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Electronic & Remote Online Notarization (RON)

A New York electronic notary in Manhattan is asked to notarize an electronic record for a signer physically in France. The record will be filed in a New York federal court. Which statement is correct?

A

The act is barred because the principal is outside the United States.

B

The act may proceed if all other Part 182 and Executive Law §135-c requirements are met.

C

The act may proceed only if the signer first travels into New York.

D

The act is valid only if the notary is also a county clerk.

Correct Answer

B. The act may proceed if all other Part 182 and Executive Law §135-c requirements are met.

AI Explanation

A principal may be outside the United States if the subject matter has the required U.S. connection. Executive Law §135-c(4)(a) allows the act when the record is to be filed with or relates to a matter before a U.S. court or other U.S.-jurisdiction entity, so long as the notary is physically in New York and the other requirements are met. Not to be confused with ordinary paper notarization, which still requires physical personal appearance unless remote authorization applies.

Electronic & Remote Online Notarization (RON) Question #264
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