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Electronic & Remote Online Notarization (RON)

A registered electronic notary is physically in New Jersey during a remote session for a New York document, while the signer is in Buffalo. May the notary complete the electronic notarial act from New Jersey?

A

Yes, because the signer is in New York and the document concerns New York.

B

No, because the electronic notary must be located within New York at the time of the act.

C

Yes, if the notary records the session and later files a certificate of official character.

D

No, unless the county clerk first grants special permission.

Correct Answer

B. No, because the electronic notary must be located within New York at the time of the act.

Detailed Explanation

The notary's own location is a hard statutory condition. Executive Law §135-c(4)(a)(ii) requires the electronic notary public to be located within the state of New York at the time of performing the electronic notarial act using communication technology, regardless of the signer's location. Unlike paper filing rules, this requirement turns on the notary's physical location during the act.

Electronic & Remote Online Notarization (RON) Question #228
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