§ 135-c. Electronic notarization. 1. Definitions. (a) "Communication\ntechnology" means an electronic device or process that: (i) allows a\nnotary public and a remotely located individual to communicate with each\nother simultaneously by sight and sound; and (ii) when necessary and\nconsistent with other applicable law, facilitates communication with a\nremotely located individual who has a vision, hearing, or speech\nimpairment.\n (b) "Electronic" shall have the same meaning as set forth in\nsubdivision one of section three hundred two of the state technology\nlaw.\n (c) "Electronic record" means information that is created, generated,\nsent, communicated, received or stored by electronic means.\n (d) "Electronic notarial act" means an official act by a notary\npublic, physically present in the state of New York, on or involving an\nelectronic record and using means authorized by the secretary of state.\n (e) "Electronic notary public" or "electronic notary" means a notary\npublic who has registered with the secretary of state the capability of\nperforming electronic notarial acts.\n (f) "Electronic signature" shall have the same meaning as set forth in\nsubdivision three of section three hundred two of the state technology\nlaw.\n (g) "Principal" means an individual:\n (i) whose signature is reflected on a record that is notarized;\n (ii) who has taken an oath or affirmation administered by a notary\npublic; or\n (iii) whose signature is reflected on a record that is notarized after\nthe individual has taken an oath or affirmation administered by a notary\npublic.\n (h) "Record" means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n 2. Any notary public qualified under this article is hereby authorized\nto perform an electronic notarial act by utilizing audio-video\ncommunication technology that allows the notary public to interact with\na principal, provided that all conditions of this section are met.\n (a) The methods for identifying document signers for an electronic\nnotarization shall be the same as the methods required for a paper-based\nnotarization; provided, however, an electronic notarial act conducted\nutilizing communication technology shall meet the standards which have\nbeen approved through regulation by the secretary of state as\nacceptable. Such regulations shall include, but not be limited to:\n (i) that the signal transmission shall be secure from interception\nthrough lawful means by anyone other than the persons communicating;\n (ii) that the communication technology shall permit the notary public\nto communicate with the principal live, in real time;\n (iii) that the communication technology shall permit the notary to\ncommunicate with and identify the remotely located individual at the\ntime of the notarial act; and\n (iv) a standard that requires two or more different processes for\nauthenticating the identity of a remotely located individual utilizing\ntechnology to detect and deter fraud, but which may allow a notary\npublic's personal knowledge of a document signer to satisfy such\nrequirement.\n (b) If video and audio conference technology has been used to\nascertain a document signer's identity, the electronic notary shall keep\na copy of the recording of the video and audio conference and a notation\nof the type of any other identification used. The recording shall be\nmaintained for a period of at least ten years from the date of\ntransaction.\n 3. Registration requirements. (a) Before performing any electronic\nnotarial act or acts, a notary public shall register the capability to\nnotarize electronically with the secretary of state on a form prescribed\nby the secretary of state and upon payment of a fee which shall be set\nby regulation.\n (b) In registering the capability to perform electronic notarial acts,\nthe notary public shall provide the following information to the\ns
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