If you have ever sat across from a notary public waiting for your document to be officially sealed, you have probably noticed that little squelch of the rubber stamp being pressed onto your paper. But have you ever wondered what that stamp actually represents? And if you have signed documents online from the comfort of your own home, you might be even more curious – how does an electronic stamp work, and is it really just as good?
The truth is, most people do not think much about notary seals until they need one. And by then, confusion often sets in. What kind of seal does a notary need? Are all seals created equal? Is that electronic stamp on my remote notarized document legitimate?
As a licensed New York State Remote Online Notary, I get these questions from my clients almost every single day. Some clients worry that their electronic notarization is not “real.” Others wonder whether their Power of Attorney document should have an embossed seal to be valid. And families notarizing documents for elderly parents often have a whole separate set of concerns.
So let me pull back the curtain on the world of notary seals, stamps, and everything in between. By the end of this article, you will understand exactly what each type of notary seal is, how they work, what New York law says about them, and which one is appropriate for your situation.
The Traditional Ink Stamp
The most familiar notary seal is the ink stamp – that rubber or self-inking stamp that presses inked information onto your document in one quick motion. When you see a notary take out a rectangular or circular stamp and press it down next to their signature, that is exactly what is happening.
A notary ink stamp contains specific information about the notary public. In New York, the required information that must appear on or near the notary’s signature includes the notary’s full name, the designation “Notary Public, State of New York,” the county where the notary is qualified, the commission expiration date, and the official ID number if one has been assigned by the county clerk. The stamp imprints all of this in a single clean mark, making the document immediately recognizable as a properly notarized record.
Ink stamps are the workhorse of the notary world. They are fast, clear, and their impressions show up perfectly on photocopies and scans. The ink must be photographically reproducible, meaning that if you copy the document on a black-and-white copier or scan it, the seal impression should still be visible and legible.
Ink stamps come in different formats. Self-inking stamps have a built-in ink pad and you simply press down on them. Pre-inked stamps (also called memory stampers) appear to have the text embedded within the rubber itself, producing an extremely clean impression with crisp edges. Manual rubber stamps require a separate ink pad. Each format has its advantages, but the result on your document is essentially the same – a clear, reproducible notary seal.
The Embossing Seal
If you have ever seen an old movie where a notary takes out a fancy metal device, clamps it down on a document, and creates a raised circular impression in the paper, that is an embossing seal. Embossers have been the traditional method of notarization for centuries, long before ink stamps became commonplace.
An embosser is a metal clamping device, usually shaped like a pair of scissors with a hinge. The notary places the document between the two halves, squeezes the handles together, and the metal dies on each side press into the paper from opposite directions, crimping the paper into a raised circular design. The raised impression displays the notary’s information – name, state of commission, county, and sometimes the expiration date.
The thing that makes embossers special is that they leave a physical, three-dimensional mark on the paper. You can run your finger over the impression and feel the raised edges. This tactile quality is why embossed seals are often perceived as more “official” – and in some cases, they genuinely are more secure against fraud, since forging a raised impression is more difficult than forging an ink mark.
However, embossers have one notable limitation: the raised impression will not show up on a photocopy unless you ink it first. Many notaries who use embossers will also apply an impression inker – a special ink pad that covers only the raised portions of the embossed seal – to make the impression photographically reproducible. Some states that allow embossers actually require this extra step.
Notaries who work on international documents typically keep an embossing seal on hand. A receiving country may reject a notarized document simply because they expected a raised seal.
The Electronic Seal
Now let us talk about the method that has transformed the notary profession most dramatically in the last decade: the electronic seal.
An electronic seal is exactly what it sounds like – it is the digital equivalent of a physical notary seal. Just as an ink stamp or embosser authenticates a paper document, an electronic seal authenticates a digital document. The key difference is that instead of leaving a physical mark on paper, an electronic seal is embedded into the electronic file itself.
Here is how it works in practice. When you schedule a Remote Online Notarization (RON) with me, you will connect through a secure platform. We will communicate face-to-face via live two-way audio and video – just like a video call, but with specific legal requirements built in. You will sign the document electronically on your screen, and then I will apply my electronic signature and electronic seal to the document. The seal contains the same information as a physical stamp: my full name, my title as a Notary Public in New York State, my county of qualification, my commission expiration date, and my official ID number.
But the electronic seal does something an ink stamp cannot do. It is backed by what is called a digital certificate. A digital certificate is a small piece of invisible computer code that performs two critical functions. First, it verifies my identity as the notary who performed the act. Second, it makes the document tamper-evident. This means that if anyone tries to alter the document after I have sealed it, the document will show a clear indication that changes have been made. When you open the notarized file, you can verify that the seal has not been broken and that the document is exactly the same as when I applied my seal.
This is a significant advantage over traditional notarization. With a paper document, someone could theoretically alter the text after the stamp has been applied without anyone noticing. With an electronically sealed document, any alteration is immediately detectable.
The New York State Department of State requires that every electronic notary submit an exemplar – a sample document showing their electronic seal, signature, and digital certificate – for approval before performing any remote online notarizations. This ensures that every electronic seal meets the state’s standards and that your notarized document will be recognized as valid.
What New York Law Says
New York is a little different from many other states when it comes to notary seal requirements, and this is where things can get confusing.
Here is the short version: New York does not actually require a notary to use a physical seal or stamp. Under New York law, a notary can authenticate a document by simply signing it by hand and printing or typing the required notarial information – name, title, county, expiration date, and ID number – below the signature. No stamp needed.
However, this does not mean that most notaries go without one. In practice, virtually every New York notary carries at least one ink stamp because it is simply more efficient and professional than handwriting the same information on every single document. And an ink stamp ensures that nothing is accidentally left off. I personally use both an ink stamp for paper documents and an electronic seal for remote and digital documents.
If you are curious about how other states handle this, the requirements vary widely across the country. Some states like California and Florida mandate ink stamps specifically. Others like Massachusetts and Texas allow either an ink stamp or an embosser. A handful of states have no seal requirement at all, just like New York. If you are notarizing a document that will be used out of state, it is always worth checking that state’s requirements to make sure the seal format will be accepted.
Now, let us talk specifically about New York’s rules for electronic notarization. In January 2023, New York enacted new regulations that authorized both Remote Online Notarization (RON) and In-Person Electronic Notarization (IPEN). Here is what you need to know:
Any electronic notary in New York must be registered with the state as an Electronic Notary. This is not the same as a traditional notary commission. To become an electronic notary, I registered through the NY Business Express portal, submitted a new Oath of Office, and then submitted an exemplar of my electronic signature and seal to the Department of State for approval.
When I perform a remote online notarization, I am required to use live two-way audio-video technology. I must verify your identity through credential analysis of your government-issued ID and identity-proofing questions. The entire session is recorded on audio-video, and I am required to retain that recording for at least ten years. I also maintain a detailed electronic journal of every notarial act I perform.
The electronic notarial certificate on your document must include specific additional language stating that the notarization involved a remote online appearance with communication technology. This extra wording helps anyone reviewing the document understand exactly how the notarization was performed.
For documents that need to be physically recorded – like real estate deeds filed at the county clerk’s office – New York law allows me to “paper out” an electronically notarized document. This means I can print the electronically notarized document and attach a Certificate of Authenticity, a traditional notarization that certifies the printed copy is a true and correct reproduction of the electronic version.
Finally, New York limits what I can charge for these services. Traditional in-person notarizations are capped at two dollars per act, while remote electronic notarizations can be charged at up to twenty-five dollars per act. The higher fee for remote notarizations reflects the additional technology, security measures, and time involved.
How to Choose the Right Seal for Your Needs
As a client, how do you know which type of notarization – and therefore which type of seal – is right for your situation? Here is my practical guide:
If you are signing a document in person at my office or at a location of your choice, you will receive a traditional ink stamp notarization. This is the most common scenario and works for the vast majority of everyday documents. The ink stamp will be clearly visible on your paper document and will reproduce perfectly on any photocopy or scan.
If you are in a hurry or if you are not physically able to come to a notary’s location, remote online notarization with an electronic seal is your best option. You can complete the entire process from your phone, tablet, or computer. The electronic seal embedded in your digital document carries the same legal weight as a traditional ink stamp, and the added tamper-evident feature means your document is actually more secure than a paper version.
If your document will be used internationally or in a country that specifically expects a raised seal, I can provide an embossed seal in addition to the ink stamp. I have found that certain countries – particularly those in Europe and Latin America – are more familiar with embossed seals and may be more likely to accept a document that has a raised impression.
If your document will be recorded at a county clerk’s office – such as a deed, mortgage, or recorded lease – and it has been electronically notarized, I can paper it out with a Certificate of Authenticity so it is ready for recording.
The bottom line is this: the type of seal does not determine the validity of your notarization. What matters is that the notary is properly commissioned, the notarial certificate contains the correct wording, and the proper identification procedures were followed. Whether my seal lands on your document via ink, embossing, or digital embedding, the legal authority behind it is exactly the same.
Common Questions About Power of Attorney Notarization
One area where I see the most questions from my clients is Power of Attorney notarization. People come to me not only for their own documents but frequently to help their elderly parents. Let me address the questions I hear most often.
Q1: What is the difference between a Power of Attorney and a Health Care Proxy in New York?
This is the number one source of confusion I encounter, and I cannot stress this enough. In New York State, a standard Power of Attorney covers financial matters, real estate transactions, banking, and legal affairs. It does not automatically cover medical decision-making. Medical decisions require a separate document called a Health Care Proxy. These are two distinct documents, and they can even name different people as agents. When I notarize a Power of Attorney for you or your parent, make sure you are also executing a Health Care Proxy if you want someone to make medical decisions on your behalf.
Q2: Can my parent sign the Power of Attorney if they already have some memory issues?
Yes, as long as your parent can understand what they are signing and can communicate their intent. The legal standard in New York is not that the signer has perfect memory, but that they have sufficient mental capacity to understand the nature and effect of the document. During our notarization session, I will ask a few simple questions to confirm your parent understands what a Power of Attorney does. If your parent is in the later stages of dementia or is no longer able to communicate clearly, a Power of Attorney may need to be created while they still have capacity, or you may need to petition the court for guardianship under Article 81 of the New York Mental Hygiene Law.
Q3: Does the Power of Attorney need to be witnessed as well as notarized?
Under New York law, the current Statutory Short Form Power of Attorney requires both notarization and the signatures of two disinterested witnesses. One of those witnesses can be the notary, so in practice you need the notary plus one additional witness. The witnesses must be people who are not named in the document and who are not related to you. During the pandemic, New York temporarily allowed remote witnessing, but those emergency provisions have expired. For most documents now, witnesses need to be physically present.
Q4: What is the “Statutory Short Form” that everyone keeps mentioning?
New York provides a standardized template for Powers of Attorney called the Statutory Short Form. It was updated in 2021 with significant changes, and while older forms are still technically valid, banks and financial institutions strongly prefer the current version. The new form includes broader powers – such as authority over digital assets and more explicit gifting provisions – and it comes with legal protections. If a bank unreasonably refuses to honor a properly executed new-form Power of Attorney, they can now be held liable for damages. My advice: if your parent still has capacity, have them sign the current 2021 form rather than relying on a decades-old document.
Q5: Can I sign the Power of Attorney on my parent’s behalf?
Not exactly. The Power of Attorney itself is your parent’s document, and your parent is the one who chooses to give you authority. Your parent must sign it in their own name. However, once signed, you as the agent should always sign documents on your parent’s behalf using a clear format like “Parent’s Name, by Your Name, Agent” or “Your Name as Agent for Parent’s Name.” Signing simply as yourself can create personal liability, especially for things like nursing home admission contracts. This is a mistake I see constantly in hospital waiting rooms and nursing homes across New York.
Q6: Can a Power of Attorney be notarized remotely?
Yes, but with a small caveat. New York’s electronic records law excludes certain documents from electronic notarization, and most Powers of Attorney fall into that category because they appoint someone to manage your affairs. However, in practice, remote online notarization of Powers of Attorney is widely accepted and commonly performed. The key is that the notary must still follow all the RON procedures, including identity verification and audio-video recording. If you want to be extra cautious, you can always choose an in-person notarization for Power of Attorney documents, and I am happy to accommodate either preference.
Q7: How do I make sure banks and hospitals actually accept the document?
Keep these three things in mind. First, check the modifications section of the form. The Statutory Short Form is essentially a template, and the modifications section is where you add specific powers like authority to create trusts, handle co-op apartments, or manage digital assets. Leave it blank and you may find the agent is missing powers you did not even know you needed. Second, make sure the document was properly executed with all required signatures, witnesses, and notarization. Third, keep multiple copies of the fully executed document – one for your records, one for your parent, and one to carry to banks and hospitals. I always recommend keeping a digital copy on your phone as well.
Practical Tips for Every Client
Whether you are notarizing a simple affidavit or a complex Power of Attorney for your elderly parent, here are some universal tips that will make the process smoother for everyone involved:
Always bring proper identification. For in-person notarizations, you need a current government-issued photo ID with your signature. Acceptable forms include a driver’s license, passport, military ID, or New York state identification card. If your ID has expired, the notary cannot use it. If you do not have any identification, you can be identified by a credible witness who has their own valid ID and personally knows you.
Read the document before you sign. This sounds obvious, but I cannot tell you how many times I have watched someone sign a document without reading it. The notary does not explain the contents of your document to you – we verify your identity and confirm you are signing willingly. If there is language or terms you do not understand, ask the person who prepared the document.
Do not sign the document until you are with the notary. The notary needs to see you sign it, or at least needs you to acknowledge your signature in their presence. Pre-signed documents can create questions about whether the signature was made under duress or without proper understanding.
Ask questions about the type of notarization needed. There are two main types of notarial acts: acknowledgments and jurats. An acknowledgment confirms that you signed the document voluntarily and that the signature is yours. A jurat involves you signing the document in the notary’s presence and taking an oath or affirmation that the contents are true. Using the wrong type can invalidate the notarization, so if you are unsure, ask the notary to help you determine which is appropriate.
Confirm the receiving party will accept your notarization format. Even if New York law allows electronic notarization for your document, the bank, court, or agency receiving the document may specifically require a traditional wet-ink notarization. Always call ahead and ask. It saves everyone time and frustration.
The world of notary seals and stamps might seem like an arcane and outdated corner of the legal world, but it is a living, evolving system that protects the integrity of the documents you sign every day. Whether your document gets a traditional ink stamp, a raised embossed seal, or a digitally embedded electronic seal, the underlying principle is the same: a trusted, commissioned officer of the state has verified your identity and confirmed that your signature is genuine.
As a New York State Remote Online Notary, I get to work with both ends of this spectrum every day. I sit at my desk with my rubber stamp ready for in-person clients, and I log onto secure video platforms to perform remote notarizations using my electronic seal. In all cases, the goal is the same – to make sure your documents are properly executed and legally valid.
If you have questions about which type of notarization is right for your situation, or if you need help understanding the requirements for a Power of Attorney or any other document, please do not hesitate to reach out. It is what I am here for. Your documents deserve to be handled correctly, and I take that responsibility very seriously.
Remember, a properly notarized document is one less thing to worry about in your life. Let me help you take care of it the right way, whether that means an old-fashioned ink stamp at my desk or a fully electronic notarization from the comfort of your home.
Disclaimer: The information provided in this blog post is for general educational purposes to assist New York notaries and does not constitute legal advice. While we strive for accuracy, New York State laws, fees, and regulations may change over time, so please verify all details with the NY Department of State. The author assumes no liability for any errors, omissions, or results arising from the use of this content.