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New York · Executive Law §135-cNew York remote online notarization: registration, identity checks and the ten-year recording

A New York notary must register the capability to notarize electronically with the Secretary of State before performing electronic notarial acts (Exec. Law §135-c(3)). An electronic notarial act is one by a notary physically present in New York (§135-c(1)), and using communication technology the notary may notarize for a principal regardless of where the signer is, if the notary can reasonably confirm the instrument is the one the principal signed; for a principal outside the United States, the record must relate to a matter before a U.S. court or government entity, or to property or a transaction in or substantially connected with the United States (§135-c). Identification follows the paper rules, and the Secretary of State's standards include two or more different processes for authenticating a remote signer's identity, though personal knowledge may suffice (§135-c(2)(a)). The notary keeps the video and audio recording for at least ten years (§135-c(2)(b)), and an act performed this way satisfies any New York requirement that a signer personally appear before a notary.

The rules

  1. 1. Registration (§135-c(3))

    With the Secretary of State before the first electronic act.

  2. 2. Where

    Notary in New York; signer anywhere, with conditions abroad.

  3. 3. Identity (§135-c(2)(a))

    Two or more authentication processes, or personal knowledge.

  4. 4. Recording (§135-c(2)(b))

    Kept at least ten years.

What the TC can do

  • Ask the closing attorney, title company and lender whether they accept remote notarization for this closing.
  • Confirm the notary is registered as an electronic notary and will be in New York for the session.
  • Tell a remote signer to expect two identity checks.

Questions about New York remote notarization

Can a New York notary notarize for a seller living in another state?

Yes – the electronic notary must be in New York, but the signer can be anywhere; outside the United States the record must involve U.S. property, a U.S. matter or a transaction connected with the U.S. (Exec. Law §135-c).

How long does a New York electronic notary keep the recording?

At least ten years from the date of the transaction (§135-c(2)(b)).

Add a task in ClosingCode to confirm remote notarization with the closing attorney and lender, with an owner and a due date.

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Source: New York Executive Law §135-c (nysenate.gov, read October 26, 2026).

General information, not legal advice. The lender, title company and county clerk decide whether they accept a remote notarization. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.