MY EXPERIENCE WITH VIDEO NOTARIZATION

As you know,  as part of Executive Order 202.7, electronic notarization is permitted under the following circumstances and now expires May 7,2020:



"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:

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."


Recently, I had my signature notarized by an attorney for a notary renewal, the attorney being someone I have known for quite some time, and we discovered the following “pitfalls” in video notarization:



1. It takes a lot of time. We knew each other but it takes time to scan the documents and ID, receive it, send back, etc. If we were not chatting it up, it would probably have been, under the best circumstances, at least 15 minutes. Perhaps longer if you are dealing with someone who is either “electronically challenged” or with someone with whom competency is an issue.



2. The usual video software is a head and shoulder shot so you are not really witnessing the signature, etc. unless the affiant lifts up the paper and sign it or the camera moves with each action. It would be possible to have someone say they are signing it but someone else out of video view is signing it, etc.



3. Once the affiant signs, are you actually viewing them sending the same document to you by fax or email? Not with a head and shoulder shot.



4. Once you transmit back a notarized copy, who will accept it immediately. In my case, it is a notary renewal application - will the Nassau County Clerk accept it? I will certainly find out.