New York defines an electronic notarial act in Executive Law §135-c as an official act by a notary who is physically present in New York and who acts on or involving an electronic record using approved means. The same concept is carried forward in 19 NYCRR Part 182.
The definition matters because it marks the line between ordinary paper notarization and modern remote or electronic practice. The act still requires personal appearance, satisfactory evidence of identity, and compliance with certificate rules; the difference is that the record and signature may be electronic and the communication may take place through authorized technology.
Practical note: The act is electronic, but the notary’s obligations are not relaxed. The notary must still be physically in New York, and the certificate for a remote appearance must state that the person appeared using communication technology.
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