![]() Prerecorded videos of the act of signing are prohibited. Order 202.7, the notary may use audio-video conferencing to allow for real-time direct interaction between notary and signer. ![]() ![]() The proposal in the original draft of S.2508 (the "Proposal") preserves many of the logistical features found in the temporary Executive Order of March 2020, while adding certain significant obligations. This is an opportunity for practitioners to glimpse where the Legislature is heading, and for lawmakers to evaluate the features that should be in any notary procedure reformation. The portion of the draft bill pertaining to notaries was excised before passage. On April 19, 2021, Governor Cuomo signed an amended version of S.2508, which, as amended, did not make any changes to the notary laws. The proposal set forth a complete program as well as strict-perhaps too strict-technological and recordkeeping requirements. In January of this year, certain New York legislators tried to add a permanent remote notary authorization to the state's omnibus Budget Bill. Given that inevitable tendency, we recommended that New York consider joining the growing handful of states allowing remote notarization as a permanent feature. In a cluster of articles explaining the emergency order, we argued that the dramatic changes to the laws of notarization were "eminently sensible." We also noted that the business community would not want to go back to the earlier "physical presence required" rules. Andrew Cuomo issued Executive Order 202.7 on Mathat, on a temporary basis, waived the rule that the signer had to personally appear before the notary. Pivoting swiftly to accommodate an altered reality, Gov. At the beginning of the pandemic, with most business suddenly conducted from kitchens, bedrooms, and basements, notaries likewise were homebound. Just over a year ago, these authors published a series of articles reporting on New York State's temporary adoption of rules permitting notary publics to witness signatures remotely through audiovisual technological means.
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