New York was once one of the slowest states to adopt remote notarization, but today it has one of the most structured and technologically advanced systems in the U.S. After years of temporary pandemic authorizations, New York’s permanent Remote Online Notarization (RON) law took effect in 2023, marking a major modernization of notarial practice in the state.
This article explains the legal framework, how the process works, who can perform online notarizations, and the key compliance rules every signer and notary should know.
1. Legal foundation for remote notarization in New York
Statutory authority
Remote notarization in New York is governed primarily by:
- Executive Law §135-c, enacted through Chapter 767 of the Laws of 2021, as amended by Chapter 104 of the Laws of 2022.
- 19 NYCRR Part 182 (adopted by the New York Department of State).
- Complemented by New York’s Electronic Signatures and Records Act (ESRA) (State Technology Law §§301–309) and the federal ESIGN Act (15 U.S.C. §7001).
The permanent framework replaced the emergency executive orders that permitted remote notarization during the COVID-19 pandemic.
2. Two categories of notarization
New York recognizes two main forms of electronic notarization:
- Electronic Notarization (In-Person): The signer and notary meet physically but sign electronically on a digital platform.
- Remote Online Notarization (RON): The notary and signer interact entirely online using real-time audio-video communication that meets state-approved technical and security standards.
3. Becoming an electronic or remote notary in New York
A New York notary must first hold a traditional commission under Executive Law §130 and then complete an additional registration for electronic/remote notarization with the Department of State (DOS).
Application requirements
- Current, active notary commission in New York.
- Completion of the electronic notary registration through the DOS online portal.
- Disclosure of the RON platform(s) to be used (must meet state standards).
- Digital certificate for secure electronic signatures.
- Electronic seal compliant with DOS requirements.
- $60 fee for the additional registration.
Once approved, the notary may perform both in-person electronic and remote online notarizations.
4. The remote notarization process in New York
Step 1: Real-time audio-video communication
The notary and signer must communicate in real time through a secure, tamper-evident audiovisual connection. The technology must allow both parties to see, hear, and interact simultaneously.
Step 2: Identity verification
New York requires strict multi-factor identity proofing, including:
- Credential analysis of a government-issued photo ID, and
- Dynamic knowledge-based authentication (KBA) with at least five personal questions.
If the signer is personally known to the notary, KBA may be waived, but credential analysis is still required.
Step 3: Document signing
The signer electronically signs the document in the notary’s presence (virtually). The notary then affixes their electronic signature and official seal, which must include a notation stating:
“This remote notarization was performed using audio-video communication in accordance with New York Executive Law §135-c.”
Step 4: Recordkeeping
New York’s law mandates extensive recordkeeping by remote notaries:
- Each remote notarization session must be audio-video recorded and retained for at least 10 years.
- An electronic journal must be maintained with details of every notarial act.
- All records must be stored securely and remain accessible to the Department of State upon request.
Step 5: Location rules
The notary must be physically located in New York State at the time of the notarization.
The signer may be located anywhere—in another U.S. state or even overseas—provided the document is related to U.S. law and the signer consents to the jurisdiction of New York.
5. Approved platforms and technology standards
The New York Department of State maintains and updates minimum technology standards for approved RON systems. A compliant platform must include:
- End-to-end encryption of the session.
- Secure identity proofing consistent with NIST SP 800-63A guidelines.
- Tamper-evident document technology.
- Audit trail with timestamps for all actions.
- Long-term data retention compliant with 10-year requirements.
Commonly used platforms that have adapted to New York standards include DocuSign Notary, BlueNotary, OneNotary, Notarize, and other providers that integrate secure identity proofing.
6. Documents eligible for remote notarization
Most documents that can be notarized traditionally in New York can now be notarized online, including:
- Real estate documents and mortgage instruments
- Business contracts and affidavits
- Powers of attorney (if permitted under state form requirements)
- Acknowledgments and jurats
- Government filings and applications
Exceptions:
Certain wills, codicils, and estate instruments may still require in-person notarization under New York’s Estates, Powers, and Trusts Law (EPTL). Always confirm whether your specific document type qualifies.
7. Legal recognition and out-of-state acceptance
A properly performed remote notarization under New York Executive Law §135-c has the same legal force and effect as one performed in person.
Documents notarized by a New York remote notary are recognized across the United States under the Full Faith and Credit Clause and the ESIGN Act. For international use, a New York apostille may be obtained from the Department of State’s Authentication Division to certify the electronic notarization for foreign jurisdictions that are members of the Hague Apostille Convention.
8. Compliance responsibilities for New York notaries
New York imposes some of the strictest compliance rules in the country:
| Requirement | Description |
|---|---|
| Record retention | 10 years (audio-video recording + electronic journal) |
| Technology disclosure | Must use only approved platforms and disclose them to the DOS |
| Physical location | Notary must be in New York at the time of notarization |
| Jurisdiction statement | Each certificate must indicate the notarization was performed remotely under §135-c |
| Audit access | The DOS can inspect or request journal and recording data at any time |
Failure to comply may result in disciplinary action, suspension, or revocation of the notary’s commission.
9. Advantages of New York’s RON framework
- Accessibility: Signers can appear from anywhere worldwide.
- Security: Multi-factor identity checks and tamper-evident seals prevent fraud.
- Efficiency: Faster completion of business and real estate transactions.
- Transparency: Full session recordings create a verifiable record.
- Future-proofing: Aligns with federal and interstate digital authentication standards.
10. Summary
| Aspect | Key Facts (New York, 2025) |
|---|---|
| Governing Law | Executive Law §135-c; 19 NYCRR Part 182 |
| Effective Date | Permanent RON effective January 25, 2023 |
| Commission Type | Traditional + Electronic Notary Registration |
| Identity Verification | Credential analysis + KBA (unless personally known) |
| Retention Period | 10 years (recordings and journals) |
| Notary Location | Must be in New York; signer may be anywhere |
| Platform Requirements | Secure, encrypted, NIST-compliant, DOS-approved |
| Legal Effect | Equal to in-person notarization under ESRA & ESIGN |
Final Thoughts
New York’s Remote Online Notarization law represents a major modernization of legal and business practice, balancing convenience with strong consumer protection. Whether you’re a lawyer, lender, real estate agent, or individual signer, understanding the procedures and compliance duties under Executive Law §135-c is essential.
With secure platforms, robust recordkeeping, and clear legal recognition, New York’s RON system is now one of the nation’s most advanced—bringing the notarial process fully into the digital era.