Bulletin 2023-01: Changes to the Peconic Bay Tax

The Notice of Adoption amending Part 182 of Title 19 of the NYCRR (the “Amendments”) was published in the NYS Register on January 25. The Amendments are effective as of January 25 and apply to notaries public. A full copy of the Notice of Adoption can be found here.

It is important to draw your attention to two significant parts of the Amendments.

One, effective January 31, 2023, if notaries want to be able to perform remote online notarization (“RON”), they must register themselves as electronic notaries with the NYS Department of State. A separate bulletin will be forthcoming discussing the new regulations pertaining to RON.
Two, beginning January 25th, 2023, all notaries, including those notaries that only provide traditional in-person services, must maintain a journal, also referred to as records, and those records must be maintained for a period of ten (10) years. The records must be capable of being produced to the Secretary of State and others as necessary in relation to the performance of the notary public’s obligations.

The aforementioned records shall be made contemporaneously with the performance of the notarial act and must include:

The date, approximate time, and type of notarial acts performed
The name and address of any individuals for whom a notarial act was performed
The number and type of notarial services provided
The type of credential used to identify the principal, including, for verification made where a notary relies on the oath or affirmation of two witnesses who identify themselves with a valid government issued ID and who know the document signer personally, the names of the witnesses and, if applicable, the type of credential used
The verification procedures used for any personal appearance before the notary public

Additionally, electronic notaries must maintain a journal of all notarial acts as well as an audio & video record of all electronic notarial acts performed.

The Secretary of State also published an update to a FAQ on January 25, 2023 which update can be found at the following link:

IMPORTANT UPDATE: Remote Notarization

In the event you have any questions regarding the above, please contact Drew Steigler, Chief Underwriting Counsel, at 631.424.6100 or dsteigler@advantagetitle.com.