WBK Industry - State Regulatory Developments

NY Temporarily Authorizes Remote Notarizations and NY DFS Filings by Fax or Email in Response to Coronavirus

In response to the COVID-19 health crisis, the governor of New York issued an executive order authorizing the use of notarization by videoconference until April 18, 2020.  In addition, the governor authorized New York Department of Financial Services filings that are required to be verified or acknowledged to be made by sending a legible copy of the signed instrument by fax or email, through April 28, 2020.

Video notarizations must meet the following requirements to be valid:

  • The person seeking services, if not known to the notary, must provide identification during the videoconference;
  • The videoconference must provide for direct interaction between the participants;
  • The person seeking services must affirm that he or she is physically situated in the State of New York;
  • The person must fax or electronically send the signed document to the notary on the day it is signed;
  • The notary may notarize the transmitted copy and send the notarized copy back to the person; and
  • The notary may repeat the notarization of the original signed document as of the date of execution if the notary receives the original together with the electronically notarized copy within thirty days after the date of execution.