The notary may notarize the copy received electronically and transmit same back to signatory. The signatory must transmit a legible copy of signed document by electronic means to notary on same day of conferenced signature and then The signatory must affirmatively represent to notary that he/she is physically located in New York State The witnessing of the signature(s) must be by two-way video conference allowing for direct interaction between notary and signatory (i.e., not prerecorded video) The individual must display valid photo ID to notary public during video conference if not personally known to notary In recognition of the fact that the pandemic would make physical presence inadvisable or sometimes impossible, relief from the strict requirements of the statutes was granted by Executive Orders that authorized a “virtual” process.Įxecutive Order 202.7 permits remote notarization with the following conditions: Under NY law, a notary or witness generally needs to be physically present with the signing individual at the time a valid act of notarizing or witnessing takes place. In the early days of the Covid-19 crisis, Governor Cuomo issued Executive Orders that specifically addressed the challenges presented for two common situations in the legal field: the notarization of signatures and the witnessing of estate planning documents, like Wills and Health Care Proxies.
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