The New York Department of State adopted NEW Regulations 182.2-182.11, which are standards relating to the performance of notarial acts. The regulations became effective as of January 25, 2023.

While the bulk of the regulations cover “electronic notarial acts,” there are provisions of the new regulations that pertain to all notaries, which everyone should be aware of.

All notaries are now required to maintain a “traditional” notary journal.

Some details:

· the journal must be maintained for at least 10 years

· it must be capable of being produced to the Secretary of State upon request

· transaction entries must be made contemporaneously with the notarial act and include the following:

1.     the date, approximate time, and type of notarial acts performed;

2.     the name and address of any individuals for whom a notarial act was performed;

3.     the number and type of notarial services provided;

4.     the type of credential used to identify the principal; and

5.     the verification procedures used for any personal appearance before the notary public.

There are other requirements that apply to all notaries but of special interest is Section 182.5 (reproduced below), which sets forth the standards of proof a notary must obtain to confirm the identity of the person appearing before the notary (assuming the person is not personally known to the notary).