COVID-19 Update: New York Permits “Virtual” Notarization Due to Coronavirus

On March 19, 2020, Governor Andrew Cuomo issued an executive order permitting documents to be notarized utilizing audio-video technology through April 18, 2020.  Pursuant to the executive order, any notarial act required under New York State law is authorized to be performed remotely pursuant to the following guidelines:

• The signatory must present valid photo ID to the notary during the videoconference (if the person is not personally known to the notary).
• The videoconference must allow for direct interaction (i.e. no prerecorded videos).
• The signatory must affirmatively represent that he or she is physically in New York.
• The signatory must transmit by fax or electronic means a copy of the signed document to the notary on the same date it was signed.
• The notary may notarize the transmitted copy and transmit the same back to the signatory.
• The notary may repeat the notarization of the original signed document as of the date of execution, provided the notary receives such original signed document together with the electronically notarized copy within 30 days after the date of execution (note that the notary does not have to receive the original document; this provision applies only if the notary needs to notarize the original document at some point, and if so, the notary can backdate such notarization to match the virtual notarization, per this provision).

Other states have previously permitted, and more may implement going forward, similar types of virtual notarization. A list of the states that permit remote notarization as of January 2020 can be found here. 

This remains a dynamic and evolving topic subject to update. For example, we expect the New York State Attorney General’s office to release guidelines on the executive order in the near term.