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NY Senate 7561

Legislation

State: New York
Signed: June 30, 2023

Effective: June 30, 2023
Chapter: 188

Summary
In a major change, renewing Notaries in New York state will now file their applications for reappointment with the Secretary of State, not the county clerk.
Affects

Amends Sections 131, 132, 133, and 135-c of the Executive Law.

Changes
  1. Clarifies that a commission as a Notary may be transmitted by electronic means that results in a submission of such records and fees by the Secretary of State to the county clerk, and that "electronic" has the same meaning as set forth in the State Technology Law Section 302.
  2. No longer requires a Notary seeking reappointment to submit their applications to the county clerk, and now requires applications and the fee for reappointment to be submitted to the Secretary of State.
  3. Provides that the commission, and a certified or original copy of the oath of office and the official signature, and $20 (previously $40) shall be transferred by the Secretary of State to the county clerk of the county in which the appointee resides by the 10th of the following month.
  4. No longer requires the Secretary of State to make a record of commissions transmitted to that office by the county clerk, and now requires the county clerk to make the record of commissions transmitted to that office by the Secretary of State.
  5. Provides that after registration of the capability to perform electronic notarial acts pursuant to Executive Law 135-c, the Secretary of State shall transmit to the county clerk the exemplar of the Notary Public's electronic signature and any change in commission number or expiration date of the Notary's commission and authorizes the transmission to be accomplished by electronic means.
  6. Raises the fee for filing a certificate of official character by the county clerk and register of any county from $1 to $10.
  7. Raises the fee for issuing a certificate of official character from $1 to $5.
  8. Raises the fee from fifty cents to $3 for a county clerk affixing to any certificate of proof or acknowledgment or oath signed by a Notary who has filed a certificate of official character, a certificate stating that a commission or certificate of such Notary has been filed in that county clerk's office.
  9. Provides that a county clerk of a county in whose office a Notary Public has qualified may certify the signature of an Electronic Notary Public, provided the county clerk has received from the Secretary of State, an exemplar of the Notary Public's registered electronic signature.
  10. Makes technical changes.
Analysis

Senate 7561 presents a major change in New York state. It amends the Executive Law to require renewal of Notary Public commissions to be submitted to and processed by the Secretary of State. The legislation would also clarify requirements relating to transmission of records between the Secretary of State and county clerks, add language relating to Electronic Notary Public registration, and align the fees in the Executive Law associated with certificates of official character of Notaries Public and certification of notarial signatures with the fees for the same services set forth in the Civil Practice Law and Rules. Finally, Senate 7561 makes a technical correction to the process by which an Electronic Notary may certify a papered-out copy of the signature page of an electronically notarized document.

Read Senate 7561.

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