Notary Knowledge by Derrick Spruill

New York Handbook Basics - Test Your Knowledge Tuesday

Derrick Spruill Season 10 Episode 461

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0:00 | 22:30

Are you ready to sharpen your skills and master the essential rules governing the Empire State? In this episode, Eddie Montes Travis and Marylyn Lee Trotter walk you through the core principles found in the New York Notary Public License Law handbook to ensure you stay compliant and confident.

Jurisdiction Limits: Understanding where your authority begins and ends within New York state lines is fundamental for every professional.
Official Signature: Learn the specific requirements for your official signature and the exact information that must be included on every certificate.
Prohibited Acts: Review the common pitfalls and illegal practices, such as practicing law without a license, that can jeopardize your commission.
Fee Structures: We break down the maximum statutory fees you are permitted to charge for different types of notarial acts under state law.

Mastering these handbook basics is the best way to protect your business and serve your community with integrity. Make sure to subscribe and like the podcast for more weekly updates.

Show Notes:
• Review of New York jurisdiction and venue rules.
• Importance of following the official handbook guidelines.
• Common errors to avoid in New York notary certificates.
• Quick quiz questions for Test Your Knowledge Tuesday.

Buy Becoming a Notary on Amazon

Notary Knowledge Reference Guide and Notary Bible on Amazon

Your Sunday Notary Reading:
Notary Public Foundation: Essential Guide to Core Duties, Ethics, and Commissioning on Amazon

Your Monday Notary Reading:
Notary Operational Excellence: Mastering Certificates, Journals, Ink, and Copy Certification on Amazon

Your Tuesday Notary Reading:
Notary Fraud Shield: Real-World Tactics, Red Flags, and Refusal Strategies on Amazon

Your Wednesday Notary Reading:
The Mobile Notary Blueprint: Launching and Managing Your On-Demand Business on Amazon

Your Thursday Notary Reading:
Notary Niche Navigator: Your Guide to Loan Signings, Apostilles, I-9s, and More on Amazon

Your Friday Notary Reading:
Notary Law & Liability: Understanding State Regulations, Insurance, and Avoiding UPL

Your Saturday Notary Reading:
The Future Notary: Mastering RON, eNotary, and Complex Scenarios on Amazon

Quick & Easy Solutions: How to Increase Mobile Notary Business for More Success & Profit: with 37 Professional Tips on Amazon

Executive Producer Derrick Spruill
Writers Marylyn Lee Trotter and Eddie Montes Travis
Graphics & Illustrations by Eddie Montes Travis
Music by Thomas Bynum
This Show is Produced by Magnificent Workz
Business Solutions

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SPEAKER_02

Are you a notary ready to move beyond the basics? Don't get caught unprepared with legal risks and climb pitfalls. You need a blueprint for success. Introducing notary knowledge reference guide in notary bible. This is your essential playbook. Learn to master your duties, build a thriving mobile business, and protect yourself from costly mistakes with expert advice. Find Notary Knowledge Reference Guide in Notary Bible by Derek Spool from Amazon.com. Learn to Noble, Books A Million, Bookshop.org, Mobile Notary by DerekSpool.com, or download from Kindle today.

SPEAKER_03

Um, welcome to Notary Knowledge, everyone. I am Eddie, and I am joined by our resident expert, Marilyn. We are so glad to have you here with us today.

SPEAKER_00

Yeah, thank you. It is uh it's always great to be here. We have a really fascinating topic today.

SPEAKER_03

We absolutely do. And just a quick reminder before we get started, uh make sure to check out our video show, No Notary, with Eddie Montes Travis, and uh also Marilyn's 90 seconds in notary.

SPEAKER_01

Right. And if you haven't already, uh, we highly encourage you to buy the Notary Knowledge books by Derek Sproull. They are, you know, an incredible resource. And you can visit the Notary Knowledge website for more information on all of that.

SPEAKER_03

Yeah, totally. And please uh rate the show, subscribe, and share it with others if you find this helpful. We really appreciate the support.

SPEAKER_01

We really do.

SPEAKER_03

So today we are discussing the New York Handbook basics, specifically focusing on New York laws. There are some things in life that you know feel like they permanently belong in the analog world.

SPEAKER_00

Well, for sure.

SPEAKER_03

Like imagine trying to digitally recreate, getting a document notarized. For centuries, it's been the exact same process. You find a person, you slide your driver's license across a mahogany desk, they uh squint at it under a fluorescent light, watch you sign a piece of paper, and then kachunk they stamp it.

SPEAKER_01

Right. I mean, it is a highly tactile experience. It relies entirely on physical presence, uh, on the idea that human eyes and a heavy rubber stamp are the you know ultimate guarantors of authenticity.

SPEAKER_03

Yeah, it's an ancient public office. But today our mission is to explore how New York State has abruptly dragged this centuries-old tradition into the digital age. We are looking at the monumental 2023 overhaul of New York's notary laws.

SPEAKER_01

Driven primarily by Executive Law 135C and a uh pretty dense set of regulations known as 19 NYCRR Part 182.

SPEAKER_03

Exactly. And we'll unpack how the state balances this high-tech convenience with a really fierce fight against deed fraud. Plus, later on we've got our run-of-show with 10 multiple choice questions and uh a few real-world scenarios from you guys.

SPEAKER_01

It is a lot to cover, but it's a fascinating shift to observe from a high-level perspective. The state isn't just, you know, updating tech to make things convenient, they're fundamentally re-engineering how we establish trust.

SPEAKER_03

Aaron Powell So what was the catalyst for all this? Because state bureaucracies don't usually overhaul centuries of tradition just for the fun of it.

SPEAKER_01

No, they certainly don't. Uh the catalyst, as with so many recent tech shifts, was the COVID-19 pandemic. In early 2020, the world completely shut down. Right.

SPEAKER_03

Everything just stopped.

SPEAKER_01

But the legal and financial systems couldn't stop. People still needed wills, property transfers, uh, powers of attorney. So the state had to figure out how to maintain an in-person tradition when people were legally required to stay apart.

SPEAKER_03

And looking at our sources, their immediate solution was something called remote ink notarization, or R-I-N, which honestly, it sounds less like a tech leap and more like a duct tape fix during an emergency.

SPEAKER_01

The duct tape fix is uh a very accurate analogy. Under the temporary RAN rules, a notary and a signer would get on a live video call. The notary would watch the signer physically sign a paper document with a wet ink pen.

SPEAKER_03

Okay, so far, so good.

SPEAKER_01

But then the signer had to put that physical piece of paper in an envelope and mail it to the notary.

SPEAKER_03

Oh, wow.

SPEAKER_01

Yeah. And days later, when it finally arrived, the notary would apply their physical ink stamp and sign it.

SPEAKER_03

I mean, I can't imagine a clunkier process. You have the instant speed of a video call totally bottlenecked by the Postal Service. Trevor Burrus, Jr.

SPEAKER_01

It was flawed on so many levels. Because it lacked digital protections, there was a massive risk of the document being altered in transit. You know, no someone could swap a page before mailing it.

SPEAKER_03

Yeah, that makes sense.

SPEAKER_01

It was just a stopgap. Which is why on January 31st, 2023, the temporary statute allowing RIN was officially repealed. Remote ink notarization is completely dead in New York.

SPEAKER_03

RIP to RIN. So if that was the duct tape fix, uh, what is the permanent solution?

SPEAKER_01

Aaron Powell The permanent replacement is a much more robust framework called remote online notarization, or on. With RON, there's no paper and no mail. The entire transaction is paperless, executed via secure software utilizing uh public key infrastructure or PKI.

SPEAKER_03

Aaron Powell Let me stop you there because when I hear digital signature, I just imagine someone, you know, pasting a JPEG of their signature onto a PDF. How is PKI different?

SPEAKER_01

It's entirely different from pasting an image. Public key infrastructure uses complex cryptography. Think of it like a digital wax seal. When the notary applies their digital certificate to the file, it essentially locks the documents code. If even one pixel, one comma, or one metadata tag is altered after signing, the math breaks. The seal shatters. Yeah. And anyone who opens the file gets a massive, undeniable warning that the document has been compromised.

SPEAKER_03

So it's basically an airport security checkpoint inside your laptop. And this new system completely changes the geographical rules, right?

SPEAKER_01

It does. Under Run, the notary must be physically located within the boundaries of New York State at the exact moment they perform the act. They even have to use a network that permits location detection to, you know, digitally prove they are in the state.

SPEAKER_03

Okay, but what about the signer?

SPEAKER_01

The signer can be anywhere in the world.

SPEAKER_03

Literally anywhere. Like if I'm sitting in a cafe in Tokyo and I need to close on a house in Brooklyn, as long as my notary is sitting at their desk in Buffalo, we can do this.

SPEAKER_01

Yes. With one highly specific caveat. If you are outside the United States, you must verbally confirm on the recorded video call that the document involves a matter before a U.S. court or that it involves property located within U.S. jurisdiction.

SPEAKER_03

Ah, I see.

SPEAKER_01

You cannot use a New York notary to execute a purely foreign transaction between two people in Japan.

SPEAKER_03

That makes perfect sense. The state has to maintain its jurisdictional boundaries. But here is where the regulations get really concerning to me. We are talking about complex cryptographic wax seals and secure video servers.

SPEAKER_00

Right.

SPEAKER_03

And New York requires the technology to meet incredibly strict federal guidelines, right? Like identity assurance level too.

SPEAKER_01

Correct. The platforms must meet very high benchmarks for data security.

SPEAKER_03

So if the standards are that high, why isn't New York giving notaries a certified list of approved software? Unlike other states, New York does not pre-approve the platforms. Isn't it a massive risk to make individual notaries responsible for vetting cryptographic software?

SPEAKER_01

Well, this touches on a core debate about regulatory philosophy. Other states use an application and certification model where the Secretary of State blesses specific software. But New York opted for a free market route. They place the burden of selection entirely on the electronic notary.

SPEAKER_03

Which just seems terrifying for the notary.

SPEAKER_01

It is a heavy responsibility. But if we pull back and look at how New York structures its general business law, the strategy becomes clear. The state dictates that if a software provider operates in New York and represents to notaries that their platform complies, that vendor is legally bound by that representation.

SPEAKER_03

So the notary just has to obtain confirmation from the vendor.

SPEAKER_01

Exactly. Rather than bottlenecking innovation through a slow approval process, the state is saying, you know, we set the rules. Vendors, if you lie to our notaries about your security, we will aggressively come after you.

SPEAKER_03

Okay. That shifts the liability to the tech companies. That makes sense. Let's talk about the actual experience, though. Because since Ron allows a signer to be anywhere on the planet, the glaring question is uh how do you actually prevent fraud through a computer screen?

SPEAKER_01

Right. It's not like the analog world where you can tilt an ID and see the holograms.

SPEAKER_03

Exactly. How on earth does a webcam replicate looking someone in the eye and checking their face against a photo?

SPEAKER_01

This is where the regulations have created what I call a multi-layered identity gauntlet. If the notary doesn't personally know the remote signer, the software must force the signer through two distinct mandatory technological hurdles before they can even view the document.

SPEAKER_03

Okay, break this gauntlet down for me. What is the first hurdle?

SPEAKER_01

Step one is credential analysis. The signer has to hold the front and back of a government-issued photo ID up to their camera, but the notary isn't just eyeballing the video feed. A third-party automated software actively analyzes the security features of that ID.

SPEAKER_03

How can a software program analyze a physical hologram through a standard like laptop webcam?

SPEAKER_01

The software usually forces the user to tilt the ID back and forth on camera. It uses AI to analyze how the light refracts off the microprinting and the holographic patterns in real time.

SPEAKER_03

Oh wow.

SPEAKER_01

Yeah. And then it matches that data against the manufacturer's proprietary mathematical models to ensure it's not a fake.

SPEAKER_03

So you've essentially got a highly advanced digital bouncer at the door, but a fake ID can only go so far if the person doesn't know my history. Is there a behavioral check?

SPEAKER_01

That brings us to step two, which is identity proofing, specifically using knowledge-based authentication, or KBA. This confirms the identity by asking dynamic personal history questions generated from public and proprietary data.

SPEAKER_03

Like those multiple choice questions.

SPEAKER_01

Exactly, like uh, which of these four addresses did you live at in 2014, or which bank held your ARTO loan in 2018?

SPEAKER_03

See, I have to challenge the security of this KBA system. In an era of massive data breaches, where it feels like everyone's credit history is available for purchase on the dark web, isn't KBA actually less secure than just looking someone in the eye?

SPEAKER_01

It's a fair point.

SPEAKER_03

Because if an identity thief buys my data package, they can pass that history quiz way faster than I can.

SPEAKER_01

You're touching on a major debate in cybersecurity right now. KBA relies on secret knowledge that is, frankly, becoming increasingly public. However, if we look at the design of the New York statute, it's not relying on KBA alone. It is the combination of these tools that creates a formidable barrier.

SPEAKER_03

Ah, so the gauntlet relies on multiple traps triggering at once.

SPEAKER_01

Right. Think about the logistics for a fraudster. They wouldn't just need your stolen credit history to pass the quiz. They would also need a physical counterfeit of your license high enough quality to fool the AI's light refraction analysis. Right. And on top of all that, they have to join a live recorded audio visual feed with the notary, meaning their face and voice are permanently captured committing a felony.

SPEAKER_03

Aaron Powell Okay. The layering really is the key. That is a massive amount of risk for a scammer. But uh what if I am a legitimate signer? Let's say I just have a really thin credit file so KBA can't generate questions or my camera is smudged. If I fail this high-tech gauntlet, am I just locked out?

SPEAKER_01

Aaron Powell No, the law includes a specific failsafe. If you fail the automated checks, the alternative is using two remote credible witnesses. These are two people who personally know you.

SPEAKER_00

Okay.

SPEAKER_01

But here is the catch. Those two witnesses must independently pass the digital ID checks themselves. They have to pass the credential analysis and the KBA, and then join the live video call to take an oath affirming your identity.

SPEAKER_03

Wow. So the technology doesn't go away, the burden just shifts to your friends. That is a serious digital barrier.

SPEAKER_01

It is an incredibly high barrier to entry.

SPEAKER_03

Okay, so digital transactions are Fort Knox now. But what about the traditional notary sitting at the local bank? Did the state just leave the analog world alone?

SPEAKER_01

Not at all. The intense scrutiny required for digital acts logically spilled over into traditional paper acts. And this sparked a massive legal and political fight in New York. This brings us to the journal mandate.

SPEAKER_03

Ah, the black box.

SPEAKER_01

Yes. This is perhaps the most fiercely debated change. Effective January 25, 2023, all notaries in New York State must maintain a contemporaneous journal of their notarial acts. And when you say all notaries, I mean every single one of them. Even those who only do traditional in-person wet ink signatures. Historically, New York never required paper notaries to keep a logbook. You just stamped it and moved on. Now, every single act must be recorded, and those records must be retained for ten years.

SPEAKER_03

It really is like an airplane's black box. You hope you never need it, but you are required to record the flight data just in case there's an investigation a decade from now. What exactly goes into this journal?

SPEAKER_01

Aaron Ross Powell You have to record the date and approximate time, the type of act, the full names and addresses of the individuals involved, the verification procedures used, and the exact type of credential provided.

SPEAKER_03

Wow, that turns a casual two-minute favor into a significant administrative chore, which explains the resistance. Our sources show that legal professionals absolutely hated this.

SPEAKER_01

They did. Many lawyers in New York are also notaries or employ paralegals who are. They argued that forcing a lawyer notary to record the names and addresses of clients in a journal, one that could potentially be subpoenaed violated attorney client privilege.

SPEAKER_03

Were they just trying to get out of doing paperwork? Because if I go to a lawyer to sign a public real estate deed, my identity isn't exactly a secret.

SPEAKER_01

The New York City Bar Association actually issued a report dismantling that exact argument. They pointed out that lawyers were confusing their roles. A lawyer advocates for a client. But a notary is a neutral public officer commissioned by the state. Their primary duty is to the general public to prevent fraud.

SPEAKER_03

So they were too completely financed.

SPEAKER_01

Exactly. Verifying an identity is not privileged legal advice. If a lawyer feels it conflicts, they can just refuse to act as a notary in that instance. But they cannot exempt themselves from the duties of a public officer.

SPEAKER_03

But the lawyers took this fight to the state legislature, right?

SPEAKER_01

They did and passed the journal abolition bill, which would have exempted paper-based acts from the journal entirely.

SPEAKER_03

But Governor Kathy Hoachel vetoed it.

SPEAKER_01

Yes. Her reasoning was driven by the reality of modern fraud. While Ron gets all the high-tech paranoia, traditional wetting transactions account for almost all recorded cases of deed fraud and physical forgery in New York.

SPEAKER_03

Wait, really? The analog way is where the real fraud happens.

SPEAKER_01

Absolutely. Without a journal, if a criminal uses a fake ID to sign over a house, the only evidence is a forged signature and a stamp. The notary won't remember who was there three years later. But with a journal, law enforcement has a contemporaneous record. It's a vital investigative tool.

SPEAKER_03

Okay, so the black box is mandatory. Which brings me to the economics of the stamp. Let's talk about the fees, because the financial model seems totally disjointed.

SPEAKER_01

The disparity is striking. A registered electronic notary can charge up to $25 for a remote electronic act.

SPEAKER_03

Given the software costs, $25 almost seems cheap. But what about the traditional notary keeping this 10-year journal?

SPEAKER_01

A traditional in-person oath or acknowledgement is legally capped at $2.

SPEAKER_03

$2 in New York State.

SPEAKER_01

Yes. That fee has been stagnant since 1991. It makes New York one of the lowest paying starts, despite the high cost of living. There are proposed Senate bills to raise it to five or ten dollars, but currently it remains at two.

SPEAKER_03

So what happens if I have a digital document notarized online for $25, but I need to file it with a county clerk who refuses digital files and insists on paper? Doesn't printing it destroy the cryptography?

SPEAKER_01

Printing does strip the digital metadata, but the law created a bridge called papering out. A notary can print a tangible copy and then physically execute a separate certificate of authenticity, swearing under oath that the printout is a true copy of the original.

SPEAKER_03

And how much can they charge for this crucial bridge?

SPEAKER_01

The preparation of that certificate is a traditional act. So $2.

SPEAKER_03

I have to point out the absurdity here. You are required to meticulously verify identities, keep 10-year records, and if you fail, you can be prosecuted for official misconduct under New York Penal Law Section 1950.

SPEAKER_01

Which is classified as a Class A misdemeanor.

SPEAKER_03

Right. You risk a Class A misdemeanor for a capped fee of $2. Why would anyone bother?

SPEAKER_01

It's a valid critique. The state used the $2 fee as a nominal public service cap to ensure access to the legal system. But the tension between modern liability and a fee cap from 1991 is undeniable.

SPEAKER_03

All right, uh, let's put this knowledge to the test. It's time for our run of show. 10 multiple choice questions based on everything we just covered. We'll read the hook and the options and give you a moment to think.

SPEAKER_00

Sounds good.

SPEAKER_03

Question one. Here's the hook about the pandemic rules. What temporary measure was repealed and replaced by Ron in New York? A. Remote ink notarization, or B papering out?

SPEAKER_01

Take two or three seconds to think about it.

SPEAKER_03

And the answer is A. Remote ink notarization or R I N.

SPEAKER_01

Right. Question two. During a Ron transaction, where must the notary physically be located? A. Anywhere in the U.S. or B within New York State?

SPEAKER_03

Take a second. Think about that.

SPEAKER_01

The answer is B within New York State boundaries.

SPEAKER_03

Question three. How long must a New York notary retain their journal and audiovisual recordings? A. five years or B ten years?

SPEAKER_01

We'll give you a couple of seconds.

SPEAKER_03

And the reveal, it is B ten years. That's the black box rule.

SPEAKER_01

Exactly. Question four. What is the legally capped fee for a traditional in-person notarial act in New York? A $2 or B $25?

SPEAKER_03

Think about it.

SPEAKER_01

It is A, two dollars.

SPEAKER_03

Question five. Under the identity gauntlet, what is KBA? A knowledge-based authentication or B key binding algorithm?

SPEAKER_01

Take a second here.

SPEAKER_03

The answer is A, knowledge-based authentication.

SPEAKER_01

All right, question six. If a signer fails the automated digital ID checks, how many credible witnesses are required as a fail-safe? A, one, or b, two?

SPEAKER_03

Give it a thought.

SPEAKER_01

The answer is B, two credible witnesses.

SPEAKER_03

Question seven. What level of crime can a notary face for deliberately failing to maintain their journal? A. A class A misdemeanor, or B, a simple fine?

SPEAKER_01

Take two seconds.

SPEAKER_03

The answer is A, a Class A misdemeanor.

SPEAKER_01

Question eight. Does New York State pre-improve a certified list of RON software platforms? A, yes, or B, no.

SPEAKER_03

Think about it.

SPEAKER_01

The answer is B, no. It's a free market approach.

SPEAKER_03

Question nine. Can a signer physically located in Tokyo use a New York Ron platform? A. Yes, if the document involves U.S. jurisdiction, or B, no, they must be in the U.S.

SPEAKER_01

Take a moment.

SPEAKER_03

The answer is A, yes, as long as it involves U.S. jurisdiction or property.

SPEAKER_01

And our final question, number 10. What is the fee to execute a certificate of authenticity when papering out? A $25 or B $2.

SPEAKER_03

Take your time.

SPEAKER_01

It is B $2.

SPEAKER_03

Excellent. I hope you guys at home did well on those. Let's quickly look at some real-world scenarios you all sent in. First up, we have Julian from North Carolina. He sent a cold email to a New York title company offering his RON services.

SPEAKER_01

Well, Julian, since you are in North Carolina, you can't operate as a New York notary. Remember, the notary has to be physically located within New York state boundaries.

SPEAKER_03

Right. And the Camille in Minnesota asked about running ads in New York for her Minnesota-based wrong business.

SPEAKER_01

That's a bit tricky. She can advertise, but she must follow Minnesota's notary laws, not New York's. And the receiving agencies in New York would have to be willing to accept an out-of-state notarization.

SPEAKER_03

Got it. Now Isaac in Missouri works for a signing agency, and they told him not to worry about a journal to save time.

SPEAKER_01

Isaac, do not listen to them. Whether you were in Missouri or New York, if your state law mandates a journal, and New York certainly does, you are personally liable. Your agency won't be the one facing the misdemeanor.

SPEAKER_03

Great advice. Penelope in Connecticut asked if she could officiate a wedding since she's a newly commissioned notary.

SPEAKER_01

So some states like Florida do allow notaries to officiate weddings, but New York and Connecticut generally do not. Always check your state's specific handbook.

SPEAKER_03

And finally, Adrien in Florida is dealing with a really slow season and complaining about the fee structures.

SPEAKER_01

Adrienne, we feel your pain. Florida's fees are slightly different, but the struggle of traditional notary economics is universal. It's tough when you compare the risk to the reward, much like New York's stagnant $2 fee.

SPEAKER_03

It really is. So if we bring this all full circle, New York's notary system has fundamentally transformed. We've gone from a casual ink stamp to a highly scrutinized data-rich transaction designed around extreme accountability.

SPEAKER_01

It represents a profound shift in how we verify truth. We are no longer relying solely on human memory. We are backing it up with cryptography and permanent records.

SPEAKER_03

Which leaves you with something fascinating to ponder. As tech advances, especially with the explosion of AI-generated deepfakes that can mimic a real person on a webcam, will remote online notarizations eventually become less trusted than the old-fashioned look-me-in-the-eye ink signature. Or will the undeniable proof of a digital paper trail replace physical human witnesses altogether?

SPEAKER_01

It is a wild thought to leave off on.

SPEAKER_03

Absolutely. Well, please email your questions to Derek at DerekSprill.com. We will try to answer as soon as possible at the end of our shows.

SPEAKER_00

Yes, keep those questions coming.

SPEAKER_03

Our show is executive produced by Derek Sprill, with lead writing by Marilyn Lee Trotter, graphics by Eddie Montez Travis, music by Thomas Bynum, and produced by Magnificent Works Business Solutions.

SPEAKER_01

Don't just be listeners of the knowledge.

SPEAKER_03

Be doers of the knowledge. This is Notary Knowledge. Until next time.

SPEAKER_02

To obtain more notary knowledge, explore the full collection of books by Derek Spruel and find the perfect book for your notary business. Visit any online bookstore, Amazon.com, Barnes and Noble Bookstore, Bookofmillion.com, Bookshop.org, Mobile Notary by DerekSprowel.com, or download from Kindle to obtain your essential notary book to help with all your notarizations starting today.