Amid the current pandemic, states are modifying their rules to better adjust to the temporary work-from-home standard. Per an order dated May 28, 2020, the utilization of audio-visual technology for notarization and witnessing is allowed until June 27, 2020. This order is similar to the March 19, 2020 order, which includes the following conditions:
- “The person seeking the Notary’s services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;
- The video conference must allow for direct interaction between the person and the Notary (e.g., no pre-recorded videos of the person signing);
- The person must affirmatively represent that he or she is physically situated in the State of New York;
- The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
- The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
- The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.”
Congruently, by an order dated April 7, 2020, Gov. Cuomo relaxed New York’s obligation for witnessing the execution of trusts, wills, and powers of attorney that encompass health care proxies, statutory gift riders, and statutory appointments of agents to control disposition of remains under specific regulations to allow the utilization of audio-video technology through May 7, 2020, as long as they meet the following requirements:
- “The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;
- The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
- The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
- The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
- The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.”
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