New York Notary Exam · E-Notary

New York Notary Exam Practice Questions: Electronic and Remote Notarization (2026)

New York lets any notary qualified under Executive Law article 6 perform electronic notarial acts using audio-video communication technology, provided every condition of Executive Law 135-c is met. Before the first electronic act the notary must register the capability with the Secretary of State and pay a non-refundable $60 registration fee under 19 NYCRR 182.11. The notary must be physically located within New York at the time of the act, but the signer may be anywhere, and the recording of the video and audio conference must be kept for at least ten years from the date of the transaction.

Practice

Free practice questions

E-Notary

Which notaries are authorized to perform an electronic notarial act using audio-video communication technology?

Based on: Executive Law 135-c(2) - Authorization to notarize electronically

E-Notary

How do the methods for identifying a document signer in an electronic notarization compare to those for a paper-based notarization?

Based on: Executive Law 135-c(2) - Authorization to notarize electronically

E-Notary

What type of technology must a notary use to interact with a principal when performing an electronic notarial act?

Based on: Executive Law 135-c(2) - Authorization to notarize electronically

E-Notary

Regarding the signal used in electronic notarization, what does regulation require of the transmission?

Based on: Executive Law 135-c(2)(a) - Communication-technology standards

E-Notary

How must the communication technology allow the notary to communicate with the principal during an electronic notarial act?

Based on: Executive Law 135-c(2)(a) - Communication-technology standards

E-Notary

How many different processes does the regulation require for authenticating the identity of a remotely located individual?

Based on: Executive Law 135-c(2)(a) - Communication-technology standards

E-Notary

Under the communication-technology standards, what may satisfy one of the required identity-authentication processes for a remotely located individual?

Based on: Executive Law 135-c(2)(a) - Communication-technology standards

E-Notary

When video and audio conference technology is used to confirm a signer's identity, what must the electronic notary keep?

Based on: Executive Law 135-c(2)(b) - Recording retained ten years

E-Notary

For how long must the recording of the video and audio conference be maintained under Executive Law 135-c?

Based on: Executive Law 135-c(2)(b) - Recording retained ten years

E-Notary

From what point in time does the ten-year retention period for the conference recording begin to run?

Based on: Executive Law 135-c(2)(b) - Recording retained ten years

Registration, location and identifying a remote signer

Registration comes first: a notary cannot perform electronic notarial acts until registration with the Secretary of State's notary processing unit is complete, on the prescribed form with the fee set by regulation. The registration includes the applicant's name, mailing address and e-mail address, the commission expiration date and signature, an exemplar of the notary's electronic signature with any instructions that allow it to be read, and a description of the technology used to attach that signature to the electronic record. The location rule is the exam's favourite trap: the electronic notary must be located within New York at the time of the act, regardless of where the document signer is. A principal may even be outside the United States, provided the record relates to a matter before a United States official, court or entity, involves property in the United States or a transaction substantially connected with the United States, and 19 NYCRR 182.4 requires the notary to verify that connection through the principal's verbal confirmation during the recorded act. Identification for a remote signer not personally known to the notary requires all three of identity verification, credential analysis by a third-party provider, and identity proofing meeting at minimum the NIST Identity Assurance Level 2 standard under 19 NYCRR 182.5 to 182.7; the notary's attestation of personal knowledge suffices when the remote signer is personally known.

  • Two or more different processes must authenticate a remotely located individual's identity; personal knowledge may satisfy one (Executive Law 135-c(2)(a)).
  • The remote online notarial certificate must state that the person appeared through the use of communication technology (Executive Law 135-c(5)).
  • The fee for an electronic notarial act is $25, inclusive of all costs (19 NYCRR 182.11).

The technology, the recording and the paper trail

19 NYCRR 182.8 sets the technology bar: live, real-time transmission by sight and sound without interruption throughout the act, sufficient visual clarity to view, read and capture the front and back of any identification card, a signal secure from interception, a reproduction process that leaves a record of any additions, deletions or changes, and the ability to record and archive the session. The notary must use a network that permits location detection and may not disguise their location or disable the detection function during the act. The recording must capture the complete notarial act, including any signatures and a verbal description of the type of identification used, but must not include the discussion or display of personally identifiable information, and it is kept for at least ten years from the date of the transaction. The notary's electronic signature must be unique to the notary, retained under their sole control, capable of independent verification and attached by a PKI digital certificate so that any removal or alteration is detectable and may invalidate the act. The system also bridges back to paper: a notary may certify that a tangible copy of a remotely notarized electronic record is accurate, and a county clerk or other recording officer shall accept such a certified copy for recording if it is otherwise eligible. Two protections close the loop: no notary or business may exclusively require electronic notarization, and nothing in section 135-c requires any notary to notarize electronically at all.

Traditional vs electronic notarization in New York
FeatureTraditional (paper)Electronic (remote)
Extra registrationNone beyond the commissionRegister the capability with the Secretary of State, $60 fee (Executive Law 135-c(3); 19 NYCRR 182.11)
Where the notary must beAnywhere within New York State (Executive Law 130)Physically within New York at the time of the act (Executive Law 135-c(4))
Where the signer may bePersonally before the notary (19 NYCRR 182.3)Anywhere, even abroad if the US-connection conditions are met (Executive Law 135-c(4))
Identifying an unknown signerGovernment photo ID, two signed documents, credible witnesses or personal knowledge (19 NYCRR 182.5(b))Identity verification plus credential analysis plus identity proofing to NIST IAL2 (19 NYCRR 182.5(c), 182.7)
Recording of the sessionNot requiredRequired; retained at least 10 years from the transaction (Executive Law 135-c(2)(b))
Fee for the act$2 for most acts (Executive Law 136)$25, inclusive of all costs (19 NYCRR 182.11)
FAQ

Frequently asked questions

Does New York allow remote online notarization?

Yes. Executive Law 135-c authorizes any notary qualified under article 6 to perform electronic notarial acts using audio-video communication technology, provided all of the section's conditions are met. The notary must first register the capability to notarize electronically with the Secretary of State, and an electronic act performed under the section satisfies any legal requirement that the signer personally appear before the notary.

What must a New York notary do before performing electronic notarial acts?

Register the capability to notarize electronically with the Secretary of State on the prescribed form and pay the non-refundable $60 registration fee, under Executive Law 135-c(3) and 19 NYCRR 182.11. The registration includes the notary's name, mailing and e-mail addresses, commission expiration date and signature, an exemplar of the electronic signature, and a description of the technology used to attach it. No electronic act may be performed until registration is complete.

How long must a New York remote notarization recording be kept?

At least ten years from the date of the transaction, under Executive Law 135-c(2)(b) and 19 NYCRR 182.8(b). The recording must capture the complete notarial act, including any required verification for a principal outside the United States and a verbal description of the type of identification used, but it must not include the discussion or display of personally identifiable information.

Where must the notary and the signer be during a New York electronic notarization?

The notary must be physically located within New York State at the time of the act, under Executive Law 135-c(4) and 19 NYCRR 182.4, and may not disguise their location or disable location detection. The signer may be anywhere; a principal outside the United States is allowed only if the record relates to a US matter, US property or a transaction substantially connected with the United States.

How is a remote signer identified under the New York rules?

If the signer is not personally known to the electronic notary, 19 NYCRR 182.5(c) requires all three of identity verification performed as for a physical appearance using compliant communication technology, credential analysis by a third-party provider, and identity proofing meeting at minimum the NIST Identity Assurance Level 2 standard under 19 NYCRR 182.7. If the remote signer is personally known, the notary's attestation of personal knowledge is sufficient.

Can a New York notary be forced to notarize electronically?

No. Executive Law 135-c(9) provides that nothing in the electronic notarization law requires a notary to perform a notarial act using communication technology, and section 135-c(8) bars any notary or business employing one from exclusively requiring electronic notarization, so a signer cannot be forced to give up a traditional paper notarization either.

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