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Electronic & Remote Online Notarization (RON)

A principal is physically outside the United States during a remote notarization. Under Executive Law §135-c(4)(a), when may the act still proceed?

A

Only if the principal is a U.S. citizen.

B

Only if the principal signs with a wet-ink signature first.

C

If the record is to be filed with or relates to a U.S. public official, court, governmental entity, or other entity subject to U.S. jurisdiction, or involves U.S. property or a transaction substantially connected with the United States.

D

Never; a principal outside the United States may not use New York remote notarization.

Correct Answer

C. If the record is to be filed with or relates to a U.S. public official, court, governmental entity, or other entity subject to U.S. jurisdiction, or involves U.S. property or a transaction substantially connected with the United States.

AI Explanation

New York allows some overseas remote acts with a U.S. nexus. Executive Law §135-c(4)(a)(1)-(2) permits the act when the record relates to a U.S. official or entity or involves U.S. property or a transaction substantially connected with the United States. For contrast, the statute still requires the notary to be physically located in New York when performing the electronic act.

Electronic & Remote Online Notarization (RON) Question #493
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