New York (NY)
Remote Online Notaries Professional Liability Insurance in New York
New York's Remote Online Notarization (RON) framework is governed by Executive Law § 135-c, which allows commissioned notaries to register as 'Electronic Notaries' to perform acts using communication technology. NY requires notaries to verify identity through a combination of credential analysis and KBA, or through personal knowledge, while maintaining a strict 10-year retention policy for audiovisual recordings. Because of the technical complexity and data security requirements under NY law, most New York Electronic Notaries carry specialized Errors and Omissions insurance to protect against claims arising from digital errors or storage failures.
Remote Online Notaries in New York at a glance
- Statutory Citation
- NY Executive Law § 135-c
- Identity Proofing
- Credential Analysis & KBA
- Recording Retention
- 10 years
- Authority
- NY Department of State, Division of Licensing Services
Defines the authority and requirements for electronic notarization in New York.
Requires automated ID check and knowledge-based questions.
Applies to the audiovisual recording of the entire notarial session.
Handles Electronic Notary registration and oversight.
NY Electronic Notary Registration and ID Proofing
To perform RON in New York, a notary must first register with the Department of State as an Electronic Notary. The law requires that the notary and the remotely located individual be able to communicate in real-time through audio-video technology that meets specific security standards set by the Secretary of State.
Identity verification must be performed using 'identity proofing' and 'credential analysis.' New York regulations specify that the identity proofing must include a set of questions (KBA) that the principal must answer within a specific timeframe, and the credential analysis must use automated techniques to verify the authenticity of a government-issued photo ID.
NY 10-Year Recording and Journal Rules
New York Electronic Notaries are required to maintain an audiovisual recording of every remote notarial act for at least ten years. In addition to the recording, the notary must also maintain an electronic journal of all electronic notarial acts, which must be stored securely and be capable of being produced upon request by the Secretary of State.
The storage of these recordings and journals often relies on third-party RON platforms. However, the legal responsibility for the retention remains with the notary, which creates a significant long-term liability that many New York notaries mitigate through professional liability insurance.
Risk Management for NY Electronic Notaries
The transition to electronic notarization in New York introduces risks like identity theft via 'deepfakes' or cyberattacks on stored records. NY notaries should ensure their insurance policies cover 'electronic notarial acts,' as some older E&O policies may only cover traditional paper-based notarizations.
Furthermore, because New York requires Electronic Notaries to be physically located within the state at the time of the act (even if the signer is elsewhere), failing to adhere to this jurisdictional requirement can lead to a voided act and potential lawsuits, making robust E&O coverage essential.
Remote Online Notaries FAQs for New York
General guidance, not legal advice. Confirm current rules with the New York State Department of Financial Services or talk with a licensed US Professional Insure agent.