New York Notary Public Questions of Concern for Updated RON Regulations 

As the development of the new Remote Online Notarization regulations continue to be defined, it is in the best interest of all Notaries in New York to share questions and areas of concern for the future. New York Notary Alliance has outlined nine areas of interest that will have an impact on how Notaries conduct their duties. The following topics are areas of interest that will be presented to the New York Secretary of State for consideration while they define the new regulations. Your signature on this petition will help to demonstrate the impact of these new RON regulations on your livelihood.   

1.      Credible Witnesses:  

Who can be a credible witness- a family member, friend, colleague?  

Please advise as to the acknowledgment that should be utilized when a credible witness is used. Can we use the current acknowledgement and notate use of credible witness? Or should it be changed to one of the examples below? 

State of ____________ County of ________ This instrument was acknowledged before me on _____(date) by _________(name of person), who personally appeared before me and whose identity I verified upon the oath of _______________ (credible witness), a credible witness personally known to me and to the person who acknowledged this instrument before me. 

 

State of __________ County of ________ On this ______day of _______, in the year of 20 ____, before me _______(notary’s name), personally appeared _________, known or identified to me (or proved to me on the oath of __________), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. 

2.      Fees: 

Most platforms charge not only a monthly fee, but a per notarization fee. Some charge per notarization and add additional fees for the third-party authentication, journal and retaining of the video, etc. An average cost of just the one notarization beyond the monthly fee is $10. If all a notary can charge is $5, they will always be operating at loss. The majority of states have a minimum charge of $25 per notarization. We respectfully request that you reconsider the fee of $5 to either be increased to $25 or you allow a notary to add on additional fees for the services beyond just the notarization. To avoid any confusion or potential class action lawsuits down the road, it would be helpful to state specifically if a notary can charge additional fees to help offset the technology costs. 

3.      Journal: 

Can the journal be electronic or paper? 

After the mandatory hold period has expired, how should the journal be disposed of? 

Upon death of a notary, as the statute is written, the journals must be held an additional five years. Who is to hold them – the secretary of state? 

We respectfully request that the period of time to retain a journal coincides with the length of time to hold a recording (10 years) for purposes of continuity. If a full-time notary is commissioned for twenty years, they could accumulate hundreds of journals and to house, and maintain, either a paper or electronic journal would be cumbersome and costly. 

4.      Certificate of Authenticity: 

Can a notary charge for this service? 

5.      Venue: 

Please confirm the venue is where the notary is located and not the location of principal/signatory.  

6.      Date:

Please confirm the date of the notarization is the calendar date where the notary is located and not the signer, should they be in a different time zone or country.

7.      Audio Video Recording: 

In every other state, besides Florida, the only portion that needs to be recorded is the actual notarization itself, and not the entire session. Please confirm that is the case here as well. Please keep in mind that the cost of housing a full session recording increases exponentially and should also be considered when determining the fees for services.  

8.      Security: 

Is it required that the notary use a digital certificate? 

9.      Location of Notary

We ask that you reconsider the requirement that the notary must be in New York at the time of notarization. As I’m sure you are aware, many New Yorker’s head to warmer climates during the winter months. There are New York notaries who don’t live in New York but do have a place of business here and many with the ability to work remotely who would be at a disadvantage if they had to be physically within the state while completing a remote notarization. What a wonderful opportunity if New York notaries could conduct business from any location and continue to assist their customers without interruption. 

10. Choose the Platform

We would ask that the notary be allowed to choose the platform they wish to utilize if the platform meets the requirements set forth by the Division Of Licensing. Every notary has a different business model, and they should be allowed to use the technology best suited to their needs, as well as what they consider to be affordable. It would be difficult to begin utilizing a platform now and then must move to another if that platform isn't approved. They may have to break a contract, take their journal and videos with them and incur additional costs. Allowing multiple platforms gives greater freedom to the notary to better serve the consumer.

Please join us as we seek further clarification and input into these area of concern for New York Notaries. We look forward to advocating for clarity about how RON moves forward. Your signature on this petition, allows us to present our concerns as a united front. 

Thank you for your time and concern. Together we can make a difference.  

Sincerely yours,

Marcy Tiberio

President and Founder 

New York Notary Alliance