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Author: Scarinci Hollenbeck, LLC
Date: April 30, 2020
The Firm
201-896-4100 info@sh-law.comMandatory business closures and social distancing requirements have made it difficult to conduct certain business transactions, including those that require documents to be notarized. To help ensure that business can proceed, both New York and New Jersey have authorized notaries to perform services remotely.
Assembly Bill 3903, which was signed into law by Gov. Phil Murphy on April 14, 2020, temporarily authorizes New Jersey notaries and notarial officers to perform notarial acts for remotely located individuals during the public health emergency and state of emergency declared by Gov. Phil Murphy in Executive Order 103. The bill took effect immediately and will expire upon the rescission of Executive Order No. 103 by the Governor.
Under AB 3903, a New Jersey notary may perform notarial acts using communication technology for a remotely located individual if the following requirements are satisfied:
Verification of an Individual’s Identity
Authentication of Documents
Authentication of Notarization
There are additional requirements for individuals located outside the United States:
Not all documents may be remotely notarized. The new law expressly does not apply to records governed by the Uniform Commercial Code, other than N.J.S.12A:1-107, N.J.S.12A:1-206, the provisions of the “Uniform Commercial Code – Sales,” chapter 2 of Title 12A of the New Jersey Statutes, and the provisions of the “Uniform Commercial Code – Leases,” chapter 2A of Title 12A of the New Jersey Statutes; or a statute, regulation or other rule of law governing adoption, divorce or other matters of family law.
On March 18, New York Governor Andrew Cuomo signed an Executive Order authorizing notary publics to officiate documents remotely. Under Executive Order No. 202.7, 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:
In subsequent guidance, the New York Department of State advised that notary publics using audio-video technology must continue to follow existing requirements for notarizations that were unaltered by the Executive Order, including, but is not limited to, placing the notary’s expiration date and county where the notary is commissioned upon the document. The guidance also states that the notary must print and sign the document, in ink, and may not use an electronic signature to officiate the document. However, the signatory may use an electronic signature, provided the document can be signed electronically under the Electronic Signatures and Records Act. If the signer uses an electronic signature, the notary must witness the electronic signature being applied to the document, as required under Executive Order 202.7.
The Department of State also recommended two best practices, with the caveat that not following them will not invalidate the act or be cause for discipline. It recommends that the notary keep a notary log of each remote notarization; and indicate on the document that the notarization was made pursuant to Executive Order 202.7.
If you have any questions or if you would like to discuss the matter further, please contact the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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