§ 135-c. Electronic notarization. 1. Definitions. (a) "Communication
technology" means an electronic device or process that: (i) allows a
notary public and a remotely located individual to communicate with each
other simultaneously by sight and sound; and (ii) when necessary and
consistent with other applicable law, facilitates communication with a
remotely located individual who has a vision, hearing, or speech
impairment.

(b) "Electronic" shall have the same meaning as set forth in
subdivision one of section three hundred two of the state technology
law.

(c) "Electronic record" means information that is created, generated,
sent, communicated, received or stored by electronic means.

(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 means authorized by the secretary of state.

(e) "Electronic notary public" or "electronic notary" means a notary
public who has registered with the secretary of state the capability of
performing electronic notarial acts.

(f) "Electronic signature" shall have the same meaning as set forth in
subdivision three of section three hundred two of the state technology
law.

(g) "Principal" means an individual:

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

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

(iii) whose signature is reflected on a record that is notarized after
the individual has taken an oath or affirmation administered by a notary
public.

(h) "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.

2. Any notary public qualified under this article is hereby authorized
to perform an electronic notarial act by utilizing audio-video
communication technology that allows the notary public to interact with
a principal, provided that all conditions of this section are met.

(a) The methods for identifying document signers for an electronic
notarization shall be the same as the methods required for a paper-based
notarization; provided, however, an electronic notarial act conducted
utilizing communication technology shall meet the standards which have
been approved through regulation by the secretary of state as
acceptable. Such regulations shall include, but not be limited to:

(i) that the signal transmission shall be secure from interception
through lawful means by anyone other than the persons communicating;

(ii) that the communication technology shall permit the notary public
to communicate with the principal live, in real time;

(iii) that the communication technology shall permit the notary to
communicate with and identify the remotely located individual at the
time of the notarial act; and

(iv) a standard that requires two or more different processes for
authenticating the identity of a remotely located individual utilizing
technology to detect and deter fraud, but which may allow a notary
public's personal knowledge of a document signer to satisfy such
requirement.

(b) If video and audio conference technology has been used to
ascertain a document signer's identity, the electronic notary shall keep
a copy of the recording of the video and audio conference and a notation
of the type of any other identification used. The recording shall be
maintained for a period of at least ten years from the date of
transaction.

3. Registration requirements. (a) Before performing any electronic
notarial act or acts, a notary public shall register the capability to
notarize electronically with the secretary of state on a form prescribed
by the secretary of state and upon payment of a fee which shall be set
by regulation.

(b) In registering the capability to perform electronic notarial acts,
the notary public shall provide the following information to the
secretary of state, notary processing unit:

(i) the applicant's name as currently commissioned and complete
mailing address;

(ii) the expiration date of the notary public's commission and
signature of the commissioned notary public;

(iii) the applicant's e-mail address;

(iv) the description of the electronic technology or technologies to
be used in attaching the notary public's electronic signature to the
electronic record; and

(v) an exemplar of the notary public's electronic signature, which
shall contain the notary public's name and any necessary instructions or
techniques that allow the notary public's electronic signature to be
read.

4. Types of electronic notarial acts. (a) Any notarial act authorized
by section one hundred thirty-five of this article may be performed
electronically as prescribed by this section if: (i) for execution of
any instrument in writing, under applicable law that document may be
signed with an electronic signature and the notary public is reasonably
able to confirm that such instrument is the same instrument in which the
principal made a statement or on which the principal executed a
signature; and (ii) the electronic notary public is located within the
state of New York at the time of the performance of an electronic
notarial act using communication technology, regardless of the location
of the document signer. If the principal is outside the United States,
the record or subject of the notarial act:

(1) 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

(2) shall involve property located in the territorial jurisdiction of
the United States or shall involve a transaction substantially connected
with the United States.

(b) An electronic notarial act performed using communication
technology pursuant to this section satisfies any requirement of law of
this state that a document signer personally appear before, be in the
presence of, or be in a single time and place with a notary public at
the time of the performance of the notarial act.

5. Form and manner of performing the electronic notarial act. (a) When
performing an electronic notarial act relating to execution of
instruments in writing, a notary public shall apply an electronic
signature, which shall be attached to the electronic record such that
removal or alteration of such electronic signature is detectable and
will render evidence of alteration of the document containing the notary
signature which may invalidate the electronic notarial act.

(b) The notary public's electronic signature is deemed to be reliable
if the standards which have been approved through regulation by the
secretary of state have been met. Such regulations shall include, but
not be limited to, the requirements that such electronic signature be:

(i) unique to the notary public;

(ii) capable of independent verification;

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

(iv) attached to the electronic record; and

(v) linked to the data in such a manner that any subsequent
alterations to the underlying document are detectable and may invalidate
the electronic notarial act.

(c) The notary public's electronic signature shall be used only for
the purpose of performing electronic notarial acts.

(d) The remote online notarial certificate for an electronic notarial
act shall state that the person making the acknowledgement or making the
oath appeared through use of communication technology.

(e) The secretary shall adopt rules necessary to establish standards,
procedures, practices, forms, and records relating to a notary public's
electronic signature. The notary public's electronic signature shall
conform to any standards adopted by the secretary.

6. Recording of an electronic record. (a) If otherwise required by law
as a condition for recording that a document be an original document,
printed on paper or another tangible medium, or be in writing, the
requirement is satisfied by paper copy of an electronic record that
complies with the requirements of this section.

(b) If otherwise required by law as a condition for recording, that a
document be signed, the requirement may be satisfied by an electronic
signature.

(c) A requirement that a document or a signature associated with a
document be notarized, acknowledged, verified, witnessed, or made under
oath is satisfied if the electronic signature of the person authorized
to perform that act, and all other information required to be included,
is attached to or logically associated with the document or signature. A
physical or electronic image of a stamp, impression, or seal need not
accompany an electronic signature if the notary has attached an
electronic notarial certificate that meets the requirements of this
section.

(d) (i) A notary public may certify that a tangible copy of the
signature page and document type of an electronic record notarized by
such notary public is an accurate copy of such electronic record. Such
certification must (1) be dated and signed by the notary public in the
same manner as the official signature of the notary public provided to
the secretary of state pursuant to section one hundred thirty-one of
this article, and (2) comply with section one hundred thirty-seven of
this article.

(ii) A county clerk, city registrar, or other recording officer where
applicable shall accept for recording a tangible copy of an electronic
record and that is otherwise eligible to be recorded under the laws of
this state if the record has been certified by a notary public or other
individual authorized to perform a notarial act.

(iii) A certification in substantially the following form is
sufficient for the purposes of this subdivision:
CERTIFICATE OF AUTHENTICITY
State of New York )

) ss.:
County of ...............)
On this ...... day of ...... in the year ....., I certify that the
signature page of the attached record (entitled ......) (dated ......)
is a true and correct copy of the signatures affixed to an electronic
record printed by me or under my supervision. I further certify that, at
the time of printing, no security features present on the electronic
record indicated any changes or errors in an electronic signature in the
electronic record after its creation or execution.

(Signature and title of notary public)

(official stamp or registration number, with the expiration
date of the notary public's commission)

7. Change of e-mail address. Within five days after the change of an
electronic notary public's e-mail address, the notary public shall
electronically transmit to the secretary of state a notice of the
change, signed with the notary public's official electronic signature.

8. No notary public or business employing the services of a notary
public operating in the state of New York shall exclusively require
notarial transactions to utilize electronic notarization.

9. Nothing in this section shall be construed as requiring any notary
public to perform a notarial act using electronic communication
technology. A notary public may refuse to perform such a notarial act if
the notary public is not satisfied that (a) the principal is competent
or has the capacity to execute a record, or (b) the principal's
signature is knowingly and voluntarily made.

10. Notwithstanding article nine of the real property law or any other
law to the contrary, any act performed in conformity with this section
shall satisfy any requirements at law that a principal personally appear
before, be in the presence of, or be in a single time and place with a
notary public at the time of the performance of the notarial act, unless
a law expressly excludes the authorization provided for in this section.