New York's Department of State has adopted new administrative rules that include important recordkeeping requirements for all Notaries.
New York's Department of State has adopted new administrative rules that include important recordkeeping requirements for all Notaries.
Effective January 25, 2023, all Notaries for all notarial acts performed whether the notarization is traditional (paper) or electronic, must maintain records. The essential tool for meeting this responsibility is the Notary Public Record Book.
Each record entered in your record book or journal must be made at the same time as the notarial act is performed and must include:
- the date, approximate time, and type of notarial act(s) performed;
- the name and address of any individuals for whom a notarial act was performed;
- the number and type of notarial services provided;
- the type of credential used to identify the principal;
- the verification procedures used for any personal appearance before the Notary Public; and
- for electronic notarial acts, identification of the communication technology, certification authority, and verification providers used.
A New York Notary must safely keep their records for at least 10 years, in a format allowing the Notary to produce any record(s) if requested by the Secretary of State and other parties.
Although maintaining a record book or journal is a new requirement in the Empire State, experts in the industry have always strongly advised that each Notary do so. A record book creates credible evidence of every notarial act the Notary performed. Regular record book use can help minimize a Notary's exposure to liability by reminding the Notary of vital steps of a notarization. It also enables the Notary to provide the specifics of a notarization should questions arise later.
Remember, this requirement was effective on January 25... order your Notary Public Record Book today!
TIP: Now is the perfect time to review the latest laws, rules, and regulations. While this article highlights a key provision in the latest administrative rules, it doesn't cover all of them. You are required to act in compliance with all applicable notary laws, rules, and regulations.