Public for the State of New York, hereby certify that this is an accurate
copy of the electronic record notarized by me on [DATE OF ORIGINAL NOTARIZATION].
This certificate is provided pursuant to Section 135-C of the New York Executive Law.
Commission Number: [YOUR COMMISSION NUMBER AS ISSUED BY NYS DOS]
Expiration Date: [MONTH DAY YEAR - MUST MATCH CURRENT ACTIVE COMMISSION STATUS]
Signature: _________________________
[Your Full Legal Name as Commissioned] – Notary Public for the State of New York
Date Signed: _______________ (Current date when certificate executed)
[Notary Seal or Stamp if Available]
CRITICAL COMPLIANCE POINTS:
✓ Date must be actual date Certificate is signed, not necessarily when notarization occurred
✓ Signature MUST match exactly the exemplar on file with county clerk from commission application
✓ Commission number must be current active number at time of original notarization
✓ Commission expiration date must reflect your currently active status
✓ Certification statement language should match Executive Law §135-C(d) authorization (“accurate copy”)
Note: If your electronic signature does not match the exemplar on file with county clerk, your Certificate of Authenticity may be rejected. This is why proper commission filing and consistent signature usage are essential to your compliance as an electronic notary. If signatures don’t match perfectly, document authentication fails and re-notarization becomes necessary.
Step 5: Attach Certificate to Printed Document (Proper Methods)
Physical attachment methods vary by county but must be secure enough to prevent document pages from separating:
Acceptable Attachment Methods:
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✅ Staple Certificate to first page (top left corner) — most common method statewide
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✅ Use paper clips for documents that may need separation (check with receiving office)
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✅ Secure all pages together so they remain in correct order and don’t separate during processing
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✅ Ensure no part of original document text is covered by certificate
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✅ Verify all pages are securely fastened and not loose or fluttering
Best Practice: Some counties have specific attachment preferences. When possible, confirm local requirements with the county clerk before submitting documents. Metropolitan offices (NYC) may have different standards than upstate locations. When recording deeds, most upstate clerks prefer staples; NYC Register’s Office accepts paper clips but prefers staples.
Step 6: Prepare Complete Submission Package for County Clerk
Before submitting to county clerk, prepare your entire package systematically:
Document Checklist:
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Printed and signed document(s) with Certificate of Authenticity attached
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Completed cover sheet or transmittal form (if required by specific jurisdiction)
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Original RP-5217 Real Property Transfer Form (required for deed recordings in most NY counties)
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Payment instruments for recording fees (checks, money orders, or credit card if accepted)
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Copy of notary commission for reference (helpful but usually not required at submission)
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Return envelope with postage prepaid (if you want documents returned after recording)
Document Organization Order:
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Cover page with submission details and contact information
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Certificate of Authenticity (first page of package, positioned clearly)
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Original document(s) with notarization blocks and electronic signatures printed clearly
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Supporting documentation (deeds, mortgages, etc.) in logical sequence
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Payment forms and receipts included with each payment instrument labeled properly
County Clerk Submission Procedures Across New York State
New York State Courts Electronic Filing System (NYSCEF) Overview
For legal papers and court documents, NYSCEF provides electronic filing capabilities throughout much of New York State:
How NYSCEF Works:
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Allows attorneys and pro se litigants to file legal papers electronically with County Clerk or appropriate court
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Provides electronic service of filed documents to all other parties automatically
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Available in most New York State courts with expanding coverage statewide
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Some counties offer hybrid systems for partial electronic processing
When to Use Electronic vs. Paper Submission:
| Use NYSCEF (Electronic) | Use Paper (Paring Out) |
|---|---|
| Legal proceedings and litigation documents | Real estate property records |
| Court filings in participating counties | Offices without e-filing systems |
| Attorney-submitted briefs and motions | Client preferences for hard copies |
| Cases with mandatory electronic filing status | Non-participating court locations |
Tip: Check each county clerk’s website for current recording procedures, fee schedules, and accepted payment methods before submitting documents. Requirements vary significantly by jurisdiction.
Real Estate Document Recording Procedures
Real estate transactions frequently require papering out due to the physical nature of property records in New York State:
Standard Recording Process:
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Submit printed document with Certificate of Authenticity to County Clerk’s office
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Complete RP-5217 Real Property Transfer Form (required in most NY counties)
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Pay applicable recording fees (varies by document type and county—typically $15-$250+)
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Receive recording stamp on original documents upon processing
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Documents either returned immediately or mailed based on your selected service option
Recording Fee Guidelines (Approximate):
| Document Type | Range (USD) | Notes |
|---|---|---|
| Deeds | $125-$250 | Depends on property value, length of document |
| Mortgages | $75-$150 | Varies by county and loan amount |
| Liens | $50-$100 | Check with specific county clerk for exact fees |
| Additional Pages | $5-15 per page | Most counties charge per-page fees beyond first 3 pages |
Important Note: Recording fee schedules change periodically. Always verify current fees with the specific county clerk’s office before submitting documents. The fees listed above are approximate and may not reflect current requirements for your jurisdiction.
Document Preparation Standards for Recording (Quality Requirements)
All documents submitted for recording in New York State must meet specific quality standards to ensure proper acceptance:
Paper Quality Requirements:
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Standard weight paper (typically 20 lb bond or heavier)
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No carbon copies—must be original copies with black ink text only
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Clear legible printing at minimum 12-point font size
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No torn, stained, folded, or damaged pages in the submission
Document Specifications:
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Standard 8.5 x 11 inch paper (or appropriate size for larger documents like deeds)
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Margins of at least 1 inch on all sides for proper scanning and processing
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Page numbers in bottom center or bottom right corner for multi-page documents
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Legible signatures and notarial seals (notarized signatures printed clearly)
Recordkeeping Requirements Under NY Regulations (19 NYCRR §182.9)
Maintaining Your Electronic Journal: What You MUST Keep
Under New York Codes, Rules, and Regulations Title 19 Section 182.9, effective January 25, 2023, all New York State notaries must maintain detailed journals for every notarial act performed:
Journal Entry Requirements (19 NYCRR 182.9):
For each notarization (electronic or traditional), record the following information:
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✅ Date and time of notarial act performed
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✅ Type of document notarized (deed, affidavit, mortgage, etc.)
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✅ Principal’s full name and signature on journal (signature required, not just name)
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✅ Type and description of identification provided by principal
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✅ Notary fee charged for the service (including Certificate of Authenticity fee if applicable)
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✅ Signature of the person obtaining the notary service (if different from principal)
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✅ Unique transaction identifier generated by your electronic notary platform
Note: All notaries, regardless of whether they primarily perform traditional or electronic notarizations, must maintain journals for all acts performed. There is no option to skip journal entries under current regulations. Both paper and electronic journals are acceptable, but electronic must meet 10-year retention requirements.
Retention Requirements: The 10-Year Rule Explained
Critical Requirement: All notarial records must be retained for MINIMUM TEN YEARS (10) from date of transaction. This requirement is absolute and non-negotiable under current NY State regulations.
Records Requiring 10-Year Retention:
✓ Electronic journal entries documenting all notarial acts
✓ Audio-video recordings of complete notarization sessions
✓ Copies of all documents electronically notarized by you
✓ Certificates of Authenticity issued by you for papering out
✓ Transaction fees and payment records related to your services
✓ Any correspondence or documentation proving compliance with Executive Law 135-C
Audio-Video Recording Retention Requirements:
Electronic notaries must retain audio-video recordings showing:
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Complete uninterrupted notarial act from start to finish
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Identity verification procedures performed (clearly visible ID presentation)
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Signatures required for completion of document (all signers)
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Verbal description of document type and purpose
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Notary commission information displayed (if required by your platform)
Important: The recording must show the uninterrupted session with no gaps. Any breaks in the recording that prevent verification of the complete notarial act could result in regulatory issues during audit or complaint investigation.
When Records Must Be Produced for Official Review
Notaries may be required to produce records for various official purposes:
Documentation Production Scenarios:
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Request by Secretary of State during routine audit or complaint investigation
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Court order or subpoena related to a notarization act in question
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Law enforcement inquiry regarding potential fraud involving your notarizations
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Recordation officer verification requirements when documenting issues
Record Production Methods:
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Electronic journals can be produced in digital format via secure file transfer (encrypted email, SFTP)
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Audio-video recordings may require specific playback equipment or formats (MP4, AVI, etc.)
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Copies must be certified as true and accurate (may need additional certification for official purposes)
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Fees may be charged for record reproduction and administrative processing time
Best Practice: Keep your records organized and easily accessible. Maintain a system that allows quick retrieval of records within the 10-year retention period, especially during audit seasons or when facing regulatory inquiries. Use cloud-based storage with backup to ensure security and accessibility.
Common Pitfalls and How to Avoid Them
Mistake #1: Incomplete or Inaccurate Certificate of Authenticity
Problem: Missing commission number, expiration date, certification statement, or signature not matching county clerk exemplar causes document rejection.
Solution: Use a standardized Certificate of Authenticity template that includes all Executive Law §135-C requirements. Always verify your certificate matches the language and format authorized by statute. Keep your current commission information easily accessible in your workspace for every transaction.
Mistake #2: Poor Print Quality or Illegible Signatures
Problem: Poor print quality makes signatures or text unreadable to recording officers, resulting in rejected submissions.
Solution: Always test print quality before creating official Certificates of Authenticity. Invest in a high-quality printer rated for 300 dpi minimum resolution. Perform regular maintenance on printing equipment and replace ink cartridges before they become too worn for professional printing.
Mistake #3: Incorrect Commission Information on Certificate
Problem: Wrong commission number or expiration date creates legal validity issues—signatures must match county clerk exemplar exactly.
Solution: Keep your current commission information easily accessible in your workspace, verify accuracy against Secretary of State records before creating certificates. Never use expired dates or future-dated information on Certificates of Authenticity. Use the exact commission number issued by NYS Department of State.
Mistake #4: Failure to Retain All Required Records for 10 Years
Problem: Not retaining audio-video recordings for 10 years violates NY regulations under 19 NYCRR 182.9 and could result in disciplinary action, fines, or commission suspension.
Solution: Implement robust recordkeeping system with automatic cloud-based backups. Follow a clear retention schedule reviewing records regularly to determine when items expire. Document when each audio-video recording will reach the 10-year anniversary so you can safely dispose of expired recordings while retaining required documentation.
Mistake #5: Attempting Prohibited Remote Ink Notarization (RIN)
Problem: RIN (Remote Ink Notarization) was completely eliminated after January 25, 2023 and is no longer permitted under any circumstances in New York State.
Solution: Ensure all electronic notarial sessions are conducted through compliant audio-video technology with proper recording capabilities—not through document courier or “ink” methods. Remote online notarization (RON) is the only permitted remote option; RIN has been explicitly repealed per Department of State final regulations effective January 25, 2023.
Mistake #6: Signature Mismatch with County Clerk Exemplar
Problem: Your electronic signature must match exactly what county clerk has on file with commission application. If signatures don’t match perfectly, authentication will fail.
Solution: When registering as an electronic notary, carefully review how your electronic signature will appear in the county clerk’s system. Maintain consistent signature usage across all notarial acts and avoid modifying your electronic signature through different technology platforms without updating the county clerk on file. If you change platforms, verify signature consistency before performing additional notarizations.
Special Circumstances and Exceptions
Out-of-State Documents Being Recorded in New York
When notarizing documents for execution in other states or recording outside New York State:
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Follow the requirements of the state where document will be recorded
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Certificate of Authenticity must comply with NY Executive Law Section 135-C even if document is recorded elsewhere
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Some states may require additional certification (apostille, foreign county clerk authentication, etc.)
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Verify specific jurisdictional requirements before processing to avoid rejection
Example: If you notarize a deed for recording in Massachusetts using your NY electronic notary services, Massachusetts may require an apostille from the NY Secretary of State in addition to your Certificate of Authenticity. Contact the receiving state’s office first.
Documents Requiring Apostille or International Authentication
For documents intended for international use:
✓ Electronic notarizations performed in New York can still receive apostille certification from the Secretary of State
✓ Certificate of Authenticity must accompany apostille application as supporting documentation
✓ County clerk may certify your notary commission; Department of State authenticates further based on destination country requirements (per 19 NYCRR Part 38)
✓ Additional fees apply to apostille services (currently $50 for standard processing, $75 for expedited service, payment by check or money order only)
Multiple Document Bundles and Large Transactions
When handling multiple documents in same transaction:
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Each document requiring recording may need individual Certificate of Authenticity
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Or single comprehensive certificate for bundled documents (verify with receiving office first)
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Track each transaction separately in electronic journal with unique identifiers
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Create cross-reference documentation showing relationship between bundled transactions
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Maintain separate audio-video recordings for each distinct notarial act (cannot combine sessions under Executive Law 135-C)
Tip: For large multi-document transactions, create a “packet cover sheet” summarizing all documents included in the bundle and list the corresponding transaction IDs from your journal. This helps both you and the receiving office track all elements of complex filings.
Technology Requirements and Compliance Standards
Approved Electronic Notary Technology Platforms
Your technology platform must comply comprehensively with New York State regulations under Executive Law §135-C and 19 NYCRR 182.7-182.9:
Required Platform Features (Checklist for Selection):
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✅ Secure audio-video communication with continuous recording capability
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✅ Identity verification methods meeting state standards (document review, knowledge-based authentication)
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✅ Electronic signature generation through approved digital certificate system compliant with X.509 standards
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✅ Automatic journal entry creation and retention for 10-year requirement
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✅ Tamper-evident document sealing after completion of notarial act
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✅ Automatic transmission of electronic signature exemplar to county clerk upon registration (verify this feature!)
Data Security Requirements for Electronic Notaries
Electronic notaries must ensure robust data security at all stages:
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✅ Encryption of all transmission data during notarization session (minimum 256-bit encryption recommended)
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✅ Secure storage of audio-video recordings with access controls limiting viewing to authorized personnel only
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✅ Regular security audits and software updates to maintain compliance
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✅ Compliance with federal and state data protection regulations (HIPAA, GLBA where applicable)
Platform Provider Questions to Ask:
“Does the platform meet all NY Executive Law §135-C requirements?”
“How is audio-video recording secured and who has access to stored files?”
“Are recordings automatically backed up and retained for 10 years with verification?”
“Can I easily export records when required by Secretary of State or court order?”
Part 9: Frequently Asked Questions (Updated Q&A)
Q1: How long do I have to retain audio-video recordings after notarization?
A: All electronic notaries must retain audio-video recordings for a minimum of 10 years from date of notarization. This is required by regulation under Executive Law Section 135-C(d)(iii) and 19 NYCRR 182.9. Failure to maintain these records can result in disciplinary action, fines, or commission suspension.
Q2: Can I use any printer to create paper copies for recording?
A: While no specific printer model is mandated by statute, printed copies must be clear, legible, and reproduce all signatures and notarial blocks accurately. Use quality printers that produce professional-grade documents at minimum 300 dpi resolution. Poor print quality causing illegibility is a common reason for document rejection.
Q3: Is there a fee cap on Certificate of Authenticity charges?
A: Executive Law Section 135-C(d) allows electronic notaries to charge up to $2 per Certificate of Authenticity, plus reasonable fees for electronic notarization services. No maximum fee statute exists for electronic notary services—charges should reflect actual service costs and market rates within New York State.
Q4: What if my commission expires while documents are being recorded?
A: As long as the certificate was properly executed during your active commission period, expired commissions do not invalidate previously completed certificates. However, you must use current commission expiration date on Certificates of Authenticity—never future dates that don’t reflect your actual status at time of notarization.
Q5: Can I accept electronically notarized documents for recording at my office if I’m not an electronic notary?
A: Yes! All county clerks, city registrars, and recording officers must accept properly executed electronically notarized documents with attached Certificates of Authenticity regardless of whether the accepting office has electronic capabilities. This requirement is mandated by Executive Law Section 135-C to ensure uniform document acceptance throughout the state.
Q6: Do I need a separate electronic notary commission from my traditional commission?
A: No—once you register as an electronic notary with the Secretary of State, you receive a single unified commission number that applies to both in-person and electronic notarizations. Your commission expiration date is the same for all types of notarial acts, simplifying compliance and record-keeping.
Q7: What happens if my signature doesn’t match the county clerk exemplar exactly?
A: If signatures don’t match perfectly, your Certificate of Authenticity may be rejected by the county clerk, requiring re-notarization. Ensure your electronic signature used during notarization matches exactly what was filed with county clerk upon registration. Contact Department of State immediately if you need to update your signature on file. Re-notarization incurs additional fees and delays document processing.
Reaching Compliance Excellence
The papering out process represents a critical bridge between New York State’s modern electronic notarization capabilities and traditional document recording requirements. By understanding this process thoroughly, performing it accurately, and maintaining proper records, you as an online notary can ensure your clients’ documents are properly recorded and legally valid across all jurisdictions in the state.
Core Compliance Principles Summary:
| Principle | Key Action | Frequency |
|---|---|---|
| Registration | Complete Department of State registration before performing electronic notarizations | One-time (upon application) |
| Certificate Accuracy | Every Certificate must be complete, accurate, and signed matching county clerk exemplar | Every transaction |
| Record Retention | Maintain all required records for minimum 10 years—from journals to recordings | Continuous requirement |
| Compliance Focus | Follow Executive Law Section 135-C and 19 NYCRR 182.9 consistently in all acts | Every notarization |
| Client Communication | Clearly explain the papering out process, timelines, costs upfront | With each client |
Your Electronic Notary Excellence Checklist:
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Keep current commission information readily accessible at all times (digital and physical copies)
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Maintain standardized Certificate of Authenticity template aligned with Executive Law 135-C(d)
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Perform regular audio-video recording system testing and quality checks monthly
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Review journal entries daily to ensure completeness before end-of-day processing
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Keep current copy of NY State notary regulations handy for reference (dos.ny.gov/notary-public)
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Verify client document requirements before notarization begins
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Test print certificate quality with every major printer change or toner replacement
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Document all commission renewals and updates in your record system immediately
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Stay informed about legislative changes through reliable industry sources quarterly
Final Compliance Reminders:
✓ Signatures must match exactly what county clerk has on file—this is non-negotiable for document authentication
✓ 10-year retention period applies to all records including audio-video recordings—plan your storage strategy accordingly
✓ Certificate of Authenticity language must comply with Executive Law §135-C(d)—don’t improvise certification statements
✓ County clerks across the state MUST accept papered-out certificates—if they refuse, reference Executive Law 135-C
By adhering to these standards and maintaining excellent recordkeeping practices, you position yourself as a trusted professional partner in New York State’s evolving notarial landscape. The convenience of remote online notarization combined with proper document recording procedures ensures your services remain relevant, compliant, and invaluable to clients across the Empire State.
Additional Resources: Stay Compliant and Informed
Official New York State Resources
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Department of State Notary Public Division
https://dos.ny.gov/notary-public-frequently-asked-questions
Official guidance, forms, and regulatory updates -
Executive Law Section 135-C (Electronic Notarization)
https://www.nysenate.gov/legislation/laws/EXC/135-C
Complete statutory language and legislative history -
19 NYCRR Part 182 (Notary Public Regulations)
Contact: NYS Department of State, Division of Licensing Services
Complete regulatory framework including recordkeeping requirements -
NYSCEF Electronic Filing System Information
https://iapps.courts.state.ny.us/nyscef/HomePage
Court e-filing procedures for legal professionals
Notary Organizations
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New York Notary Alliance: Professional organization for NY notaries with legislative updates
https://www.nynotaryalliance.com/ron-resources -
National Notary Association (NNA): New York-specific compliance guidance
https://www.nationalnotary.org/ -
American Society of Notaries: Regulatory tracking and continuing education
https://www.asnnotary.org/?form=notarylawupdates
Technology Platform Verification Checklist
Before selecting or changing electronic notarization platform providers, verify:
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✅ Confirmation they meet all NY Executive Law §135-C requirements
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✅ Evidence of automatic signature exemplar transmission to county clerk upon registration
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✅ Secure 10-year audio-video recording retention system with backup verification
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✅ NY-specific journal compliance features (19 NYCRR 182.9 compliant)
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✅ Customer support knowledgeable about New York regulations and county clerk requirements
Disclaimer: This guide provides comprehensive information about New York State electronic notary requirements and county clerk recording procedures as of March 2026. Laws, regulations, and procedures may change without notice. Always consult with the New York State Department of State Notary Public Division or qualified legal counsel for current requirements specific to your situation and notarization circumstances.