Disclaimer: This article provides general informational content about New York State Remote Online Notarization regulations under Executive Law Section 135-C. For authoritative legal guidance, consult the NYS Department of State or qualified legal counsel. Regulations may change; always verify current requirements before conducting remote notarial acts.
NYS Rules
Remote Online Notarization (RON) represents one of the most significant transformations in notarial practice in New York State. As of January 31, 2023, electronic notarization has been permanently authorized under Executive Law Section 135-C. For New York notaries and clients alike, understanding the complete regulatory framework is essential for compliance and successful implementation.
This guide covers Executive Law requirements, technology standards, identity verification procedures, and critical recordkeeping obligations for RON in New York State as of 2026.
Section 1: Legal Framework – Executive Law Section 135-C
New York State’s approach to Remote Online Notarization is grounded in statutory law enacted through Chapter 18 of Article 6, specifically Executive Law Section 135-C. This legislation became permanent law effective January 31, 2023, through Senate Bill 1780.
Key Statutory Definitions
Executive Law Section 135-C establishes several critical definitions:
Communication Technology: An electronic device or process allowing a notary public and remotely located individual to communicate simultaneously by sight and sound, including provisions for individuals with vision, hearing, or speech impairments.
Electronic Notarial Act: An official act by a notary public, physically present in New York State, on or involving an electronic record using means authorized by the secretary of state.
Electronic Notary Public: A notary public registered with the secretary of state with capability to perform electronic notarial acts.
Authority and Oversight
The New York State Department of State (DOS), Division of Licensing Services maintains primary authority over electronic notary registration and compliance enforcement. The DOS develops regulations through administrative rulemaking and maintains the official list of registered electronic notaries.
Notably, Executive Law Section 135-C includes an important geographical limitation: the notary must be physically located within New York State at the time of the performance of an electronic notarial act, regardless of where the document signer is located.
Transaction Scope
Executive Law Section 135-C permits remote notarization for documents signed with electronic signatures under applicable law. For transactions involving signers outside the United States, the record must relate to matters before U.S. public officials or courts, or involve property located within U.S. territorial jurisdiction.
Section 2: Notary Registration & Compliance Requirements
Becoming a Remote Online Notary in New York requires specific registration steps beyond holding a traditional notary commission.
Prerequisites
Before performing electronic notarial acts, an individual must:
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Hold a currently active New York State notary public commission
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Be in good standing with no disciplinary actions pending
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Complete electronic notary registration with the Secretary of State
Registration Process
The registration application requires submission of:
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Notary’s full name as currently commissioned
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Complete mailing address on file with the Department of State
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Commission expiration date and signature
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Email address for official correspondence
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Description of electronic technology to be used
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Exemplar of the notary public’s electronic signature
Application Fee
The registration fee for electronic notary capability is $60, as established by Department of State regulation. This fee is in addition to any standard notary commission fees.
Ongoing Compliance Obligations
Change of Email Address: Within five days after changing an electronic notary’s email address, the notary must electronically transmit notice of the change to the secretary of state, signed with the official electronic signature.
Technology Updates: Any changes to the communication technology or electronic signature method must be reported to maintain registration accuracy.
No Mandatory Training: Unlike some states, New York does not impose mandatory continuing education requirements for electronic notaries. However, completing state-approved training is strongly recommended.
Refusal Authority
Executive Law Section 135-C preserves notary autonomy: a notary public may refuse to perform electronic notarial acts if the notary is not satisfied the principal is competent or has capacity to execute the record, or if the signature is not knowingly and voluntarily made.
Additionally, no notary public may exclusively require notarial transactions to utilize electronic notarization. Electronic notaries must continue offering traditional in-person services.
Section 3: Technology Standards & Communication Requirements
Technology selection is critical for RON compliance. Executive Law Section 135-C(2)(a) establishes specific minimum standards.
Mandatory Technology Features
Simultaneous Audio-Video Communication: The technology must allow the notary and remotely located signer to communicate simultaneously by sight and sound. This means real-time video conference technology with clear visual and audio capabilities.
Security Requirements: Signal transmission must be secure from interception by anyone other than the persons communicating. This necessitates encryption and secure data transmission protocols.
Live Interaction: The communication technology must permit the notary to communicate with the principal live, in real time. Pre-recorded videos or asynchronous messaging do not satisfy this requirement.
Identity Verification: The technology must enable the notary to communicate with and identify the remotely located individual at the time of the notarial act.
Authentication Standards
Section 135-C(2)(a)(iv) requires two or more different processes for authenticating the identity of a remotely located individual utilizing technology to detect and deter fraud. This multi-factor authentication requirement is non-negotiable.
Acceptable authentication methods include:
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Credential analysis of government-issued identification documents
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Knowledge-based authentication questions from credit/history databases
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Biometric facial recognition matching
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Personal knowledge of the signer (alternative to automated methods)
Recommended Technology Specifications
While New York does not prescribe specific technical standards, best practices recommend:
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Video Quality: Minimum 720p resolution for clear facial identification
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Audio Quality: Clear voice communication without significant background noise
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Internet Connection: Stable broadband connection (minimum 5Mbps upload/download)
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Backup Recording: Secondary recording capability to prevent session loss
Approved Platform Requirements
Electronic notaries must select communication technology that meets state requirements. Using non-compliant technology voids the electronic notarial act and may result in disciplinary action.
Section 4: Identity Verification & Authentication Process
Identity verification is the most critical security component of any RON session. Executive Law Section 135-C(2)(a) establishes that methods for identifying document signers for electronic notarization shall be the same as methods required for paper-based notarization.
Primary Identity Credential Requirements
Government-Issued Photo ID: Acceptable forms include:
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U.S. passport or passport card
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State-issued driver’s license or identification card
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U.S. military identification card
Document Validity: The identity credential must be current and not expired beyond acceptable limits.
Multi-Factor Authentication Process
Credential Analysis: Automated or manual analysis of the government-issued credential to detect counterfeit indicators and verify document authenticity.
Knowledge-Based Authentication (KBA): Questions generated from verified personal information with a minimum 70% passing rate.
Biometric Matching: Facial recognition technology comparing the signer’s live video feed to the credential photograph.
Liveness Detection: Technology to prevent photo spoofing and ensure live person presence.
Failed Verification Protocol
If any verification method fails, the electronic notary must terminate the session. Executive Law Section 135-C does not permit proceeding with notarization when identity cannot be conclusively established.
Section 5: Session Recording & Retention Obligations
Recording requirements represent one of the most critical compliance obligations for electronic notaries in New York State.
Mandatory Recording Duration
Executive Law Section 135-C(2)(b) explicitly requires that if video and audio conference technology has been used to ascertain a document signer’s identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used.
The recording must capture the entire communication session from initial connection to session conclusion, including all identification verification procedures performed, the notary-signer interaction throughout the transaction, document review and signing process, and administration of oaths or acknowledgments as applicable.
10-Year Retention Period
Executive Law Section 135-C(2)(b) establishes that the recording shall be maintained for a period of at least ten years from the date of transaction. This extended retention period emphasizes New York’s commitment to fraud prevention and regulatory oversight.
Audit Trail: The Department of State may request access to recordings at any time during the retention period. Notaries must be able to produce complete records promptly upon lawful request.
Electronic Storage: Recordings may be maintained electronically provided they remain accessible, unaltered, and retrievable within reasonable timeframes.
Post-Commission Obligations: Even after a notary’s commission expires, the 10-year retention requirement continues. Notaries must make arrangements for continued storage access after commission ends.
Section 6: Electronic Signature & Notarial Certificate Requirements
Executive Law Section 135-C(5) establishes specific standards for electronic signatures used by notaries public.
Electronic Signature Requirements
The notary public’s electronic signature is deemed reliable if it meets the following requirements adopted through regulation:
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Unique to the Notary Public: The signature must be distinctive to the individual notary and not shared
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Capable of Independent Verification: The signature must be verifiable through established methods
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Under Notary’s Sole Control: Only the notary may access and apply the electronic signature
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Attached to Electronic Record: The signature must be physically or logically connected to the document
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Linked for Alteration Detection: The signature must be linked to underlying data such that subsequent alterations are detectable and may invalidate the electronic notarial act
Certificate Language Requirements
Executive Law Section 135-C(5)(d) requires that the remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgement or making the oath appeared through use of communication technology. This language distinguishes remote notarizations from traditional in-person acts.
Section 7: Common Compliance Mistakes to Avoid
Even experienced notaries encounter pitfalls. Here are the most common violations:
Using Non-Compliant Technology Platforms
Remedy: Verify technology platform compliance with the Department of State before use. Check for approval status regularly as vendor certifications may change.
Incomplete Identity Verification
Remedy: Never proceed if identity cannot be conclusively established. Implement multi-factor authentication as required. Document all verification attempts.
Inadequate Recording Quality
Remedy: Test recording equipment before each session. Ensure adequate lighting, clear audio, and stable video connection.
Improper Recording Retention
Remedy: Implement automated retention systems that prevent premature deletion. Maintain separate backup copies in secure locations.
Performing Acts Outside New York Location
Remedy: Never perform acts unless physically located within New York State borders.
In Summary:
Remote Online Notarization in New York State offers significant convenience while maintaining rigorous security standards. Executive Law Section 135-C provides a clear legal framework that balances innovation with consumer protection.
Key Compliance Points for 2026:
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Ensure technology platform meets Executive Law Section 135-C standards
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Complete notary registration before performing electronic acts
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Maintain 10-year recording retention from transaction date
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Implement multi-factor authentication for all signers
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Keep electronic signature under sole control with alteration detection
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Notify Secretary of State of email changes within 5 days
Stay Informed:
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New York Department of State Notary Public Division: dos.ny.gov/notary-public
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Executive Law Section 135-C: nysenate.gov/legislation/laws/EXC/135-C
Final Disclaimer: This guide is for informational purposes only and does not constitute legal advice. New York RON regulations may change. Consult the NYS Department of State or qualified legal counsel for authoritative interpretations before conducting remote notarial acts.
Always verify with official sources before performing electronic notarial acts.