The New York Department of State has adopted the following rule to

The New York Department of State has adopted the following rule to amend Title 19 of the NYCRR.

This rulemaking establishes the standards relating to the performance of notarial acts, including

electronic notarial acts.

Notice of proposed rulemaking was published in the July 27, 2022, edition of the State Register.

Please refer to the January 25, 2023, edition of the State Register, available on the Department’s

website, for additional information relating to the adoption of this rulemaking.

These changes will become effective on January 25, 2023. For questions or concerns regarding the

new rules, please call (518) 474-4429.

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19 NYCRR, Chapter V, Subchapter E, Part 182

Addition of Sections 182.2 – 182.11

Sec.

182.2 Definitions

182.3 Requirements for Notarial Acts

182.4 Additional Requirements for Electronic Notarial Acts

182.5 Satisfactory Evidence of Identity

182.6 Credential Analysis

182.7 Identity Proofing

182.8 Communication Technology

182.9 Recordkeeping and Reporting

182.10 Applications, Registrations and Renewals

182.11 Fees

182.2 Definitions

For purposes of this Part, the following terms have the following meanings:

(a) “Notary Public” or “Notary” means an individual who meets the qualifications set forth in

section 130 of the Executive Law and has been appointed by the secretary of state pursuant to

section 131 of the Executive Law to perform notarial acts in accordance with procedures outlined

in article 6 of the Executive Law and this Part.

(b) “Electronic notary public” or “electronic notary” means a notary public or notary who has

registered with the secretary of state the capability of performing electronic notarial acts in

accordance with section 135-c of the Executive Law and this Part.

including, but not limited to:

(1) administering oaths and affirmations;

(2) taking affidavits and depositions;

(3) receiving and certifying acknowledgments or proof of such written instruments as deeds,

mortgages, powers of attorney and other instruments in writing;

(4) demanding acceptance or payment of foreign and inland bills of exchange, promissory notes

and obligations in writing, and protesting the same for non-acceptance or non-payment, as the case

may require;

(5) preparation of a certificate of authenticity in accordance with paragraph (d) of subdivision six

of section 135-c of the Executive Law or

(6) an electronic notarial act.

(d) “Electronic notarial act” means an official act by a notary public, physically present in the state

of New York, on or involving an electronic record and using communication technology

authorized by this Part.

(e) “Record” means information that is inscribed on a tangible medium or stored in an electronic or

other medium and is retrievable in perceivable form. The term “record” includes an electronic

record.

(f) “Electronic record” means information that is created, generated, sent, communicated, received,

or stored by electronic means.

(g) “Identity verification” means the use of an authentication process by which a notary public

validates the identity of any principal and/or individual present for a notarial act.

(h) “Credential analysis” means a process or service operating according to the standards adopted

in this Part, through which a third-party affirms the validity of government-issued identification

through review of public and proprietary data sources.

(i) “Credential service provider” means a third party trusted entity that issues or registers

subscriber authenticators and issues electronic credentials to subscribers.

(j) “Identity proofing” means a process by which a credential service provider collects, validates,

and verifies information about a person.

(k) “Personal appearance” means presence at a transaction for which a notarial act is required,

either physically or electronically, in a manner that meets all requirements imposed by this Part.

(l) “Communication technology” means an electronic device or process that: (1) allows a notary

public and a remotely located individual to communicate with each other simultaneously by sight

and sound; and (2) when necessary and consistent with other applicable law, facilitates

communication with a remotely located individual who has a vision, hearing, or speech

impairment.

(m) "Electronic signature" has the same meaning set forth in subdivision 3 of section 302 of the

State Technology Law, except that any electronic signature affixed by an electronic notary in the

performance of an electronic notarial act must also meet the additional requirements outlined in

this Part.

(n) “Public key infrastructure” means the architecture, organization, techniques, practices, and

procedures that collectively support the implementation and operation of a certificate-based

asymmetric or public/private key cryptographic system.

(o) “Public/private key or asymmetric cryptographic system” means a system by which two

mathematically linked keys are generated, one a publicly available validation key and the other a

private key that cannot be deduced from the public key.

(p) “Principal” means an individual:

(1) whose signature is reflected on a record that is notarized;

(2) who has taken an oath or affirmation administered by a notary public;

(3) whose signature is reflected on a record that is notarized after the individual has taken an oath

or affirmation administered by a notary public; or

(4) for purposes of this Part, any individual who intends to engage in any of these acts.

182.3 Requirements for Notaries

(a) All notaries public who wish to perform notarial acts in New York State, must:

(1) satisfy the requirements of sections 130 and 131 of the Executive Law;

(2) obtain satisfactory evidence of the identity of any principal or other individual appearing before

the notary in a manner authorized by this Part;

(3) require the personal appearance of all parties to any transaction for which a notarial act is

required for the duration of any such transaction, except acts performed as authorized and in

conformity with this Part and section 135-c of Executive Law unless a law expressly excludes such

authorization;

(4) administer any oath or affirmation as required by the law governing the transaction for which

the notarial act is required and, regardless of the county of qualification, include and affix to each

instrument requiring an oath or affirmation such notary public’s official number;

(5) disqualify themselves from performing notarial acts for transactions in which the notary is a

party or directly and pecuniarily interested in the transaction;

(6) refuse to perform a notarial act when the requirements of this Part are not met, or if the notary

is not satisfied that the official record or the presented record evidences the individual’s capacity to

act as the representative on the record presented for notarization;

(7) maintain records as required by this Part; and

(8) within five days after a change of name, address, or e-mail address, transmit to the secretary of

state a notice of the change, signed with the notary public's official signature.

(b) A notary may refuse to perform a notarial act if the notary public is not satisfied that:

(1) the principal is competent or has the capacity to execute a record; and/or

(2) the principal’s signature is knowingly and voluntarily made.

182.4 Additional Requirements for Electronic Notaries

(a) In addition to the requirements set forth in section 182.3 of this Part, all notaries public who

wish to perform electronic notarial acts in New York State must:

(1) register the capability to notarize electronically with the secretary of state in compliance with

this Part;

(2) use only those vendors or providers who comply with the standards outlined in this Part and

any communication or reporting relating to those standards as required by the secretary of state;

(3) be physically located within the boundaries of New York when performing electronic notarial

acts;

(4) use a network that permits location detection when performing an electronic notarial act,

meaning that no action, process or device shall be used to disguise or hide the actual location from

which the electronic notary is performing the electronic notarial act, and that no function on any

system or device used by an electronic notary that permits location detection shall be disabled or

otherwise interfered with during the performance of an electronic notarial act;

(5) affix a reliable electronic signature to electronic records. An electronic signature is reliable if it

is:

(i) unique to the notary public;

(ii) attached or logically associated with an electronic record by use of a digital certificate that

utilizes public key infrastructure as defined in this Part and is capable of independent verification;

(iii) retained under the notary's sole control; and

(iv) linked to the data in such a manner that any subsequent alterations to the underlying record are

detectable and may invalidate the electronic notarial act;

(6) use their designated electronic signature only for the purpose of performing electronic notarial

acts or as otherwise specified in this Part;

(7) ensure the remote online notarial certificate for an electronic notarial act clearly states that the

person making the acknowledgement or making the oath appeared using communication

technology;

(8) for execution of any instrument in writing, if under applicable law the record may be signed

with an electronic signature, confirm that such instrument is the same instrument in which the

principal made a statement or on which the principal executed a signature;

(9) if the principal is located outside of the United States, verify, through verbal confirmation made

by the principal in the course of the recorded electronic notarial act, that the record or subject of

the notarial act:

(i) is to be filed with or relates to a matter before a public official or court, governmental entity, or

other entity subject to the jurisdiction of the United States; or

(ii) involves property located in the territorial jurisdiction of the United States or involves a

transaction substantially connected with the United States;

(10) In complying with paragraph (8) of subdivision (a) of section 182.3 of this Part ensure that the

notice of change is electronically transmitted to the secretary of state, signed with the notary

public's designated electronic signature;

(11) for any update to the information required to be submitted by a notary public to register the

capability to perform an electronic notarial act, make such update prior to performance of any

electronic notarial act; and

(b) The notary public shall not disclose any access information used to affix the electronic notary’s

signature and seal except when requested by the secretary of state or a designee, or judicial

subpoena, and with reasonable precautions, electronic document preparation and transmission

vendors. Control of security aspects such as but not limited to passwords, token devices,

biometrics, PINS, phrases, software on protected hardware shall remain under the sole control of

the notary public.

182.5 Satisfactory Evidence of Identity

(a) For any individual signing a document who makes a personal appearance before a notary

public, including but not limited to any principal seeking a notarial act, and any witness thereto, the

notary must obtain satisfactory evidence of the identity of each such individual that complies with

the requirements of this Part.

(b) For any individual signing a document who physically appears before a notary public,

satisfactory evidence of identity requires identity verification through:

(1) presentation of the back and front of an identification card issued by a governmental agency

provided the card:

(i) is valid and current;

(ii) contains the photographic image of the bearer;

(iii) has an accurate physical description of the bearer, if applicable; and

(iv) includes the signature of the bearer;

(2) at least two current documents issued by an institution, business entity, or federal or state

government with at least the individual's signature;

(3) attestation by the notary that the individual is personally known to them;

(4) the oath or affirmation of a witness who is personally known to both the individual and notary;

(5) the oath or affirmation of two witnesses who know the individual personally and provide

identification that meets the requirements of paragraph (1) of subdivision (b) of this section.

communication technology, and who is not personally known to the notary public, satisfactory

evidence of identity requires all of the following:

(1) identity verification as outlined in subdivision (b) of this section, utilizing communication

technology that meets the requirements set forth in this Part;

(2) credential analysis that meets the requirements set forth in this Part; and

(3) identity proofing by a third-party service provider that meets the requirements set forth in this

Part.

(d) Provided that all other requirements of this Part are met, attestation by an electronic notary

public that an individual appearing through communication technology is personally known to

them is satisfactory evidence of identity for electronic notarial acts.

182.6 Credential Analysis

Credential analysis must conform to all standards set forth in this section.

(a) Credential analysis must be performed by a third-party service provider who has provided

evidence to the online notary public of the provider’s ability to satisfy the requirements set forth in

this rule.

(b) Credential analysis must utilize public or private data sources to confirm the validity of an

identification credential and must, at a minimum:

(1) use automated software processes to aid the online notary public in verifying the identity of a

remotely located individual;

(2) ensure that the identification credential passes an authenticity test, consistent with sound

commercial practices that:

(i) uses technologies consistent with the requirements of this Part to confirm the integrity of visual,

physical, or cryptographic security features;

(ii) uses technologies consistent with the requirements of this Part to confirm that the identification

credential is not fraudulent or inappropriately modified;

(iii) uses information held or published by the issuing source or an authoritative source, as

available, to confirm the validity of identification credential details; and

(iv) provides output of the authenticity test to the online notary public.

182.7 Identity Proofing

(a) Identity proofing must meet, at minimum, the Identity Assurance Level 2 standard as outlined

in the Digital Identity Guidelines of the National Institute of Standards and Technology, as

referenced in subdivision (b) of this section, or any industry accepted standard that is at least as

secure, or more secure, than that standard.

(b) Incorporation by reference. The Identity Assurance Level 2 standard, as outlined in the Digital

Identity Guidelines of the National Institute of Standards and Technology, United States

Department of Commerce, document SP 800-63-3, Revision 3, dated June 2017 and includes

updates as of 03-02-2020, is hereby incorporated by reference. This publication is available free of

charge from:

https://doi.org/10.6028/NIST.SP.800-63-3

Copies of said publication may be obtained from the publisher at the following address:

National Institute of Standards and Technology

Attn: Applied Cybersecurity Division, Information Technology Laboratory

100 Bureau Drive (Mail Stop 2000) Gaithersburg, MD 20899-2000

Email: [email protected]

Copies of said publication are available for public inspection and copying at the Office of the New

York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany,

NY 12231-0001.

182.8 Communication Technology

(a) The communication technology used to perform electronic notarial acts must:

(1) permit sufficient audio and visual clarity to enable the notary and the person(s) for whom a

notarial act is requested to see and speak to each other simultaneously through live, real-time

transmission throughout the duration of the notarial act, through and including identity verification,

identity proofing, the signature of any parties present during the transaction and the application of

the notary’s signature and seal without interruption;

(2) permit sufficient visual clarity to enable the notary to view, read, and capture the front and back

of any identification card presented as verification of identity;

(3) include a signal transmission secure from interception through lawful means by anyone other

than the parties to the notarial act;

(4) include a process of reproduction that does not permit additions, deletions, or changes without

leaving a record of such additions, deletions, or changes;

(5) provide some manner of ensuring that the electronic record that is presented for electronic

notarization is the same record electronically signed by the principal; and

(6) permit recording and archiving of the audio-video communication session as required by

subdivision (b) of this section.

(b) The electronic notary shall keep a copy of the recording of the video and audio conference that

includes at minimum:

(1) the complete notarial act, including the verification required by paragraph 9 of subdivision (a)

of section 182.4 of this Part;

(2) any signatures required for completion of the notarial act; and

(3) a verbal description of the type of identification used.

The recording shall not include the discussion or display of any personally identifiable information

not subject to recordkeeping requirements set forth in section 182.9 of this Part, and must be

maintained for a period of at least ten years from the date of transaction.

182.9 Recordkeeping and Reporting

(a) In addition to any required video and audio conference recording, all notaries public must

maintain records sufficient to document compliance with the requirements of sections 130 and

135-c of the Executive Law and the duties and responsibilities of a notary public and/or electronic

notary public as outlined in this Part. Record storage may be made through a third party if

safeguarded through a password or other secure means of authentication or access. Such records

shall be made contemporaneously with the performance of the notarial act and must include:

(1) the date, approximate time, and type of notarial acts performed;

(2) the name and address of any individuals for whom a notarial act was performed;

(3) the number and type of notarial services provided;

(4) the type of credential used to identify the principal, including, for verification made in

accordance with paragraphs (4) or (5) of subdivision (b) of section 182.5, the names of the

witnesses and, if applicable, the type of credential used;

(5) the verification procedures used for any personal appearance before the notary public; and

(6) for electronic notarial acts, identification of the communication technology and, if not included

as part of the communication technology used by the electronic notary, the certification authority

and verification providers used.

(b) Any records maintained by a notary public pursuant to this Part must be retained by the notary

public for at least ten years.

to the secretary of state and others as necessary in relation to the performance of the notary

public’s obligations pursuant to the Executive Law and this Part.

182.10 Applications, Registrations and Renewals

(a) Prior to performing any notarial acts, a notary public must be appointed and commissioned by

the secretary of state for a four-year term in accordance with the requirements and procedures set

forth in Executive Law sections 130 and 131 and must provide all information required by the

application form prescribed by the secretary of state.

(b) No commissioned notary public may perform electronic notarial acts until they have registered

the capability to notarize electronically on a form prescribed the secretary of state, including, in

addition to any other information prescribed by the secretary of state, the following information:

(1) the notary’s name as currently commissioned and complete mailing address:

(2) the expiration date of the notary’s commission and signature of the commissioned notary;

(3) the notary’s email address;

(4) the description of the electronic technology or technologies to be used in attaching the notary’s

electronic signature to the electronic record, which may be effectuated by registration of vendor

account information from a vendor who meets the requirements of this Part, in the manner required

by the department of state;

(5) an exemplar of the notary’s electronic signature, which shall be provided through and in the

manner required by the department of state’s registration system using the notary’s selected

signature vendor and shall contain the notary’s name and any necessary instructions,

authorizations, or techniques that allow the notary’s electronic signature to be read and verified.

provided that the notary public continues to meet the requirements set forth in sections 130 and 131

of the Executive Law and this Part.

(d) When any notary public who has registered to perform electronic notarial acts applies for

reappointment, the electronic notary public must provide verification of the accuracy of all

information on file with the secretary of state and affirm that such notary public is otherwise in

compliance with all requirements of this Part.

(e) Any notary public who has failed to comply with any of the requirements of this Part relating to

notarial or electronic notarial acts shall not be eligible for reappointment.

(f) All applications for appointment and reappointment of notaries public, and all registrations of

capability to perform electronic notarial acts, shall be in the form and manner prescribed by the

secretary of state and provided through the department of state’s division of licensing.

182.11 Fees

(a) Applicants for a notary public commission must submit a non-refundable application fee of

sixty dollars, which fee shall be used and distributed in accordance with section 131 of the

Executive Law.

(b) Registrants for electronic notarial acts must submit a non-refundable registration fee of sixty

dollars to the secretary of state with their registration.

fee of sixty dollars, which fee shall be used and distributed in accordance with section 131 of the

Executive Law.

(d) Notary Public applicants who must take a written exam must submit a fee of fifteen dollars for

each examination taken, payable on the date of the examination.

(e) The fee for change requests and Duplicate License/Registration Requests shall be ten dollars,

payable to the secretary of state at the time of submission of the request.

(f) A notary public shall be entitled to a fee for notarial acts as set forth in section 136 of the

Executive Law.

(g) An electronic notary public shall be entitled to a fee of twenty-five dollars for each electronic

notarial act performed, which shall be inclusive of all costs incurred by the notary public.

(h) All application, renewal, and registration fees required to be paid pursuant to this section shall

be transmitted in a manner prescribed by the secretary of state.