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New York Governor Andrew Cuomo Signs Executive Order Permitting Remote Notarization of Legal Documents During COVID-19 Pandemic
Practical Law Legal Update w-024-6081 (Approx. 4 pages)
New York Governor Andrew Cuomo Signs Executive Order Permitting Remote Notarization of Legal Documents During COVID-19 Pandemic
by Practical Law Trusts & Estates
| Published on 23 Mar 2020 • New York, USA (National/Federal) |
New York Governor Andrew Cuomo signed an executive order on Thursday March 19, 2020 that permits legal documents to be notarized remotely via audio-visual conference during the COVID-19 pandemic.
On Thursday March 19, 2020, New York Governor Andrew Cuomo signed an executive order related to the COVID-19 pandemic called the Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. The executive order allows, among other things, remote notarization of legal documents by audio-visual conference. Historically, New York state has only permitted in-person notarizations for legal documents.
This order was necessary for individuals to be able to execute certain legal documents, including estate planning documents, that require a notary, while practicing the social distancing necessary to help mitigate the spread of COVID-19.
To have a document electronically notarized using audio-video technology, certain steps must be taken, including:
- The person seeking the notary's services, if not personally known to the notary, must present valid photo ID to the notary during the video-conference.
- The video-conference must allow for direct interaction between the person and the notary, which means the video-conference must be live. No pre-recorded videos of the person signing are permitted.
- The person must affirmatively represent that the person is physically present in the State of New York.
- The person must fax or transmit by other electronic means a legible copy of the signed document directly to the notary on the same date it was signed.
- The notary may notarize the transmitted copy of the document and send the notarized document back to the person.
- The notary may repeat the notarization of the original signed document as of the date of execution if the notary receives the original signed document together with the electronically notarized copy within thirty days after the date of execution.
For additional information regarding the execution requirements for:
- Revocable trust instruments, see Practice Note, Understanding Revocable Trusts (NY): Formalities for Creating a Revocable Trust.
- Powers of attorney, see Practice Note, Understanding Powers of Attorney (NY): Execution Requirements.
- Advance Health Care Directives, see Practice Notes, Understanding Health Care Proxies (NY): Execution Requirements and Understanding Living Wills (NY): Execution Requirements.