Testimony in debt collection actions may be made verbally or in writing by way of an affidavit, a sworn statement, or affirmation. In the past, affidavits for debt collection purposes typically required traveling to a notary, however, virtual notary services now remove the need to leave your home.
Remote Notarization in New York began early in the pandemic following an emergency executive order from former Governor Andrew Cuomo. Virtual notary services ended but are now returning pursuant to Senate Bill 1780C signed by Governor Kathy Hochul, making remote notarization permanent.
How Virtual Notary Services Work
Previously, notarization needed to occur in person before a notary public. Normally the signer would present their identification to the notary, and then sign the document before the notary, who then administers the notary signature and stamp.
Now, pursuant to Senate Bill 1780C, also known as the Remote Online Notarization law, starting June 2022, notarization may be done through video conference. However, there are a few requirements that have been added in order to notarize a signature over video.
Pursuant to the new law, there will be new regulations and standards for electronic notary providers that will have to be implemented before remote notarizations can commence. Any licensed notary that wants to provide remote notarizations must register with the Division of Licensing. The notary must register an electronic signature with the Division of Licensing and the name of the program used to create the electronic signature. These registrations are not online yet but the presumption is that they will be once the new law takes effect.
If video technology is used to ascertain the signer’s identity, the notary is required to keep a copy of the recording of the video and the type of identity used for 10 years from the date of the transaction. If the Notary provides a remote notarization, then the notary must use the electronic signature that is on file with the Division of Licensing. A hand-written notary signature will not be acceptable.
A remote online notarial certificate must be generated that states that the person performing the notary appeared remotely online. The notary must be physically present in the state of New York when the notary is administered. There are no requirements about where the signer must be located. This is different than the remote notarization requirements under the emergency executive order in that the signer was required to be located in New York State when they signed a document remotely.
Finally, the law states that businesses may not be permitted to require that all notaries be administered online but instead may only offer it as an option.
Presumably, once the law takes effect, all licensed notaries will be able to register online as well as register an electronic signature with the Division of Licensing.
If you have a debt collection matter that you need assistance with, contact Frank, Frank, Goldstein and Nager.
