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Assembly Bill A7549

2021-2022 Legislative Session

Provides for the remote notarization of documents

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Archive: Last Bill Status - In Assembly Committee

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2021-A7549 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §135-c, Exec L

2021-A7549 (ACTIVE) - Summary

Provides for the remote notarization of documents; authorizes notarization using audio-video technology providing certain conditions are met.

2021-A7549 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7549
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in  relation  to  providing  for  the
   remote notarization of documents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section  135-c
 to read as follows:
   § 135-C. NOTARY SERVICES PROVIDED UTILIZING AUDIO-VIDEO TECHNOLOGY. 1.
 ANY NOTARIAL ACT THAT IS REQUIRED UNDER NEW YORK STATE LAW IS AUTHORIZED
 TO  BE  PERFORMED  UTILIZING  AUDIO-VIDEO  TECHNOLOGY  PROVIDED THAT THE
 FOLLOWING CONDITIONS ARE MET:
   (A) THE PERSON SEEKING THE NOTARY PUBLIC'S SERVICES, IF NOT PERSONALLY
 KNOWN TO THE NOTARY, SHALL PRESENT VALID PHOTO  IDENTIFICATION  TO  SUCH
 NOTARY  PUBLIC  DURING  THE  AUDIO-VIDEO CONFERENCE AND SHALL NOT MERELY
 TRANSMIT IT PRIOR TO OR AFTER SUCH VIDEO CONFERENCE;
   (B) THE AUDIO-VIDEO CONFERENCE  SHALL  ALLOW  FOR  DIRECT  INTERACTION
 BETWEEN THE PERSON RECEIVING NOTARY SERVICES AND THE NOTARY PUBLIC (E.G.
 NO PRE-RECORDED VIDEOS OF THE PERSON SIGNING);
   (C) THE PERSON RECEIVING NOTARY SERVICES SHALL AFFIRMATIVELY REPRESENT
 THAT HE OR SHE IS PHYSICALLY SITUATED IN THE STATE OF NEW YORK;
   (D)  THE  PERSON  RECEIVING  NOTARY  SERVICES SHALL TRANSMIT BY FAX OR
 ELECTRONIC MEANS A LEGIBLE COPY OF THE DOCUMENT SIGNED DURING THE  AUDI-
 O-VISUAL  CONFERENCE  DIRECTLY  TO THE NOTARY ON THE SAME DATE THAT SUCH
 DOCUMENT WAS SIGNED; AND
   (E) THE NOTARY SHALL NOTARIZE THE TRANSMITTED COPY  OF  SUCH  DOCUMENT
 AND TRANSMIT THE SAME BACK TO THE PERSON RECEIVING NOTARY SERVICES.
   2.  THE  NOTARY  PUBLIC  MAY  REPEAT  THE NOTARIZATION OF THE ORIGINAL
 SIGNED DOCUMENT AS OF THE DATE OF EXECUTION PROVIDED THE  NOTARY  PUBLIC
 RECEIVES  SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY
 NOTARIZED COPY WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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