# Notary and Deed-Execution Requirements Under New York Law[^about] What makes a New York deed valid and recordable, who may take the acknowledgment, when a New York notary may act online, how recording offices treat electronic deeds, and which defects New York cures. This guide covers the formalities for signing a deed of New York land: the writing and signature, the acknowledgment and its certificate, subscribing witnesses, New York's electronic notarization statute, out-of-state online notarization, the COVID-era executive order, recording offices, the statutes that cure some defects, and the transfer-tax forms that accompany a deed. It addresses the execution of the instrument, not title examination, tax computation or the drafting of the deed's grant. It is written for ordinary deeds that take effect during the grantor's life, and it notes where a transfer on death deed differs. The first question numbers five elements, (i) through (v), and later questions refer back to them. ## What does New York require for a deed of New York land to be valid and recordable? {#execution-requirements} **Short answer.** Read together, New York's statutes require an ordinary deed to be written, subscribed and delivered to take effect between the parties, and to be acknowledged by its signer or proved by a subscribing witness, with an officer's certificate, to be recorded. [^gol-5-703-writing-subscribed] [^rpl-244-delivery-effect] [^rpl-291-recording-condition] [^rpl-292-who-acknowledges] [^rpl-306-certificate-content] New York has no single statutory list of these formalities, so this guide numbers them as five elements, which are requirements rather than a complete test of a valid conveyance. - **(i) Writing.** Apart from a lease of one year or less and interests arising by act or operation of law, an estate or interest in real property can be created or granted only by a deed or conveyance in writing. [^gol-5-703-writing-subscribed] - **(ii) Subscription.** The writing must be subscribed by the person creating or granting the interest, or by that person's lawful agent authorized in writing. [^gol-5-703-writing-subscribed] [^rpl-243-subscription-witness] - **(iii) Delivery.** A grant takes effect only from its delivery. [^rpl-244-delivery-effect] - **(iv) Acknowledgment or proof.** For recording, except as the Real Property Law's acknowledgment article otherwise provides, the person who executed the deed acknowledges it before an authorized officer, or another person who witnessed the execution and subscribed as a witness at the same time proves it. [^rpl-291-recording-condition] [^rpl-292-who-acknowledges] - **(v) Certificate.** The officer endorses or attaches a signed certificate stating the matters required to be done, known or proved, and that certificate is recorded with the deed. [^rpl-306-certificate-content] [^rpl-318-certificate-recorded] Elements (i) through (iii) govern the deed between the parties; elements (iv) and (v) govern whether a recording office may record it. The Court of Appeals has said that an unacknowledged deed cannot be recorded but may still be enforceable between the grantor and the grantee. [^galetta-unacknowledged-deed-parties] Recording matters because an unrecorded conveyance is void against a later good-faith purchaser for value who takes from the same grantor, or the grantor's distributees or devisees, and whose own conveyance is first duly recorded. [^rpl-291-unrecorded-void] A witness is not one of the five elements for an ordinary deed. A grant in fee or of a freehold that is duly acknowledged before delivery needs no witness, and witness rules come into play only when the deed was not acknowledged before delivery or when execution is proved by a subscribing witness instead of acknowledged. [^rpl-243-subscription-witness] Recording offices also apply further conditions, such as the requirement in Real Property Law § 333(1-e) that a conveyance be accompanied by a transfer report form and fee or a Department of Taxation and Finance receipt, covered in the questions on recording offices and transfer-tax forms. [^rpl-333-recording-report-condition] A transfer on death deed under Real Property Law § 424 transfers property effective at the transferor's death. [^rpl-424-tod-requirements] Except as § 424(7) otherwise provides, it must contain the essential elements and formalities of a properly recordable inter vivos deed, and it must also state that the transfer is to occur at the transferor's death, be signed by two witnesses who were present at the same time and witnessed the signing, be acknowledged before a notary public, and be recorded before the transferor's death in the county clerk's office of the county where the property is located. [^rpl-424-tod-requirements] It is effective without notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life, so element (iii) does not apply to it in the usual way. [^rpl-424-tod-no-delivery] ## What must a New York deed's acknowledgment and notary certificate show for the deed to be recorded? {#acknowledgment-certificate} **Short answer.** A New York deed may be recorded once the signer duly acknowledges it, or it is proved, and the acknowledgment or proof is duly certified. [^rpl-291-acknowledged-to-record] The Court of Appeals held in *Galetta v. Galetta* that three Real Property Law provisions together define a proper acknowledgment, and that the certificate exists to show that the signer declared the signing and that the officer knew the signer or had satisfactory evidence of identity. [^galetta-three-provisions] [^galetta-certificate-purpose] The three provisions are: 1. **Oral declaration (§ 292).** Except as the acknowledgment article otherwise provides, only the person who executed the conveyance may acknowledge it. [^rpl-292-acknowledgment-signer] *Galetta* reads this as requiring the signer to declare to the officer that the signer in fact signed. [^galetta-three-provisions] 2. **Identity (§ 303).** The officer may not take the acknowledgment without knowing, or having satisfactory evidence, that the person making it is the person described in and who executed the instrument. [^rpl-303-identity-requisite] 3. **Certificate (§ 306).** The officer endorses or attaches a signed certificate stating all the matters required to be done, known or proved. [^rpl-306-certificate-acknowledgment] For a deed acknowledged in New York, the certificate must conform substantially to the statutory form in § 309-a(1), whose recitals include that the signer was personally known to the officer or proved on satisfactory evidence to be the person whose name is subscribed, and acknowledged executing the instrument in the signer's capacity. [^rpl-309a-uniform-form] [^dos-li03-uniform-forms] The Department of State's legal memorandum to notaries explains that the § 309-a form has applied to in-state acknowledgments of New York real-property instruments since September 1, 1999. [^dos-li03-uniform-forms] For an acknowledgment taken outside New York, § 309-b offers a parallel form that the certificate *may* follow. [^rpl-309b-outside-form] Substantial conformity tolerates different wording but not a missing element. In *Galetta*, the certificate omitted the words establishing that the notary knew the signer or had proof of identity, and the Court of Appeals agreed that it did not conform with statutory requirements. [^galetta-identity-omission-defective] [^galetta-certificate-nonconforming] The court distinguished a certificate that used older wording to say the same things, because there the deviation was in form, not substance. [^galetta-core-component] *Galetta* concerned a prenuptial agreement, which the Domestic Relations Law requires to be acknowledged in the manner required to entitle a deed to be recorded, so its reading of the deed-acknowledgment provisions applies directly to deeds. [^galetta-dom-rel-deed-standard] *Galetta*, which applied the deed-acknowledgment formalities to a prenuptial agreement, distinguished an incomplete certificate from the complete absence of an acknowledgment and left open whether the incomplete certificate could be cured, because the proof submitted was insufficient. [^galetta-dom-rel-deed-standard] [^galetta-incomplete-not-absent] [^galetta-cure-undecided] The court described the possible cure as evidence that the acknowledgment was properly made when the document was signed, and it found the notary's affidavit too conclusory to raise that question. [^galetta-cure-theory] [^galetta-affidavit-conclusory] No decision deciding whether such evidence can cure a defective certificate on a deed, apart from the statutory cures discussed in the question on curative statutes, was found in our review. A New York notary must also print, stamp or affix beneath the signature the notary's name, the words *Notary Public State of New York*, the county of original qualification and the commission expiration date. [^exec-137-notary-statement] Where required, the notary also names any county in which the notary's certificate of official character is filed, and a notary licensed as a New York attorney may substitute the words *Attorney and Counsellor at Law* for *Notary Public*. [^exec-137-filing-and-attorney] [^exec-137-attorney-wording] A notary who qualified, or filed a certificate of official character, in a New York City county must also add an official number, and an additional register number applies to some instruments recorded with the New York City Register. [^exec-137-nyc-official-number] Omitting that information does not invalidate the notary's act, although a willful failure exposes the notary to discipline. [^exec-137-no-invalidity] ## Who may take the acknowledgment of a New York deed, inside and outside New York? {#who-takes-acknowledgment} **Short answer.** Inside New York, a notary public, a supreme court justice, an official examiner of title or an official referee may take a deed acknowledgment anywhere in the state, and other listed officers may take one within their districts or, for some local officers, their county. [^rpl-298-in-state-officers] Outside New York but within the United States, § 299(1) recognizes five kinds of officer, each acting within the officer's own territorial jurisdiction or that of the officer's court: [^rpl-299-out-of-state-officers] 1. A judge or other presiding officer of a court having a seal, or its clerk or other certifying officer. 2. A mayor or other chief civil officer of a city or other political subdivision. 3. A notary public. 4. A commissioner of deeds appointed under New York law to act outside the state. 5. Any person authorized by the law of the place of acknowledgment to take acknowledgments of deeds to be recorded there. For the first, third and fourth kinds, the officer's signature and title conclusively establish the officer's authority to take the acknowledgment. [^rpl-299-signature-title-effect] The certificate-of-conformity and authentication rules for out-of-state and foreign acknowledgments are covered in the question on certificates of conformity. Outside the United States, § 301 recognizes United States diplomatic and consular officers, judges and clerks of courts having a seal, mayors and chief civil officers, notaries public, New York commissioners of deeds, persons specially commissioned by the New York Supreme Court and any person the foreign country's law authorizes to take acknowledgments of real-estate conveyances. [^rpl-301-foreign-officers] A person serving in or with the United States armed forces, or a dependent, may acknowledge before an officer in active service authorized to act as a notary, wherever located. [^rpl-300-armed-forces] The certificate must then add the officer's rank, serial number and command, the signer's qualifying status and, if the person making the acknowledgment or whose dependent makes it is enlisted or commissioned, that service member's serial number, but it need not disclose the place. [^rpl-300-certificate-details] ## When does an acknowledgment taken outside New York need a certificate of conformity or an authentication? {#certificate-of-conformity} **Short answer.** No certificate of conformity may be required for an acknowledgment taken in another state if it carries the signature and title of a judge or clerk of a court having a seal, a notary public or a New York commissioner of deeds, acting within the officer's territorial jurisdiction. [^rpl-299a-no-conformity-certificate] [^rpl-299-conformity-officer-kinds] [^assembly-s2271-chapter-502] For other officers, and for acknowledgments taken abroad in the foreign country's form, the statutes conflict on whether a certificate of conformity is still needed. [^rpl-299a-choice-of-manner] [^rpl-301a-foreign-conformity] [^rpl-311-general-no-authentication] Section 299-a(1) lets an out-of-state acknowledgment follow either New York's manner or the manner of the place where it is taken, and requires one taken in the local manner to carry a certificate that it conforms with local law, unless subdivision 3 applies. [^rpl-299a-choice-of-manner] The certificate may be made by a New York attorney residing in that place, an attorney admitted there, or a person a New York court deems qualified, in which case the presiding judicial officer must append a signed statement that the person was deemed qualified. [^rpl-299a-choice-of-manner] Section 299(1) lists the officers who may take an acknowledgment outside New York but within the United States, each acting within the officer's territorial jurisdiction or that of the officer's court; its first, third and fourth kinds are a judge, other presiding officer, clerk or other certifying officer of a court having a seal, a notary public, and a New York commissioner of deeds. [^rpl-299-conformity-officer-kinds] The 2024 amendment added two rules for officers of those three kinds: 1. **No certificate of conformity.** None may be required when the acknowledgment is taken by, and carries the signature and title of, such an officer. [^rpl-299a-no-conformity-certificate] 2. **Equivalence.** An instrument acknowledged before such an officer in the manner prescribed by the officer's own jurisdiction is equivalent to one acknowledged in New York form and, if otherwise entitled to record, must be recorded on tender of fees. [^rpl-299a-equivalent-form] The amendment was Senate bill S2271 of the 2023–2024 session, which amended §§ 299, 299-a, 311 and 312 and took effect immediately; it was signed as chapter 502 of the Laws of 2024 on November 22, 2024. [^assembly-s2271-sections-amended] [^s2271-effective-immediately] [^assembly-s2271-chapter-502] The amendment does not say whether it reaches an acknowledgment taken before that date but presented for recording afterward, and no decision on the point was found in our review. The conflict is in the text. Section 299-a(1) still says that an out-of-state acknowledgment taken in the local manner must carry a certificate of conformity except as subdivision 3 provides, and § 301-a(1) says the same for a foreign-country acknowledgment taken in that country's manner. [^rpl-299a-choice-of-manner] [^rpl-301a-foreign-conformity] Section 311(5), which the same 2024 bill amended, says that except as § 311 provides, no certificate of authentication or certificate of conformity is required for an acknowledgment before any officer designated in § 299 or § 301. [^rpl-311-general-no-authentication] [^assembly-s2271-sections-amended] No decision reconciling those provisions was found in our review. Authentication is a separate requirement from conformity. Section 311 keeps four authentication requirements: 1. **New York commissioners of deeds** need authentication by the New York Secretary of State, with an exception in the Executive Law. [^rpl-311-commissioner-and-foreign-notary] 2. **Foreign notaries, other than in Canada,** need authentication by the clerk or other certifying officer of a court in the district where the acknowledgment was made, under the court's seal; by a recording officer of that district; by the official holding the notary's appointment or signature records; or by a United States consular officer resident in that country. [^rpl-311-commissioner-and-foreign-notary] 3. **Mayors and chief civil officers** whose certificate lacks the seal of the city or other political subdivision need authentication by that subdivision's clerk or by a United States consular officer resident in the country where the acknowledgment was made. [^rpl-311-mayor-without-seal] 4. **Other persons authorized by local law,** under § 299(1)(e) or § 301(7), need authentication by an officer § 311(4) designates. [^rpl-311-local-law-officers] The 2024 bill did not amend § 301-a. [^assembly-s2271-sections-amended] Where a certificate of conformity is used for a foreign-country acknowledgment, § 301-a lets a New York attorney resident in that country, a United States consular officer resident there acting under seal, that country's consular officer resident in New York acting under seal, or a person a New York court deems qualified make it; for a court-qualified maker, the presiding judicial officer must append a signed statement that the maker was deemed qualified. [^rpl-301a-certificate-makers] > [!NOTE] > **Practice note.** > > Leaving the certificate of conformity out of the acknowledgment packet for a deed acknowledged in local form by a mayor or a locally authorized person, or abroad in the foreign country's form, leaves its recording eligibility dependent on the unresolved statutory conflict described above. [^rpl-311-general-no-authentication] [^rpl-299a-choice-of-manner] [^rpl-301a-foreign-conformity] Including one is our practice suggestion, not a requirement stated by any source. ## Does a New York deed need witnesses, and how does proof by a subscribing witness work? {#subscribing-witnesses} **Short answer.** Outside a transfer on death deed, which needs two witnesses, witnesses matter for a New York grant in fee or of a freehold only when it was not duly acknowledged before delivery, or when a subscribing witness, rather than the signer, supplies the element (iv) proof of execution. [^rpl-243-witness-alternative] [^rpl-292-proof-by-witness] [^rpl-424-tod-two-witnesses] A transfer on death deed must be signed by two witnesses who were present at the same time and who witnessed its signing, in addition to being acknowledged before a notary public. [^rpl-424-tod-two-witnesses] Section 243 attaches a consequence, not invalidity, to a deed that is neither acknowledged before delivery nor attested by at least one witness: it does not take effect against a later purchaser or incumbrancer until it is acknowledged. [^rpl-243-witness-alternative] Except as the acknowledgment article otherwise provides, the proof must be made by a person other than the signer who witnessed the execution and subscribed as a witness at the same time. [^rpl-292-proof-by-witness] Before the officer, the witness must: 1. **Residence statement.** The witness states the witness's own place of residence and, if it is in a city, the street and street number, if any. [^rpl-304-witness-statements] 2. **Knowledge of the grantor.** The witness states that the witness knew the person described in and who executed the deed. [^rpl-304-witness-statements] 3. **Witness identity.** The officer must be personally acquainted with the witness or have satisfactory evidence that the witness is the person who subscribed. [^rpl-304-witness-statements] Section 309-a prescribes the certificate that must be used for an in-state proof by a subscribing witness, and the parallel out-of-state form in § 309-b(2) recites that the witness was sworn, was present and saw the grantor execute the deed, and subscribed as a witness at the same time. [^dos-li03-witness-form] [^rpl-309b-witness-form] If a witness living in the county refuses to testify and the deed cannot otherwise be proved, an officer may subpoena the witness on the grantee's verified application. [^rpl-305-compel-witness] The proof form recites that the subscribing witness was present and saw the execution. [^rpl-309b-witness-form] Our reading is that this contemplates a witness physically present at the signing, but the statutes do not say so expressly, and no New York statute or appellate decision found in our review addresses a subscribing witness who watched the signing by video. Executive Law § 135-c authorizes notaries to act by audio-video technology; it does not address how a subscribing witness sees the execution. [^exec-135c-witness-scope] ## Can a New York notary acknowledge a deed remotely? {#new-york-electronic-notarization} **Short answer.** Yes: since January 31, 2023, a New York notary registered as an electronic notary may take an acknowledgment by audio-video technology under Executive Law § 135-c, if the notary is physically in New York and the instrument may be signed electronically. [^exec-135c-authorization] [^exec-135c-types-and-location] [^s7780-effective-date] [^exec-135c-registration] The key conditions in the statute and in the Department of State's rules at Part 182 of Title 19 of the New York Codes, Rules and Regulations (NYCRR) are listed below; the list is a guide to the main requirements, not a complete compliance checklist. 1. **Registration.** The notary must register the capability to notarize electronically with the Secretary of State before performing any electronic notarial act. [^exec-135c-registration] 2. **Notary in New York, compliant providers.** The notary must be physically within New York, must use a network that permits location detection without disguising the notary's location, and may use only vendors and providers that meet the Part 182 standards. [^nycrr-182-4-electronic-notary-duties] 3. **Signer anywhere.** The signer may be anywhere; if the signer is outside the United States, the record must concern a matter before a United States court or authority, or involve United States property or a transaction substantially connected with the United States, and the notary must obtain the signer's verbal confirmation of that on the recording. [^exec-135c-types-and-location] [^exec-135c-outside-united-states] [^nycrr-182-4-certificate-and-foreign-signer] 4. **Identity.** A signer not personally known to the notary must pass identity verification through the communication technology, credential analysis and third-party identity proofing. [^nycrr-182-5-remote-identity] 5. **Live audio-video and recording.** The technology must allow the notary and signer to see and speak to each other in real time throughout the act, and the notary must keep a recording of the complete act for at least ten years. [^nycrr-182-8-technology-recording] [^nycrr-182-8-recording-contents] [^exec-135c-recording-retention] 6. **Electronic record and signature.** The instrument must be one that may be signed with an electronic signature, the notary must be able to confirm that it is the same instrument the signer signed, and the notary attaches a reliable electronic signature, backed by a digital certificate, whose removal or alteration is detectable. [^exec-135c-types-and-location] [^exec-135c-notary-signature] [^nycrr-182-4-certificate-and-foreign-signer] 7. **Certificate statement.** The certificate must state that the person acknowledging appeared through use of communication technology. [^exec-135c-certificate-statement] [^nycrr-182-4-certificate-and-foreign-signer] 8. **Disqualification and records.** The notary may not act in a transaction in which the notary is a party or directly and pecuniarily interested, and must keep the records Part 182 requires; the Department of State describes these as a journal of all notarial acts plus the audio-video record. [^nycrr-182-3-disqualification-records] [^dos-faq-electronic-journal] An act performed in conformity with § 135-c satisfies any requirement that the signer personally appear before the notary, notwithstanding the Real Property Law's acknowledgment article, unless a law expressly excludes the authorization. [^exec-135c-personal-appearance] No New York law found in our review expressly excludes deeds. For an ordinary deed that takes effect during the grantor's life, the signing-method condition is met: a 2011 law amended the Electronic Signatures and Records Act to allow electronic signatures and records with conveyances recordable under the Real Property Law, the Act gives an electronic signature the same validity and effect as a handwritten one unless a law specifically provides otherwise, and none of its three listed exceptions, for documents disposing of property on death or incompetence, title instruments whose possession confers title, and documents the electronic facilitator excepts, names conveyances. [^nycrr-540-1-chapter-549] [^stl-304-electronic-signature-effect] [^stl-307-death-incompetence] [^stl-307-exceptions] A transfer on death deed is different: it transfers property effective at the transferor's death, and the Act does not apply to a document providing for the disposition of an individual's property upon death. [^rpl-424-tod-effective-at-death] [^stl-307-death-incompetence] Our reading is that the electronic-signature route described here does not reach a transfer on death deed. The electronic-recording rules also contemplate an electronically notarized real-property instrument, requiring the signer to appear before the notary and the notary to identify the signer under Part 182. [^nycrr-540-7-notarization-real-property] No New York appellate decision addressing an electronically notarized deed was found in our review. The effective date comes from two chapter laws. Chapter 767 of the Laws of 2021, signed on December 22, 2021, first enacted the electronic notarization section as Executive Law § 137-a, and chapter 104 of the Laws of 2022, signed on February 24, 2022, renumbered it as § 135-c and moved its effective date to January 31, 2023. [^assembly-s1780-chapter-767] [^assembly-s7780-chapter-104] [^s7780-section-135c-renumbering] [^s7780-effective-date] A notary may still decline an electronic notarial act if not satisfied of the signer's competence or capacity or that the signature is knowing and voluntary. [^exec-135c-notary-may-refuse] ## Does New York recognize an online notarization of a New York deed by a notary commissioned in another state? {#out-of-state-online-notary} **Short answer.** In the absence of a New York statute, regulation or appellate decision on point in our review, our reading favors recognizing another state's online notarization of a New York deed when the signer is in the notary's state and leaves it open when the signer is in New York. [^rpl-299a-equivalence-online] [^rpl-298-in-state-list-online] When the signer and notary are both in the notary's state, our reading favors recognition under §§ 299 and 299-a(4), provided that state's law authorizes the online act and the deed is otherwise entitled to record. [^rpl-299-notary-online] [^rpl-299a-equivalence-online] A notary acting within the notary's territorial jurisdiction is a § 299(1) officer, and the notary's signature and title conclusively establish authority to take the acknowledgment. [^rpl-299-notary-online] [^rpl-299-conclusive-authority-online] Section 299-a(4) treats an acknowledgment taken in the manner prescribed by the notary's own jurisdiction as equivalent to a New York-form acknowledgment and requires it to be recorded if otherwise entitled to record. [^rpl-299a-equivalence-online] Reading an online act authorized by the notary's home-state law as taken in that state's prescribed manner is our inference; no New York decision applying § 299-a(4) to an online acknowledgment was found in our review. When the signer is in New York, the argument for recognition treats the act as made where the notary is: § 299-a(4) accepts an acknowledgment taken in the manner prescribed by the notary's own jurisdiction, and nothing in §§ 299 or 299-a says that the signer's location controls. [^rpl-299a-equivalence-online] [^rpl-299-notary-online] That argument is our inference. Three textual points weigh against it: 1. **Place.** Section 299(1) applies to an acknowledgment made outside New York, and it does not say whether an audio-video acknowledgment is made where the signer is or where the notary is. [^rpl-299-notary-online] 2. **In-state officers.** If the act is made in New York, § 298 governs, and its list includes a notary public without saying which state's. [^rpl-298-in-state-list-online] Section 313 extends the term notary public to any person appointed to perform notarial functions in §§ 299, 301, 308 and 311, but not in § 298, which suggests that § 298 means a New York notary; that reading is our inference. [^rpl-313-notary-definition] 3. **Personal appearance.** Executive Law § 135-c(10) displaces personal-appearance requirements only for acts performed in conformity with § 135-c, which governs New York notaries physically in New York. [^exec-135c-appearance-online] [^exec-135c-location-online] Section 135-c does not itself bar recognizing another state's act under §§ 299 and 299-a, but it supplies no New York authority for an appearance by video before an out-of-state notary. The statutory certificate wording is a weak argument either way. New York's out-of-state form recites that the signer personally appeared, but a certificate only *may* follow that form, and § 299-a(4) accepts the notary's own jurisdiction's manner. [^rpl-309b-personally-appeared] [^rpl-299a-equivalence-online] No Department of State guidance, New York City Register or county clerk guidance, or publicly available title-underwriter bulletin addressing a New York deed notarized online by another state's notary was found in our review. The recording rules do not require a recording officer to verify or authenticate electronic signatures or notarizations, so our inference is that a recording office's acceptance of such a deed does not settle the question. [^nycrr-540-7-no-verification-online] A New York electronic notary physically in New York avoids the question, because § 135-c lets that notary act for a signer located anywhere. [^exec-135c-location-online] ## Does the COVID-era executive order on remote notarization still apply to New York deeds? {#covid-executive-order} **Short answer.** No: Executive Order 202.7 authorized notarial acts by audio-video technology from March 19, 2020, and Executive Order 210 rescinded the entire Executive Order 202 series effective June 25, 2021. [^eo-202-7-notarial-directive] [^eo-202-7-signing-date] [^eo-210-rescission] Executive Order 202.7 attached six conditions to a notarial act by audio-video technology: [^eo-202-7-notarial-directive] 1. A signer not personally known to the notary had to present valid photo identification during the video conference. 2. The conference had to allow direct interaction between the signer and the notary. 3. The signer had to affirmatively represent being physically in New York. 4. The signer had to transmit a legible copy of the signed document to the notary on the date of signing. 5. The notary could notarize the transmitted copy and send it back. 6. The notary could repeat the notarization on the original, as of the execution date, if the notary received the original with the notarized copy within thirty days. The order's own directives ran through April 18, 2020. [^eo-202-7-term] Later orders in the series that extended the directives were not reviewed for this guide. Executive Order 210, issued June 24, 2021 as the state disaster emergency ended, rescinded Executive Orders 202 through 202.111 effective June 25, 2021. [^eo-210-rescission] [^governor-emergency-ending-release] Remote notarization next became available by statute. Chapter 104 of the Laws of 2022 added a temporary remote ink notarization section that took effect immediately, required the notary to be physically in New York, and expired when the electronic notarization section took effect on January 31, 2023. [^s7780-temporary-rin-location] [^s7780-rin-expiry] [^assembly-s7780-signing] The Department of State confirms that remote ink notarization has not been permitted since January 31, 2023 and that only electronic notarization is now permitted. [^dos-faq-rin-ended] No New York authority for remote notarization between June 25, 2021 and February 24, 2022 was found in our review. For a deed acknowledged remotely, the authority actually in force on the date of the act decides its validity; for an act under the Executive Order 202 series, that includes confirming which extension order covered the date. ## Will a New York county clerk or the New York City Register record an electronically notarized or electronically signed deed? {#recording-offices} **Short answer.** A county clerk, city registrar or other recording officer must accept a paper copy of an electronically notarized deed that a notary has certified as a true copy and that is otherwise eligible for recording, but no recording office is required to accept electronic recording itself. [^exec-135c-paper-copy-acceptance] [^rpl-291i-recording-discretionary] Two channels exist, and they answer different questions: 1. **Papering out.** The notary who performed the electronic act may certify that a printed copy of the signature page and document type is an accurate copy of the electronic record, dating and signing the certification and complying with Executive Law § 137; a certificate of authenticity in substantially the statutory form is sufficient, and the recording officer must accept a certified copy that is otherwise eligible for recording. [^exec-135c-paper-copy-acceptance] The Department of State's guidance says paper copies of electronically notarized documents must be accepted through this process. [^dos-faq-papering-out] 2. **Electronic recording.** A county clerk's decision to accept electronic recording is discretionary, but once a clerk permits it, the county must accept such electronic recordings; an electing recording officer accepts one or more of the industry-standard recording models, and only some models carry electronic signatures. [^rpl-291i-recording-discretionary] [^nycrr-540-7-recording-models] For an electronic record, a notarization requirement is met by the notary's electronic signature with all other required information attached or logically associated, without an image of a stamp or seal. [^rpl-291i-electronic-notarization] A recording officer that accepts electronic recording may accept documents only from registered submitters and is not required to verify electronic signatures or notarizations. [^nycrr-540-7-submitters-verification] In New York City, the City Register's Office has accepted electronic submissions through the Automated City Register Information System (ACRIS) since July 2013, one registration covers Manhattan, Brooklyn, Queens and the Bronx, and electronic submission is optional. [^acris-faq-since-2013] [^acris-faq-boroughs] [^acris-faq-optional] For Staten Island, the city's transfer-tax guidance directs the paper return to the Richmond County Clerk. [^nyc-rptt-staten-island] Outside the city, each county sets up its own program; the Westchester County Clerk, for instance, has accepted all land-records documents electronically since September 24, 2012. [^westchester-erecording-2012] Both offices describe submitting scanned PDF or similar image files, which shows an electronic delivery channel, not acceptance of every natively electronic deed format. [^westchester-scan-format] [^acris-faq-scan-pdf] Neither the City Register's e-recording guidance nor the Westchester County Clerk's land-records page, reviewed on October 6, 2026, addresses electronically notarized deeds, and no statewide county-clerk guidance on the subject was found in our review. A defect in the recorded image is not conclusive either. In *80P2L LLC v. U.S. Bank Trust, N.A.*, the City Register's image of a mortgage showed no notary stamp, but the Appellate Division majority found the mortgage properly acknowledged on proof that included the original inked mortgage and the notary's affidavit, and held that a later purchaser had constructive notice of it. [^eighty-p2l-missing-stamp] [^eighty-p2l-constructive-notice] The certificate of an acknowledgment taken within New York must conform substantially to the § 309-a(1) form, which recites that the signer was personally known to the officer or proved on satisfactory evidence to be the person whose name is subscribed. [^dos-li03-must-conform-recording] [^rpl-309a-identity-recital-recording] A New York notary's remote online notarial certificate under § 135-c must also state that the signer appeared through use of communication technology. [^exec-135c-certificate-statement-recording] > [!NOTE] > **Practice note.** > > Omitting the communication-technology statement from a New York notary's remote online notarial certificate, or the identity recital from a certificate that must follow the § 309-a(1) form, leaves the certificate noncompliant even if the clerk accepts the deed. [^dos-li03-must-conform-recording] [^rpl-309a-identity-recital-recording] [^exec-135c-certificate-statement-recording] [^nycrr-540-7-submitters-verification] Section 333 also lists conditions a recording officer checks before recording: 1. **Residences of the parties** must be stated, with street and number where there is one. [^rpl-333-residences] 2. **Location** must state the city, town and village of the land, for a deed executed after September 1, 1955. [^rpl-333-location] 3. **Transfer report or tax receipt** must accompany the conveyance, as the question on transfer-tax forms explains. [^rpl-333-transfer-report] 4. **English language** is required for the conveyance, certificate and authentication, unless a duly executed translation is attached. [^rpl-333-english-language] Subdivisions 1-a and 1-d each say that the omission they address does not invalidate the conveyance or impair title founded on it, and subdivision 1-e(v)(1) says the same for omissions or errors in the report items listed in subdivision 1-e(ii); the English-language rule in subdivision 2 contains no such clause. [^rpl-333-residences] [^rpl-333-location] [^rpl-333-report-items-saving] [^rpl-333-english-language] ## Does a New York statute cure a recorded deed with a defective acknowledgment or certificate? {#curative-statutes} **Short answer.** Real Property Law § 306 deems a recorded conveyance duly acknowledged or proved and properly authenticated ten years after recording, saving the rights of a good-faith purchaser for value who takes from the same grantor, or the grantor's heirs or devisees, and records before the ten years run. [^rpl-306-ten-year-cure] The ten-year rule concerns acknowledgment or proof and authentication, which are elements (iv) and (v) and the authentication rules covered in the question on certificates of conformity. [^rpl-306-ten-year-cure] It runs from recording, not from execution, and it does not supply a missing writing, subscription or delivery, which elements (i) through (iii) separately require. [^rpl-306-ten-year-cure] [^gol-5-703-curative-scope] [^rpl-244-curative-delivery] Executive Law § 142-a separately saves the acts of a notary or commissioner of deeds who had been appointed or commissioned before acting from six listed defects in the officer's own status: [^exec-142a-validity] 1. Ineligibility to be appointed or commissioned. 2. A misnomer, misspelling or other error in the appointment or commission. 3. Failure to take or file the official oath or otherwise qualify. 4. Expiration of the term, commission or appointment. 5. Vacating the office by a change of residence, another public office or other action. 6. Acting outside the jurisdiction where the officer was authorized to act. During the first six months after the act, § 142-a cannot be invoked by a person who knew of the defect or for a defect apparent on the face of the certificate. [^exec-142a-knowledge-limit] The section does not enlarge the officer's actual authority. [^exec-142a-no-enlargement] The Department of State's frequently asked questions describe § 142-a as protecting a document notarized by a person who was not commissioned; the statute's text is narrower, reaching only an officer appointed or commissioned before the act. [^dos-faq-142a-description] [^exec-142a-validity] Two narrower savings provisions apply to element (v) and to recording conditions. A notary's failure to print the statement of authority that Executive Law § 137 requires does not invalidate the act. [^exec-137-curative-no-invalidity] Real Property Law § 333(1-e)(v)(1) preserves the conveyance and title despite omissions or errors in the listed transfer-report items. [^rpl-333-curative-saving] The English-language requirement in § 333(2) has no comparable saving clause. [^rpl-333-english-curative] ## Which transfer-tax and transfer-report forms travel with a New York deed? {#transfer-tax-forms} **Short answer.** Tax Law § 1409 requires the grantor and grantee to file a joint transfer tax return for each conveyance, whether or not tax is due and subject to one public-utility exception, and the return or a receipt for it must reach the recording officer before the deed is recorded. [^tax-1409-joint-return] [^tax-1409-before-recording] The exception covers a conveyance of an easement or license to a qualifying public utility or telecommunication services provider where the consideration is two dollars or less and is clearly stated as actual consideration in the instrument. [^tax-1409-joint-return] At a high level, the forms are: 1. **State transfer tax return.** Form TP-584 is filed for each conveyance within fifteen days after delivery of the deed, ordinarily with the recording officer of the county where the land lies, or directly with the Department of Taxation and Finance if the deed will not be recorded in time; Form TP-584-NYC is the version for New York City property. [^tp-584-who-files] [^tp-584-when-where] [^tp-584-nyc-city-scope] [^tp-584-nyc-who-files] 2. **Real property transfer report.** Real Property Law § 333(1-e) bars recording a conveyance unless it is accompanied by the prescribed transfer report form and fee, or by a Department of Taxation and Finance receipt. [^rpl-333-transfer-report-forms] The Department of Taxation and Finance directs filers to download and use only its Form RP-5217-PDF, and for New York City sales to use the Automated City Register Information System (ACRIS) instead, except on Staten Island, where Form RP-5217-NYC is used. [^rp-5217-pdf-only] [^rp-5217-nyc-note] 3. **City transfer tax return.** For New York City property, the city's Real Property Transfer Tax return is part of a packet of forms that must be created online through ACRIS. [^nyc-rptt-acris-packet] This guide does not address tax rates, exemptions, the mansion tax or the mortgage recording tax. [^about]: By Steven Obiajulu, J.D. Published by [openagreements.org](https://openagreements.org). Last reviewed 2026-10-06. License: CC BY 4.0. Steven Obiajulu, J.D. is admitted in New York. This article synthesizes New York primary law and is not legal advice. This article is for informational purposes only and does not create an attorney-client relationship. Source excerpts and linked materials belong to their owners. CC BY 4.0. Cite as Steven Obiajulu, *Notary and Deed-Execution Requirements Under New York Law*, OpenAgreements (last updated October 6, 2026), https://openagreements.org/practice-guides/deed-execution/us/new-york. [^gol-5-703-writing-subscribed]: **N.Y. Gen. Oblig. Law § 5-703(1) — Conveyances concerning real property required to be in writing** — "1. An estate or interest in real property, other than a lease for a term not exceeding one year, or any trust or power, over or concerning real property, or in any manner relating thereto, cannot be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing." *N.Y. Gen. Oblig. Law § 5-703(1) (2026).* [^rpl-244-delivery-effect]: **N.Y. Real Prop. Law § 244 — When grant takes effect** — "A grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law, now in force, in respect to the delivery of deeds, apply to grants hereafter executed." *N.Y. Real Prop. Law § 244 (2026).* [^rpl-291-recording-condition]: **N.Y. Real Prop. Law § 291 — Recording of conveyances** — "A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk or city registrar where applicable shall, upon the request of any party, on tender of the lawful fees therefor, record the same in said office." *N.Y. Real Prop. Law § 291 (2026).* [^rpl-292-who-acknowledges]: **N.Y. Real Prop. Law § 292 — By whom conveyance must be acknowledged or proved** — "Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness." *N.Y. Real Prop. Law § 292 (2026).* [^rpl-306-certificate-content]: **N.Y. Real Prop. Law § 306 — Certificate of acknowledgment or proof** — "A person taking the acknowledgement or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgement or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence." *N.Y. Real Prop. Law § 306 (2026).* [^rpl-243-subscription-witness]: **N.Y. Real Prop. Law § 243 — Grant of fee or freehold** — "A grant in fee or of a freehold estate, must be subscribed by the person from whom the estate or interest conveyed is intended to pass, or by his lawful agent thereunto authorized in writing. If not duly acknowledged before its delivery, according to the provisions of this chapter, its execution and delivery must be attested by at least one witness, or, if not so attested, it does not take effect as against a subsequent purchaser or incumbrancer until so acknowledged." *N.Y. Real Prop. Law § 243 (2026).* [^rpl-318-certificate-recorded]: **N.Y. Real Prop. Law § 318 — Certificate to be recorded** — "The certificate of the acknowledgment or proof of the execution of an instrument, and the certificate authenticating the signature or seal of the officer so certifying, or both, if required, must be recorded together with the instrument so acknowledged or proved; otherwise neither the record of the instrument nor a transcript thereof can be read in evidence." *N.Y. Real Prop. Law § 318 (2026).* [^galetta-unacknowledged-deed-parties]: **Galetta v. Galetta** — "Although an unacknowledged deed cannot be recorded (rendering it invalid against a subsequent good faith purchaser for value) it may still be enforceable between the parties to the document (i.e., the grantor and the purchaser)." *Galetta v. Galetta, 21 N.Y.3d 186 (2013).* [^rpl-291-unrecorded-void]: **N.Y. Real Prop. Law § 291 — Recording of conveyances** — "Every such conveyance not so recorded is void as against any person who subsequently purchases or acquires by exchange or contracts to purchase or acquire by exchange, the same real property or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in section two hundred ninety-four-a of this article, in good faith and for a valuable consideration, from the same vendor or assignor, his distributees or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void as against the lien upon the same real property or any portion thereof arising from payments made upon the execution of or pursuant to the terms of a contract with the same vendor, his distributees or devisees, if such contract is made in good faith and is first duly recorded." *N.Y. Real Prop. Law § 291 (2026).* [^rpl-333-recording-report-condition]: **N.Y. Real Prop. Law § 333(1-e)(i) — Transfer report or receipt** — "1-e. i. A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following: (1) a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law; or (2) a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant to subdivision three of this section." *N.Y. Real Prop. Law § 333(1-e)(i) (2026).* [^rpl-424-tod-requirements]: **N.Y. Real Prop. Law § 424(7) — Transfer on death deed requirements** — "7. Requirements. A transfer on death deed: (a) except as otherwise provided in this subdivision, shall contain the essential elements and formalities of a properly recordable inter vivos deed; (b) shall state that the transfer to the designated beneficiary is to occur at the transferor's death; (c) shall be signed by two witnesses who were present at the same time and who witnessed the signing of the transfer on death deed; (d) shall be acknowledged before a notary public; and (e) shall be recorded before the transferor's death in the public records in the county clerk's office of the county where the property is located in the same manner as any other type of deed." *N.Y. Real Prop. Law § 424(7) (2026).* [^rpl-424-tod-no-delivery]: **N.Y. Real Prop. Law § 424(8) — Delivery not required** — "8. Notice, delivery, acceptance, consideration not required. A transfer on death deed shall be effective without: (a) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (b) consideration." *N.Y. Real Prop. Law § 424(8) (2026).* [^rpl-291-acknowledged-to-record]: **N.Y. Real Prop. Law § 291 — Recording of conveyances** — "A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk or city registrar where applicable shall, upon the request of any party, on tender of the lawful fees therefor, record the same in said office." *N.Y. Real Prop. Law § 291 (2026).* [^galetta-three-provisions]: **Galetta v. Galetta** — "Three provisions of the Real Property Law must be read together to discern the requisites of a proper acknowledgment. Real Property Law § 292 requires that the party signing the document orally acknowledge to the notary public or other officer that he or she in fact signed the document." *Galetta v. Galetta, 21 N.Y.3d 186, 192 (2013).* [^galetta-certificate-purpose]: **Galetta v. Galetta** — "The purpose of the certificate of acknowledgment is to establish that these requirements have been satisfied: (1) that the signer made the oral declaration compelled by Real Property Law § 292; and (2) that the notary or other official either actually knew the identity of the signer or secured ‘satisfactory evidence’ of identity ensuring that the signer was the person described in the document." *Galetta v. Galetta, 21 N.Y.3d 186, 192 (2013).* [^rpl-292-acknowledgment-signer]: **N.Y. Real Prop. Law § 292 — By whom conveyance must be acknowledged or proved** — "Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness." *N.Y. Real Prop. Law § 292 (2026).* [^rpl-303-identity-requisite]: **N.Y. Real Prop. Law § 303 — Requisites of acknowledgments** — "An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument." *N.Y. Real Prop. Law § 303 (2026).* [^rpl-306-certificate-acknowledgment]: **N.Y. Real Prop. Law § 306 — Certificate of acknowledgment or proof** — "A person taking the acknowledgement or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgement or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence." *N.Y. Real Prop. Law § 306 (2026).* [^rpl-309a-uniform-form]: **N.Y. Real Prop. Law § 309-a(1) — Uniform form of certificate of acknowledgment within this state** — "personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.)" *N.Y. Real Prop. Law § 309-a(1) (2026).* [^dos-li03-uniform-forms]: **N.Y. Department of State, Legal Memorandum LI03: New Acknowledgement Forms for Notaries Public** — "As of September 1, 1999, acknowledgments must conform substantially with those contained in section 309-a." *N.Y. Dep't of State, Legal Memorandum LI03, New Acknowledgement Forms for Notaries Public.* [^rpl-309b-outside-form]: **N.Y. Real Prop. Law § 309-b(1) — Uniform form of certificate of acknowledgment without this state** — "1. The certificate of an acknowledgement, without this state, of a conveyance or other instrument with respect to real property situate in this state, by a person, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country ) ss.: On the _______ day of __________ in the year _______ before me, the undersigned, personally appeared ______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument." *N.Y. Real Prop. Law § 309-b(1) (2026).* [^galetta-identity-omission-defective]: **Galetta v. Galetta** — "Absent the omitted language, the certificate does not indicate either that the notary public knew the husband or had ascertained through some form of proof that he was the person described in the prenuptial agreement." *Galetta v. Galetta, 21 N.Y.3d 186, 193 (2013).* [^galetta-certificate-nonconforming]: **Galetta v. Galetta** — "Thus, we agree with the Appellate Division, which unanimously concluded that the certificate of acknowledgment did not conform with statutory requirements." *Galetta v. Galetta, 21 N.Y.3d 186, 194 (2013).* [^galetta-core-component]: **Galetta v. Galetta** — "There is no indication in Weinstein that any of the substantive elements of an acknowledgment were lacking—rather, in that case the parties merely used different verbiage to establish that the Real Property Law had been followed, a deviation in form (in light of Real Property Law § 309-a) but not substance. The same is not true here where a core component of a valid acknowledgment was not referenced in the certificate." *Galetta v. Galetta, 21 N.Y.3d 186, 194 (2013).* [^galetta-dom-rel-deed-standard]: **Galetta v. Galetta** — "Prenuptial agreements are addressed in Domestic Relations Law § 236 (B) (3), which provides: ‘An agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded.’" *Galetta v. Galetta, 21 N.Y.3d 186, 191 (2013).* [^galetta-incomplete-not-absent]: **Galetta v. Galetta** — "But this case does not involve the complete absence of an acknowledgment; rather, there was an attempt to secure an acknowledged document but there was an omission in the requisite language of the certificate of acknowledgment." *Galetta v. Galetta, 21 N.Y.3d 186, 196 (2013).* [^galetta-cure-undecided]: **Galetta v. Galetta** — "In this case, however, we need not definitively resolve the question of whether a cure is possible because, similar to what occurred in Matisoff , the proof submitted here was insufficient." *Galetta v. Galetta, 21 N.Y.3d 186, 197 (2013).* [^galetta-cure-theory]: **Galetta v. Galetta** — "Thus, the husband makes a strong case for a rule permitting evidence to be submitted after the fact to cure a defect in a certificate of acknowledgment when that evidence consists of proof that the acknowledgment was properly made in the first instance—that at the time the document was signed the notary or other official did everything he or she was supposed to do, other than include the proper language in the certificate." *Galetta v. Galetta, 21 N.Y.3d 186, 197 (2013).* [^galetta-affidavit-conclusory]: **Galetta v. Galetta** — "In his affidavit, the notary public did not state that he actually recalled having acknowledged the husband’s signature, nor did he indicate that he knew the husband prior to acknowledging his signature. The notary averred only that he recognized his own signature on the certificate and that he had been employed at a particular bank at that time (corroborating the husband’s statement concerning the circumstances under which he executed the document). As for the procedures followed, the notary had no independent recollection but maintained that it was his custom and practice ‘to ask and confirm that the person signing the document was the same person named in the document’ and he was ‘confident’ he had done so when witnessing the husband’s signature. We have held that a party can rely on custom and practice evidence to fill in evidentiary gaps ‘where the proof demonstrates a deliberate and repetitive practice by a person in complete control of the circumstances’ (Rivera v Anilesh, 8 NY3d 627, 634 [2007] [internal quotation marks and citation omitted]), thereby creating a triable question of fact as to whether the practice was followed on the relevant occasion. But the averments presented by the notary public in this case are too conclusory to fall into this category." *Galetta v. Galetta, 21 N.Y.3d 186, 197 (2013).* [^exec-137-notary-statement]: **N.Y. Exec. Law § 137 — Statement as to authority of notaries public** — "In exercising powers pursuant to this article, a notary public, in addition to the venue of the act and signature of such notary public, shall print, typewrite, stamp, or affix by electronic means where performing an electronic notarial act in conformity with section one hundred thirty-five-c of the executive law, beneath their signature in black ink, the notary public's name, the words ‘Notary Public State of New York,’ the name of the county in which such notary public originally qualified, and the expiration date of such notary public's commission" *N.Y. Exec. Law § 137 (2026).* [^exec-137-filing-and-attorney]: **N.Y. Exec. Law § 137 — County filing and attorney alternative** — "In exercising powers pursuant to this article, a notary public, in addition to the venue of the act and signature of such notary public, shall print, typewrite, stamp, or affix by electronic means where performing an electronic notarial act in conformity with section one hundred thirty-five-c of the executive law, beneath their signature in black ink, the notary public's name, the words ‘Notary Public State of New York,’ the name of the county in which such notary public originally qualified, and the expiration date of such notary public's commission and, in addition, wherever required, a notary public shall also include the name of any county in which such notary public's certificate of official character is filed," *N.Y. Exec. Law § 137 (2026).* [^exec-137-attorney-wording]: **N.Y. Exec. Law § 137 — Attorney wording alternative** — "A notary public who is duly licensed as an attorney and counsellor at law in this state may substitute the words ‘Attorney and Counsellor at Law’ for the words ‘Notary Public.’" *N.Y. Exec. Law § 137 (2026).* [^exec-137-nyc-official-number]: **N.Y. Exec. Law § 137 — Statement as to authority of notaries public** — "A notary public who has qualified or who has filed a certificate of official character in the office of the clerk in a county or counties within the city of New York must also affix to each instrument such notary public's official number or numbers in black ink, as assigned by the clerk or clerks of such county or counties at the time such notary qualified in such county or counties and, if the instrument is to be recorded in an office of the register of the city of New York in any county within such city and the notary has been given a number or numbers by such register or his predecessors in any county or counties, when the notary public's autographed signature and certificate are filed in such office or offices pursuant to this chapter, the notary public shall also affix such number or numbers." *N.Y. Exec. Law § 137 (2026).* [^exec-137-no-invalidity]: **N.Y. Exec. Law § 137 — Statement as to authority of notaries public** — "No official act of such notary public shall be held invalid on account of the failure to comply with these provisions. If any notary public shall willfully fail to comply with any of the provisions of this section, the notary public shall be subject to disciplinary action by the secretary of state." *N.Y. Exec. Law § 137 (2026).* [^rpl-298-in-state-officers]: **N.Y. Real Prop. Law § 298 — Acknowledgments and proofs within the state** — "The acknowledgment or proof, within this state, of a conveyance of real property situate in this state may be made: 1. At any place within the state, before (a) a justice of the supreme court; (b) an official examiner of title; (c) an official referee; or (d) a notary public. 2. Within the district wherein such officer is authorized to perform official duties, before (a) a judge or clerk of any court of record; (b) a commissioner of deeds outside of the city of New York, or a commissioner of deeds of the city of New York within the five counties comprising the city of New York; (c) the mayor or recorder of a city; (d) a surrogate, special surrogate, or special county judge; or (e) the county clerk or other recording officer of a county. 3. Before a justice of the peace, town council member, village police justice or a judge of any court of inferior local jurisdiction, anywhere within the county containing the town, village or city in which they are authorized to perform official duties." *N.Y. Real Prop. Law § 298 (2026).* [^rpl-299-out-of-state-officers]: **N.Y. Real Prop. Law § 299(1) — Acknowledgments and proofs without the state, but within the United States** — "1. The acknowledgment or proof of a conveyance of real property situate in this state, if made without the state but within the United States, within any territory, possession, or dependency of the United States, or within any place over which the United States, at the time when such acknowledgment or proof is taken, has or exercises jurisdiction, sovereignty, control, or a protectorate, may be made before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: (a) A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. (b) A mayor or other chief civil officer of any city or other political subdivision. (c) A notary public. (d) A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state. (e) Any person authorized, by the laws of the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is made, to take the acknowledgment or proof of deeds to be recorded therein." *N.Y. Real Prop. Law § 299(1) (2026).* [^rpl-299-signature-title-effect]: **N.Y. Real Prop. Law § 299(2)–(3) — Effect of officer's signature and title** — "2. The signature and title of an officer listed in subdivision one of this section who performs a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title. 3. The signature and title of a notarial officer described in paragraph (a), (c) or (d) of subdivision one of this section conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance." *N.Y. Real Prop. Law § 299(2)–(3) (2026) (as amended by L. 2024, ch. 502).* [^rpl-301-foreign-officers]: **N.Y. Real Prop. Law § 301 — Acknowledgments and proofs in foreign countries** — "The acknowledgment or proof of a conveyance of real property situate in this state may be made in foreign countries before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: 1. An ambassador, envoy, minister, charge d'affaires, secretary of legation, consul-general, consul, vice-consul, consular agent, vice-consular agent, or any other diplomatic or consular agent or representative of the United States, appointed or accredited to, and residing within, the country where the acknowledgment or proof is taken. 2. A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. 3. A mayor or other chief civil officer of any city or other political subdivision. 4. A notary public. 5. A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state. 6. A person residing in, or going to, the country where the acknowledgment or proof is to be taken, and specially authorized for that purpose by a commission issued to him under the seal of the supreme court of the state of New York. 7. Any person authorized, by the laws of the country where the acknowledgment or proof is made, to take acknowledgments of conveyances of real estate or to administer oaths in proof of the execution thereof." *N.Y. Real Prop. Law § 301 (2026).* [^rpl-300-armed-forces]: **N.Y. Real Prop. Law § 300 — Acknowledgments and proofs by persons in or with the armed forces** — "The acknowledgment or proof of a conveyance of real property situate in this state, if made by a person enlisted or commissioned in or serving in or with the armed forces of the United States or by a dependent of any such person, wherever located, or by a person attached to or accompanying the armed forces of the United States, whether made within or without the United States, may be made before any officer in active service of the armed forces of the United States authorized to act as a notary in any component part of the armed forces of the United States." *N.Y. Real Prop. Law § 300 (2026).* [^rpl-300-certificate-details]: **N.Y. Real Prop. Law § 300 — Certificate details for armed-forces acknowledgments** — "In addition to the requirements of sections three hundred and three, three hundred and four, and three hundred and six of this chapter, the certificate of an acknowledgment or proof taken under this section shall state (a) the rank and serial number of the officer taking the same, and the command to which he is attached, (b) that the person making such acknowledgment or proof was, at the time of making the same, enlisted or commissioned in or serving in or with the armed forces of the United States or the dependent of such a person, or a person attached to or accompanying the armed forces of the United States, and (c) the serial number of the person who makes, or whose dependent makes the acknowledgment or proof if such person is enlisted or commissioned in the armed forces of the United States. The place where such acknowledgment or proof is taken need not be disclosed." *N.Y. Real Prop. Law § 300 (2026).* [^rpl-299a-no-conformity-certificate]: **N.Y. Real Prop. Law § 299-a(3) — No certificate of conformity for listed officers** — "3. No certificate of conformity may be required for an acknowledgment or proof taken without this state if the acknowledgment or proof is taken by and accompanied by the signature and title of a notarial officer listed in paragraph (a), (c) or (d) of subdivision one of section two hundred ninety-nine of this article." *N.Y. Real Prop. Law § 299-a(3) (2026) (added by L. 2024, ch. 502).* [^rpl-299-conformity-officer-kinds]: **N.Y. Real Prop. Law § 299(1) — Officers outside New York within the United States** — "1. The acknowledgment or proof of a conveyance of real property situate in this state, if made without the state but within the United States, within any territory, possession, or dependency of the United States, or within any place over which the United States, at the time when such acknowledgment or proof is taken, has or exercises jurisdiction, sovereignty, control, or a protectorate, may be made before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: (a) A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. (b) A mayor or other chief civil officer of any city or other political subdivision. (c) A notary public. (d) A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state. (e) Any person authorized, by the laws of the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is made, to take the acknowledgment or proof of deeds to be recorded therein." *N.Y. Real Prop. Law § 299(1) (2026).* [^assembly-s2271-chapter-502]: **New York State Assembly, Bill S02271 (2023–2024) — summary and actions** — "03/25/2024 | substituted for a3225 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 03/25/2024 | ordered to third reading cal.366 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 03/25/2024 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 03/25/2024 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 11/15/2024 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 11/22/2024 | SIGNED CHAP.502" *N.Y. State Assembly, Bill S02271 (2023–2024), Summary and Actions (signed Nov. 22, 2024, ch. 502).* [^rpl-299a-choice-of-manner]: **N.Y. Real Prop. Law § 299-a(1) — Acknowledgment to conform to law of New York or of place where taken** — "1. An acknowledgment or proof made pursuant to the provisions of section two hundred ninety-nine of this article may be taken in the manner prescribed either by the laws of the state of New York or by the laws of the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is taken. Except as provided in subdivision three of this section acknowledgment or proof, if taken in the manner prescribed by such state, District of Columbia, territory, possession, dependency, or other place, must be accompanied by a certificate to the effect that it conforms with such laws. Such certificate may be made by: (a) An attorney-at-law admitted to practice in the state of New York, resident in the place where the acknowledgment or proof is taken, or by (b) An attorney-at-law admitted to practice in the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is taken, or by (c) Any other person deemed qualified by any court of the state of New York, if, in any action, proceeding, or other matter pending before such court, it be necessary to determine that such acknowledgment or proof conforms with the laws of such state, District of Columbia, territory, possession, dependency, or other place; or by the supreme court of the state of New York, on application for such determination. The justice, judge, surrogate, or other presiding judicial officer shall append to the instrument so acknowledged or proved his signed statement that he deemed such person qualified to make such certificate." *N.Y. Real Prop. Law § 299-a(1) (2026).* [^rpl-301a-foreign-conformity]: **N.Y. Real Prop. Law § 301-a(1) — Acknowledgment to conform to law of New York or of foreign country** — "1. An acknowledgment or proof made pursuant to the provisions of section three hundred one of this chapter may be taken in the manner prescribed either by the laws of the state of New York or by the laws of the country where the acknowledgment or proof is taken. The acknowledgment or proof, if taken in the manner prescribed by the laws of such foreign country, must be accompanied by a certificate to the effect that it conforms with such laws." *N.Y. Real Prop. Law § 301-a(1) (2026).* [^rpl-311-general-no-authentication]: **N.Y. Real Prop. Law § 311(5) — No authentication or conformity certificate unless § 311 requires it** — "5. Except as provided in this section, no certificate of authentication or certificate of conformity shall be required to entitle a conveyance to be read in evidence or recorded in this state when acknowledged or proved before any officer designated in section two hundred ninety-nine or in section three hundred one of this article to take such acknowledgment or proof." *N.Y. Real Prop. Law § 311(5) (2026).* [^rpl-299a-equivalent-form]: **N.Y. Real Prop. Law § 299-a(4) — Equivalence of acknowledgment before listed officers** — "4. An instrument acknowledged or proved taken by and accompanied by the signature and title of a notarial officer listed in paragraph (a), (c) or (d) of subdivision one of section two hundred ninety-nine of this article and taken in the manner prescribed by the laws of such notarial officer's jurisdiction shall be equivalent to one taken or made in the form prescribed by law for use in this state. Such instrument, if otherwise entitled to record, filing, or registering, may be recorded, filed, or registered in any recording or filing office in this state, and shall be so recorded, filed or registered upon payment or tender of lawful fees therefor." *N.Y. Real Prop. Law § 299-a(4) (2026) (added by L. 2024, ch. 502).* [^assembly-s2271-sections-amended]: **New York State Assembly, Bill S02271 (2023–2024) — summary** — "Amd §§299, 299-a, 311 & 312, RP L; amd §2309, CPLR | | | | | | Clarifies requirements for acknowledgements, proofs, oaths and affirmations without the state." *N.Y. State Assembly, Bill S02271 (2023–2024), Summary.* [^s2271-effective-immediately]: **N.Y. S. 2271 (2023–2024 Reg. Sess.) — Clarifying requirements for acknowledgments without the state** — "§ 6. This act shall take effect immediately." *N.Y. S. 2271, § 6, 2023–2024 Reg. Sess. (enacted as L. 2024, ch. 502).* [^rpl-311-commissioner-and-foreign-notary]: **N.Y. Real Prop. Law § 311(1)–(2) — Authentication for commissioners of deeds and foreign notaries** — "1. When a certificate of acknowledgment or proof is made, either within or without the United States, by a commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state, except as provided in subdivision five of section one hundred eight of the executive law, unless such certificate is authenticated by the certificate of the secretary of state of the state of New York. 2. When a certificate of acknowledgment or proof is made by a notary public in a foreign country other than Canada, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state unless such certificate is authenticated (a) by the certificate of the clerk or other certifying officer of a court in the district in which such acknowledgment or proof was made, under the seal of such court, or (b) by the certificate of the clerk, register, recorder, or other recording officer of the district in which such acknowledgment or proof was made, or (c) by the certificate of the officer having charge of the official records of the appointment of such notary, or having a record of the signature of such notary, or (d) by the certificate of a consular officer of the United States resident in such country." *N.Y. Real Prop. Law § 311(1)–(2) (2026).* [^rpl-311-mayor-without-seal]: **N.Y. Real Prop. Law § 311(3) — Authentication for a mayor's certificate not under seal** — "3. When a certificate of acknowledgment or proof, made by the mayor or other chief civil officer of a city or other political subdivision, is not under the seal of such city or other political subdivision, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state unless such certificate is authenticated by the certificate of the clerk of such city or other political subdivision, or by the certificate of a consular officer of the United States resident in the country where the acknowledgment or proof was made." *N.Y. Real Prop. Law § 311(3) (2026).* [^rpl-311-local-law-officers]: **N.Y. Real Prop. Law § 311(4) — Authentication for persons authorized by local law** — "4. When a certificate of acknowledgment or proof is made pursuant to the provisions of paragraph (e) of subdivision one of section two hundred ninety-nine or of subdivision seven of section three hundred one of this article by an officer or person not elsewhere in either of said sections specifically designated to take acknowledgments or proofs, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded within this state unless such certificate is authenticated (a) by the certificate of the secretary of state of a state, or of the secretary of a territory, of the United States, or (b) by the certificate of any officer designated in subdivision three of this section to authenticate certificates of acknowledgment or proof, or (c) by the certificate of any officer designated in paragraph (a) or (b) of subdivision two of this section to authenticate certificates of acknowledgment or proof, or (d) by the certificate of the officer having charge of the official records showing that the person taking the acknowledgment or proof is such officer as he purports to be, or having a record of the signature of such person." *N.Y. Real Prop. Law § 311(4) (2026).* [^rpl-301a-certificate-makers]: **N.Y. Real Prop. Law § 301-a(1) — Who may make a certificate of conformity for a foreign acknowledgment** — "Such certificate may be made by (a) An attorney-at-law admitted to practice in the state of New York, resident in such foreign country, or by (b) A consular officer of the United States, resident in such foreign country, under the seal of his office, or by (c) A consular officer of such foreign country, resident in the state of New York, under the seal of his office, or by (d) Any other person deemed qualified by any court of the state of New York, if, in any action, proceeding, or other matter pending before such court, it be necessary to determine that such acknowledgment or proof conforms with the laws of such foreign country; or by the supreme court of the state of New York, on application for such determination. The justice, judge, surrogate, or other presiding judicial officer shall append to the instrument so acknowledged or proved his signed statement that he deemed such person qualified to make such certificate." *N.Y. Real Prop. Law § 301-a(1) (2026).* [^rpl-243-witness-alternative]: **N.Y. Real Prop. Law § 243 — Grant of fee or freehold** — "If not duly acknowledged before its delivery, according to the provisions of this chapter, its execution and delivery must be attested by at least one witness, or, if not so attested, it does not take effect as against a subsequent purchaser or incumbrancer until so acknowledged." *N.Y. Real Prop. Law § 243 (2026).* [^rpl-292-proof-by-witness]: **N.Y. Real Prop. Law § 292 — By whom conveyance must be acknowledged or proved** — "Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness." *N.Y. Real Prop. Law § 292 (2026).* [^rpl-424-tod-two-witnesses]: **N.Y. Real Prop. Law § 424(7) — Transfer on death deed requirements** — "7. Requirements. A transfer on death deed: (a) except as otherwise provided in this subdivision, shall contain the essential elements and formalities of a properly recordable inter vivos deed; (b) shall state that the transfer to the designated beneficiary is to occur at the transferor's death; (c) shall be signed by two witnesses who were present at the same time and who witnessed the signing of the transfer on death deed; (d) shall be acknowledged before a notary public; and (e) shall be recorded before the transferor's death in the public records in the county clerk's office of the county where the property is located in the same manner as any other type of deed." *N.Y. Real Prop. Law § 424(7) (2026).* [^rpl-304-witness-statements]: **N.Y. Real Prop. Law § 304 — Proof by subscribing witness** — "When the execution of a conveyance is proved by a subscribing witness, such witness must state his own place of residence, and if his place of residence is in a city, the street and street number, if any thereof, and that he knew the person described in and who executed the conveyance. The proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance." *N.Y. Real Prop. Law § 304 (2026).* [^dos-li03-witness-form]: **N.Y. Department of State, Legal Memorandum LI03: New Acknowledgement Forms for Notaries Public** — "Section 309-a also sets forth the certificate which must be used for a proof of execution by a subscribing witness, within New York State, of a conveyance or other instrument in respect to real property located in this State." *N.Y. Dep't of State, Legal Memorandum LI03, New Acknowledgement Forms for Notaries Public.* [^rpl-309b-witness-form]: **N.Y. Real Prop. Law § 309-b(2) — Uniform form of certificate of proof by subscribing witness without this state** — "2. The certificate for a proof of execution by a subscribing witness, without this state, of a conveyance or other instrument made by any person in respect to real property situate in this state, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country )ss.: On the _______ day of ________ in the year ________ before me, the undersigned, personally appeared ________________, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she resides in _____________________ (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she knows _____________ to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said _____________ execute the same; and that said witness at the same time subscribed his/her name as a witness thereto." *N.Y. Real Prop. Law § 309-b(2) (2026).* [^rpl-305-compel-witness]: **N.Y. Real Prop. Law § 305 — Compelling witnesses to testify** — "On the application of a grantee in a conveyance, his heir or personal representative, or a person claiming under either of them, verified by the oath of the applicant, stating that a witness to the conveyance, residing in the county where the application is made, refuses to appear and testify concerning its execution, and that such conveyance can not be proved without his testimony, any officer authorized to take, within the state, acknowledgment or proof of conveyance of real property may issue a subpoena, requiring such witness to attend and testify before him concerning the execution of the conveyance." *N.Y. Real Prop. Law § 305 (2026).* [^exec-135c-witness-scope]: **N.Y. Exec. Law § 135-c(2) — Electronic notarization** — "2. Any notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing audio-video communication technology that allows the notary public to interact with a principal, provided that all conditions of this section are met." *N.Y. Exec. Law § 135-c(2) (2026).* [^exec-135c-authorization]: **N.Y. Exec. Law § 135-c(2) — Electronic notarization** — "2. Any notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing audio-video communication technology that allows the notary public to interact with a principal, provided that all conditions of this section are met." *N.Y. Exec. Law § 135-c(2) (2026).* [^exec-135c-types-and-location]: **N.Y. Exec. Law § 135-c(4)(a) — Types of electronic notarial acts** — "4. Types of electronic notarial acts. (a) Any notarial act authorized by section one hundred thirty-five of this article may be performed electronically as prescribed by this section if: (i) for execution of any instrument in writing, under applicable law that document may be signed with an electronic signature and the notary public is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature; and (ii) the electronic notary public is located within the state of New York at the time of the performance of an electronic notarial act using communication technology, regardless of the location of the document signer." *N.Y. Exec. Law § 135-c(4)(a) (2026).* [^s7780-effective-date]: **N.Y. S. 7780 (2021–2022 Reg. Sess.), § 6 — Effective date of electronic notarization** — "§ 3. This act shall take effect [on the one hundred eightieth day after it shall have become a law] January 31, 2023." *N.Y. S. 7780, § 6, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).* [^exec-135c-registration]: **N.Y. Exec. Law § 135-c(3)(a) — Registration requirements** — "3. Registration requirements. (a) Before performing any electronic notarial act or acts, a notary public shall register the capability to notarize electronically with the secretary of state on a form prescribed by the secretary of state and upon payment of a fee which shall be set by regulation." *N.Y. Exec. Law § 135-c(3)(a) (2026).* [^nycrr-182-4-electronic-notary-duties]: **19 NYCRR § 182.4 — Additional requirements for electronic notaries** — "(a) In addition to the requirements set forth in section 182.3 of this Part, all notaries public who wish to perform electronic notarial acts in New York State must: (1) register the capability to notarize electronically with the secretary of state in compliance with this Part; (2) use only those vendors or providers who comply with the standards outlined in this Part and any communication or reporting relating to those standards as required by the secretary of state; (3) be physically located within the boundaries of New York when performing electronic notarial acts; (4) use a network that permits location detection when performing an electronic notarial act, meaning that no action, process or device shall be used to disguise or hide the actual location from which the electronic notary is performing the electronic notarial act, and that no function on any system or device used by an electronic notary that permits location detection shall be disabled or otherwise interfered with during the performance of an electronic notarial act;" *19 N.Y.C.R.R. § 182.4(a) (2026).* [^exec-135c-outside-united-states]: **N.Y. Exec. Law § 135-c(4)(a) — Signer outside the United States** — "If the principal is outside the United States, the record or subject of the notarial act: (1) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (2) shall involve property located in the territorial jurisdiction of the United States or shall involve a transaction substantially connected with the United States." *N.Y. Exec. Law § 135-c(4)(a) (2026).* [^nycrr-182-4-certificate-and-foreign-signer]: **19 NYCRR § 182.4(a)(5)–(9) — Electronic signature, certificate and foreign signers** — "(5) affix a reliable electronic signature to electronic records. An electronic signature is reliable if it is: (i) unique to the notary public; (ii) attached or logically associated with an electronic record by use of a digital certificate that utilizes public key infrastructure as defined in this Part and is capable of independent verification; (iii) retained under the notary's sole control; and (iv) linked to the data in such a manner that any subsequent alterations to the underlying record are detectable and may invalidate the electronic notarial act; (6) use their designated electronic signature only for the purpose of performing electronic notarial acts or as otherwise specified in this Part; (7) ensure the remote online notarial certificate for an electronic notarial act clearly states that the person making the acknowledgement or making the oath appeared using communication technology; (8) for execution of any instrument in writing, if under applicable law the record may be signed with an electronic signature, confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature; (9) if the principal is located outside of the United States, verify, through verbal confirmation made by the principal in the course of the recorded electronic notarial act, that the record or subject of the notarial act: (i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States;" *19 N.Y.C.R.R. § 182.4(a)(5)–(9) (2026).* [^nycrr-182-5-remote-identity]: **19 NYCRR § 182.5(c) — Satisfactory evidence of identity for remote signers** — "(c) For any individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public, satisfactory evidence of identity requires all of the following: (1) identity verification as outlined in subdivision (b) of this section, utilizing communication technology that meets the requirements set forth in this Part; (2) credential analysis that meets the requirements set forth in this Part; and (3) identity proofing by a third-party service provider that meets the requirements set forth in this Part." *19 N.Y.C.R.R. § 182.5(c) (2026).* [^nycrr-182-8-technology-recording]: **19 NYCRR § 182.8 — Communication technology** — "(a) The communication technology used to perform electronic notarial acts must: (1) permit sufficient audio and visual clarity to enable the notary and the person(s) for whom a notarial act is requested to see and speak to each other simultaneously through live, real-time transmission throughout the duration of the notarial act, through and including identity verification, identity proofing, the signature of any parties present during the transaction and the application of the notary's signature and seal without interruption;" *19 N.Y.C.R.R. § 182.8(a)(1) (2026).* [^nycrr-182-8-recording-contents]: **19 NYCRR § 182.8(b) — Recording of the electronic notarial act** — "(b) The electronic notary shall keep a copy of the recording of the video and audio conference that includes at minimum:(1) the complete notarial act, including the verification required by paragraph 9 of subdivision (a) of section 182.4 of this Part; (2) any signatures required for completion of the notarial act; and (3) a verbal description of the type of identification used. The recording shall not include the discussion or display of any personally identifiable information not subject to recordkeeping requirements set forth in section 182.9 of this Part, and must be maintained for a period of at least ten years from the date of transaction." *19 N.Y.C.R.R. § 182.8(b) (2026).* [^exec-135c-recording-retention]: **N.Y. Exec. Law § 135-c(2)(b) — Recording of audio-video conference** — "(b) If video and audio conference technology has been used to ascertain a document signer's identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. The recording shall be maintained for a period of at least ten years from the date of transaction." *N.Y. Exec. Law § 135-c(2)(b) (2026).* [^exec-135c-notary-signature]: **N.Y. Exec. Law § 135-c(5)(a) — Notary's electronic signature** — "5. Form and manner of performing the electronic notarial act. (a) When performing an electronic notarial act relating to execution of instruments in writing, a notary public shall apply an electronic signature, which shall be attached to the electronic record such that removal or alteration of such electronic signature is detectable and will render evidence of alteration of the document containing the notary signature which may invalidate the electronic notarial act." *N.Y. Exec. Law § 135-c(5)(a) (2026).* [^exec-135c-certificate-statement]: **N.Y. Exec. Law § 135-c(5)(d) — Remote online notarial certificate** — "(d) The remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgement or making the oath appeared through use of communication technology." *N.Y. Exec. Law § 135-c(5)(d) (2026).* [^nycrr-182-3-disqualification-records]: **19 NYCRR § 182.3(a) — Requirements for notaries** — "(a) All notaries public who wish to perform notarial acts in New York State, must: (1) satisfy the requirements of sections 130 and 131 of the Executive Law; (2) obtain satisfactory evidence of the identity of any principal or other individual appearing before the notary in a manner authorized by this Part; (3) require the personal appearance of all parties to any transaction for which a notarial act is required for the duration of any such transaction, except acts performed as authorized and in conformity with this Part and section 135-c of Executive Law unless a law expressly excludes such authorization; (4) administer any oath or affirmation as required by the law governing the transaction for which the notarial act is required and, regardless of the county of qualification, include and affix to each instrument requiring an oath or affirmation such notary public's official number; (5) disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction; (6) refuse to perform a notarial act when the requirements of this Part are not met, or if the notary is not satisfied that the official record or the presented record evidences the individual's capacity to act as the representative on the record presented for notarization; (7) maintain records as required by this Part;" *19 N.Y.C.R.R. § 182.3(a) (2026).* [^dos-faq-electronic-journal]: **N.Y. Department of State, Notary Public — Frequently Asked Questions** — "Additionally, electronic notaries must maintain a journal of all notarial acts as well as an audio & video record of all electronic notarial acts performed." *N.Y. Dep't of State, Notary Public — Frequently Asked Questions.* [^exec-135c-personal-appearance]: **N.Y. Exec. Law § 135-c(10) — Personal-appearance requirements** — "10. Notwithstanding article nine of the real property law or any other law to the contrary, any act performed in conformity with this section shall satisfy any requirements at law that a principal personally appear before, be in the presence of, or be in a single time and place with a notary public at the time of the performance of the notarial act, unless a law expressly excludes the authorization provided for in this section." *N.Y. Exec. Law § 135-c(10) (2026).* [^nycrr-540-1-chapter-549]: **9 NYCRR § 540.1(g) — Purpose: electronic recording of real-property instruments** — "Chapter 549 amended ESRA to allow for the use and acceptance of electronic signatures and records with conveyances and other instruments recordable under article nine of the Real Property Law. Chapter 549 also added a new section 291-i to the Real Property Law, permitting, but not requiring, recording officers to participate in electronic recording of instruments affecting real property." *9 N.Y.C.R.R. § 540.1(g) (2026).* [^stl-304-electronic-signature-effect]: **N.Y. State Tech. Law § 304(2) — Use of electronic signatures** — "2. In accordance with this section unless specifically provided otherwise by law, an electronic signature may be used by a person in lieu of a signature affixed by hand. The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand." *N.Y. State Tech. Law § 304(2) (2026).* [^stl-307-death-incompetence]: **N.Y. State Tech. Law § 307(1) — Exception for documents on death or incompetence** — "§ 307. Exceptions. This article shall not apply: * 1. To any document providing for the disposition of an individual's person or property upon death or incompetence, or appointing a fiduciary of an individual's person or property, including, without limitation, wills, trusts, decisions consenting to orders not to resuscitate, and powers of attorney, with the exception of: (a) contractual beneficiary designations; (b) the registration of making, amending, or revoking an anatomical gift under section forty-three hundred ten of the public health law; (c) documents and forms authorizing or accepting funeral, cemetery and cremation services; and (d) the execution of a valid power of attorney for the purpose of transferring a salvage certificate of title and the execution of an odometer and damage disclosure statement in connection with such title whenever a loss in connection with a private automobile is determined by an insurer to be a total loss or constructive total loss under section three thousand four hundred twelve of the insurance law. * NB Effective until December 12, 2027" *N.Y. State Tech. Law § 307(1) (2026).* [^stl-307-exceptions]: **N.Y. State Tech. Law § 307 — Exceptions** — "2. To any negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored or transferred pursuant to this article in a manner that allows for the existence of only one unique, identifiable and unalterable version which cannot be copied except in a form that is readily identifiable as a copy. 3. To any other document that the electronic facilitator has specifically excepted, pursuant to the rules and regulations of the electronic facilitator, from the application of this article." *N.Y. State Tech. Law § 307 (2026).* [^rpl-424-tod-effective-at-death]: **N.Y. Real Prop. Law § 424(3) — Transfer on death deed authorized** — "3. Transfer on death deed authorized. An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed." *N.Y. Real Prop. Law § 424(3) (2026).* [^nycrr-540-7-notarization-real-property]: **9 NYCRR § 540.7(e) — Notarization of electronic real-property instruments** — "(e) A notary shall perform a notarization of an instrument affecting real property that exists as an electronic record only where the signatory appears before the notary at the time of notarization to execute the record or to affirm a prior execution, as permitted by New York State law. The methods that a notary uses to identify a signatory shall comply with the regulations issued by the New York Department of State found in 19 NYCRR Part 182 ." *9 N.Y.C.R.R. § 540.7(e) (2026).* [^assembly-s1780-chapter-767]: **New York State Assembly, Bill S01780 (2021–2022) — summary and actions** — "06/09/2021 | substituted for a399b | ||||||||||||||||||||||||||||||||||||||||||||||||| | 06/09/2021 | ordered to third reading rules cal.654 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 06/09/2021 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 06/09/2021 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 12/10/2021 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 12/22/2021 | SIGNED CHAP.767" *N.Y. State Assembly, Bill S01780 (2021–2022), Summary and Actions (signed Dec. 22, 2021, ch. 767).* [^assembly-s7780-chapter-104]: **New York State Assembly, Bill S07780 (2021–2022) — summary and actions** — "02/07/2022 | substituted for a8691 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | ordered to third reading cal.367 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | SIGNED CHAP.104" *N.Y. State Assembly, Bill S07780 (2021–2022), Summary and Actions (signed Feb. 24, 2022, ch. 104).* [^s7780-section-135c-renumbering]: **N.Y. S. 7780 (2021–2022 Reg. Sess.), § 2 — Renumbering of electronic notarization section** — "§ 2. Section 137-a of the executive law, as added by a chapter of the laws of 2021, amending the executive law relating to providing for electronic notarization, as proposed in legislative bills numbers S. 1780-c and A. 399-b, is amended to read as follows: § [137-a] 135-c. Electronic notarization." *N.Y. S. 7780, § 2, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).* [^exec-135c-notary-may-refuse]: **N.Y. Exec. Law § 135-c(9) — No duty to notarize electronically** — "9. Nothing in this section shall be construed as requiring any notary public to perform a notarial act using electronic communication technology. A notary public may refuse to perform such a notarial act if the notary public is not satisfied that (a) the principal is competent or has the capacity to execute a record, or (b) the principal's signature is knowingly and voluntarily made." *N.Y. Exec. Law § 135-c(9) (2026).* [^rpl-299a-equivalence-online]: **N.Y. Real Prop. Law § 299-a(4) — Equivalence of acknowledgment before listed officers** — "4. An instrument acknowledged or proved taken by and accompanied by the signature and title of a notarial officer listed in paragraph (a), (c) or (d) of subdivision one of section two hundred ninety-nine of this article and taken in the manner prescribed by the laws of such notarial officer's jurisdiction shall be equivalent to one taken or made in the form prescribed by law for use in this state. Such instrument, if otherwise entitled to record, filing, or registering, may be recorded, filed, or registered in any recording or filing office in this state, and shall be so recorded, filed or registered upon payment or tender of lawful fees therefor." *N.Y. Real Prop. Law § 299-a(4) (2026) (added by L. 2024, ch. 502).* [^rpl-298-in-state-list-online]: **N.Y. Real Prop. Law § 298 — Acknowledgments and proofs within the state** — "The acknowledgment or proof, within this state, of a conveyance of real property situate in this state may be made: 1. At any place within the state, before (a) a justice of the supreme court; (b) an official examiner of title; (c) an official referee; or (d) a notary public." *N.Y. Real Prop. Law § 298 (2026).* [^rpl-299-notary-online]: **N.Y. Real Prop. Law § 299(1) — Acknowledgments and proofs without the state, but within the United States** — "1. The acknowledgment or proof of a conveyance of real property situate in this state, if made without the state but within the United States, within any territory, possession, or dependency of the United States, or within any place over which the United States, at the time when such acknowledgment or proof is taken, has or exercises jurisdiction, sovereignty, control, or a protectorate, may be made before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: (a) A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. (b) A mayor or other chief civil officer of any city or other political subdivision. (c) A notary public." *N.Y. Real Prop. Law § 299(1) (2026).* [^rpl-299-conclusive-authority-online]: **N.Y. Real Prop. Law § 299(3) — Conclusive authority of listed officers** — "3. The signature and title of a notarial officer described in paragraph (a), (c) or (d) of subdivision one of this section conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance." *N.Y. Real Prop. Law § 299(3) (2026) (added by L. 2024, ch. 502).* [^rpl-313-notary-definition]: **N.Y. Real Prop. Law § 313 — Notary public** — "The term ‘notary public, ’ as used in sections two hundred ninety-nine, three hundred one, three hundred eight, and three hundred eleven, of this chapter, includes any person appointed to perform notarial functions." *N.Y. Real Prop. Law § 313 (2026).* [^exec-135c-appearance-online]: **N.Y. Exec. Law § 135-c(10) — Personal-appearance requirements** — "10. Notwithstanding article nine of the real property law or any other law to the contrary, any act performed in conformity with this section shall satisfy any requirements at law that a principal personally appear before, be in the presence of, or be in a single time and place with a notary public at the time of the performance of the notarial act, unless a law expressly excludes the authorization provided for in this section." *N.Y. Exec. Law § 135-c(10) (2026).* [^exec-135c-location-online]: **N.Y. Exec. Law § 135-c(4)(a) — Types of electronic notarial acts** — "4. Types of electronic notarial acts. (a) Any notarial act authorized by section one hundred thirty-five of this article may be performed electronically as prescribed by this section if: (i) for execution of any instrument in writing, under applicable law that document may be signed with an electronic signature and the notary public is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature; and (ii) the electronic notary public is located within the state of New York at the time of the performance of an electronic notarial act using communication technology, regardless of the location of the document signer." *N.Y. Exec. Law § 135-c(4)(a) (2026).* [^rpl-309b-personally-appeared]: **N.Y. Real Prop. Law § 309-b(1) — Uniform form of certificate of acknowledgment without this state** — "1. The certificate of an acknowledgement, without this state, of a conveyance or other instrument with respect to real property situate in this state, by a person, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country ) ss.: On the _______ day of __________ in the year _______ before me, the undersigned, personally appeared ______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument." *N.Y. Real Prop. Law § 309-b(1) (2026).* [^nycrr-540-7-no-verification-online]: **9 NYCRR § 540.7(f) — Recording officer not required to verify** — "(f) A recording officer is not required to verify or authenticate electronic signatures or notarizations on an instrument affecting real property." *9 N.Y.C.R.R. § 540.7(f) (2026).* [^eo-202-7-notarial-directive]: **N.Y. Executive Order No. 202.7 (Mar. 19, 2020)** — "Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met: o The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after; o The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing); o The person must affirmatively represent that he or she is physically situated in the State of New York; o The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed; o The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and o The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution." *N.Y. Exec. Order No. 202.7 (Mar. 19, 2020).* [^eo-202-7-signing-date]: **N.Y. Executive Order No. 202.7 (Mar. 19, 2020)** — "GIVEN under my hand and the Privy Seal of the State in the City of Albany the nineteenth day of March in the year two thousand twenty." *N.Y. Exec. Order No. 202.7 (Mar. 19, 2020).* [^eo-210-rescission]: **N.Y. Executive Order No. 210 (June 24, 2021) — Expiration of Executive Orders 202 and 205** — "NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby order that upon due consideration, deliberation and review, Executive Orders 202 through 202.111 and Executive Orders 205 through 205.3are hereby rescinded effective June 25, 2021." *N.Y. Exec. Order No. 210 (June 24, 2021).* [^eo-202-7-term]: **N.Y. Executive Order No. 202.7 (Mar. 19, 2020)** — "IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of Executive Order through April 18, 2020: • Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met: o The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;" *N.Y. Exec. Order No. 202.7 (Mar. 19, 2020).* [^governor-emergency-ending-release]: **Governor Cuomo Announces New York Ending COVID-19 State Disaster Emergency on June 24** — "Governor Andrew M. Cuomo today announced that New York will end the state disaster emergency declared on March 7, 2020 to fight COVID-19." *Press Release, Governor Andrew M. Cuomo, Governor Cuomo Announces New York Ending COVID-19 State Disaster Emergency on June 24.* [^s7780-temporary-rin-location]: **N.Y. S. 7780 (2021–2022 Reg. Sess.), § 1 — Temporary remote ink notarization** — "(h) The notary public must be physically situated in New York state at the time of the remote notarization. The principal may be situated in New York, outside of New York but inside the United States, or outside the United States, provided: (1) the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (2) the record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States." *N.Y. S. 7780, § 1, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).* [^s7780-rin-expiry]: **N.Y. S. 7780 (2021–2022 Reg. Sess.), § 7 — Effective and expiration dates** — "§ 7. This act shall take effect immediately; provided, however, that sections two, three, and five of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2021 amending the executive law relating to providing for electronic notarization, as proposed in legislative bills numbers S.1780-c and A.399-b, takes effect; and provided further that section one of this act shall expire and be deemed repealed on the same date that section two of this act takes effect." *N.Y. S. 7780, § 7, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).* [^assembly-s7780-signing]: **New York State Assembly, Bill S07780 (2021–2022) — summary and actions** — "02/07/2022 | substituted for a8691 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | ordered to third reading cal.367 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | SIGNED CHAP.104" *N.Y. State Assembly, Bill S07780 (2021–2022), Summary and Actions (signed Feb. 24, 2022, ch. 104).* [^dos-faq-rin-ended]: **N.Y. Department of State, Notary Public — Frequently Asked Questions** — "Is Remote Ink Notarization permitted in New York State? Not after January 31, 2023. During the COVID-19 pandemic, like in many jurisdictions the practice of RIN was authorized by executive order. After the pandemic, RIN was permitted in New York State by temporary statute (Executive Law section 135-c, ‘Remote ink notarization’) alongside electronic notarization, subject to standards provided in the temporary law. On January 31, 2023, only electronic notarization is permitted in New York State, through repeal of Executive Law § 135-c, Remote ink notarization and replacement with Executive Law § 135-c, Electronic notarization." *N.Y. Dep't of State, Notary Public — Frequently Asked Questions.* [^exec-135c-paper-copy-acceptance]: **N.Y. Exec. Law § 135-c(6)(d) — Certified tangible copy of an electronic record** — "(d) (i) A notary public may certify that a tangible copy of the signature page and document type of an electronic record notarized by such notary public is an accurate copy of such electronic record. Such certification must (1) be dated and signed by the notary public in the same manner as the official signature of the notary public provided to the secretary of state pursuant to section one hundred thirty-one of this article, and (2) comply with section one hundred thirty-seven of this article. (ii) A county clerk, city registrar, or other recording officer where applicable shall accept for recording a tangible copy of an electronic record and that is otherwise eligible to be recorded under the laws of this state if the record has been certified by a notary public or other individual authorized to perform a notarial act. (iii) A certification in substantially the following form is sufficient for the purposes of this subdivision:" *N.Y. Exec. Law § 135-c(6)(d)(ii) (2026).* [^rpl-291i-recording-discretionary]: **N.Y. Real Prop. Law § 291-i(3) — Electronic recording discretionary** — "3. Nothing in this section or any other provision of law shall be construed to require the recording by electronic means of instruments affecting real property. The decision by each county clerk to participate in electronic recording is discretionary. Once a county clerk permits electronic recording, the county shall accept such electronic recordings." *N.Y. Real Prop. Law § 291-i(3) (2026).* [^dos-faq-papering-out]: **N.Y. Department of State, Notary Public — Frequently Asked Questions** — "Will electronically notarized documents be accepted by a county clerk or other government offices that do not have an electronic filing system? Yes, paper copies of electronically notarized documents must be accepted through the ‘papering out’ process." *N.Y. Dep't of State, Notary Public — Frequently Asked Questions.* [^nycrr-540-7-recording-models]: **9 NYCRR § 540.7(b) — Models of electronic recording** — "(b) A recording officer who elects to accept electronic recording of instruments affecting real property shall accept one or more of the models of electronic recording supported by PRIA. Recording officers who elect to accept a model containing an electronic signature shall comply with section 540.4(c) and any other applicable section of this Part." *9 N.Y.C.R.R. § 540.7(b) (2026).* [^rpl-291i-electronic-notarization]: **N.Y. Real Prop. Law § 291-i(1)(c) — Electronic notarization for recording** — "(c) where a law, rule or regulation requires, as a condition of recording, that an instrument affecting real property or a signature associated with such an instrument be notarized, acknowledged, verified, witnessed or made under oath, the signature requirement is satisfied if: (i) the digitized image of a wet signature of the person authorized to perform that act and any stamp, impression or seal required by law to be included, appears on a digitized paper document of such instrument; or (ii) the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with an electronic record of such instrument, provided, however that no physical or electronic image of a stamp, impression or seal shall be required to accompany such electronic signature." *N.Y. Real Prop. Law § 291-i(1)(c) (2026).* [^nycrr-540-7-submitters-verification]: **9 NYCRR § 540.7(f)–(g) — Verification and registered submitters** — "(f) A recording officer is not required to verify or authenticate electronic signatures or notarizations on an instrument affecting real property. (g) Recording officers who elect to accept electronic recording of instruments affecting real property shall accept such electronic instruments only from registered submitters whose identity has been electronically verified and authenticated." *9 N.Y.C.R.R. § 540.7(f)–(g) (2026).* [^acris-faq-since-2013]: **NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions** — "E-recording is the electronic submission of documents to the New York City Register’s Office. Customers have been able to submit their documents electronically since July 2013." *NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.* [^acris-faq-boroughs]: **NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions** — "You only have to register once for the boroughs of Manhattan, Brooklyn, Queens, and the Bronx. However, for counties such as Nassau, Westchester, etc., you must register with each individual recording office in order to participate in e-recording." *NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.* [^acris-faq-optional]: **NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions** — "No, you are not required to submit your documents electronically. For more information on submitting your documents, visit www.nyc.gov/acris." *NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.* [^nyc-rptt-staten-island]: **NYC Department of Finance, Real Property Transfer Tax (RPTT)** — "Section 23-09 of the Rules of the City of New York requires real property transfer tax returns for transfers of real property located in Staten Island to be filed electronically using the Automated City Register Information System (ACRIS) and in paper form which must be filed in the office of the Richmond County Clerk." *NYC Dep't of Fin., Real Property Transfer Tax (RPTT).* [^westchester-erecording-2012]: **Westchester County Clerk, Land Records** — "As of Monday, Sept. 24, 2012, the Office of the Westchester County Clerk accepts all land records documents electronically." *Westchester Cnty. Clerk, Land Records.* [^westchester-scan-format]: **Westchester County Clerk, Land Records** — "You will need to be able to scan your land records to create either a PDF or TIF file. The scanned image of your submission must be clear and legible." *Westchester Cnty. Clerk, Land Records.* [^acris-faq-scan-pdf]: **NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions** — "No, but to file electronically, you must be able to scan your documents into PDF files." *NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.* [^eighty-p2l-missing-stamp]: **80P2L LLC v. U.S. Bank Trust, N.A.** — "The parties do not dispute that the mortgage, as reflected in the records of the Office of the New York City Register, did not bear a notary stamp or any indication that the mortgage was properly acknowledged as required by Real Property Law §§ 291, 298, 309-a(1), and 333(2). However, the bank proffered evidence establishing that the mortgage was properly acknowledged when submitted for recording. This evidence included the original inked mortgage containing the notary public's information; an affidavit from the notary who affixed her notary stamp at the time; an affidavit from the title company that submitted the mortgage for recording, and an expert affidavit and report by a forensic document examiner in which he concluded that the Register's scanner could have caused the notary stamp to disappear from the imaged mortgage." *80P2L LLC v. U.S. Bank Trust, N.A., 2021 NY Slip Op 03275 (1st Dep't May 25, 2021).* [^eighty-p2l-constructive-notice]: **80P2L LLC v. U.S. Bank Trust, N.A.** — "Given that the mortgage was duly acknowledged, delivered and actually recorded, plaintiff is deemed to have constructive notice of it ( see Bank of New York v Resles , 78 AD3d 469, 471 [1st Dept 2010])." *80P2L LLC v. U.S. Bank Trust, N.A., 2021 NY Slip Op 03275 (1st Dep't May 25, 2021).* [^dos-li03-must-conform-recording]: **N.Y. Department of State, Legal Memorandum LI03: New Acknowledgement Forms for Notaries Public** — "The Real Property Law was also amended, by the above referenced legislation, to add a new section 309-a, which sets forth the acknowledgment which must be used, within New York State, of conveyances or other instruments with respect to real property located in this State. (See Acknowledgement of Conveyance Form). As of September 1, 1999, acknowledgments must conform substantially with those contained in section 309-a." *N.Y. Dep't of State, Legal Memorandum LI03, New Acknowledgement Forms for Notaries Public.* [^rpl-309a-identity-recital-recording]: **N.Y. Real Prop. Law § 309-a(1) — Uniform form of certificate of acknowledgment within this state** — "personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.)" *N.Y. Real Prop. Law § 309-a(1) (2026).* [^exec-135c-certificate-statement-recording]: **N.Y. Exec. Law § 135-c(5)(d) — Remote online notarial certificate** — "(d) The remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgement or making the oath appeared through use of communication technology." *N.Y. Exec. Law § 135-c(5)(d) (2026).* [^rpl-333-residences]: **N.Y. Real Prop. Law § 333(1-a) — Residences of seller and purchaser** — "1-a. After September first, nineteen hundred forty, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of September, nineteen hundred forty, unless the residence of the seller and of the purchaser, including the street and street number of the residence if any there be, shall be stated therein and such residences, including street and street number if any, shall be recorded with the conveyance; provided, however, that the provisions of this subdivision shall not operate to invalidate any conveyance of real property, executed subsequent to said first day of September, nineteen hundred forty, in which the residence, including street and street number if any, of the seller and of the purchaser shall not have been stated, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such a conveyance or record." *N.Y. Real Prop. Law § 333(1-a) (2026).* [^rpl-333-location]: **N.Y. Real Prop. Law § 333(1-d) — City, town and village** — "1-d. After September first, nineteen hundred fifty-five a recording officer shall not record or accept for record any deed transferring title to real property executed subsequent to September first, nineteen hundred fifty-five, unless the city, town and village in which such real property is located be stated therein; provided, however, that this section shall not operate to invalidate any such deed, heretofore or hereafter executed, in which the description fails to designate the city, town and village in which the real property is located, nor affect the record of any such deed accepted for record and recorded, heretofore or hereafter contrary to the provisions of this section, nor impair any title founded on such deed or record." *N.Y. Real Prop. Law § 333(1-d) (2026).* [^rpl-333-transfer-report]: **N.Y. Real Prop. Law § 333(1-e)(i) — Transfer report or receipt** — "1-e. i. A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following: (1) a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law; or (2) a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant to subdivision three of this section." *N.Y. Real Prop. Law § 333(1-e)(i) (2026).* [^rpl-333-english-language]: **N.Y. Real Prop. Law § 333(2) — English language** — "2. A recording officer shall not record or accept for record any conveyance of real property, unless said conveyance in its entirety and the certificate of acknowledgment or proof and the authentication thereof, other than proper names therein which may be in another language provided they are written in English letters or characters, shall be in the English language, or unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state, or, unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language made by a person duly designated for such purpose by the county judge of the county where it is desired to record such conveyance or a justice of the supreme court and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge." *N.Y. Real Prop. Law § 333(2) (2026).* [^rpl-333-report-items-saving]: **N.Y. Real Prop. Law § 333(1-e)(v)(1) — Transfer report omissions do not invalidate** — "v. (1) The provisions of this subdivision shall not operate to invalidate any conveyance of real property where one or more of the items designated as subparagraphs one through eight of paragraph ii of this subdivision, have not been reported or which has been erroneously reported, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record." *N.Y. Real Prop. Law § 333(1-e)(v)(1) (2026).* [^rpl-306-ten-year-cure]: **N.Y. Real Prop. Law § 306 — Certificate of acknowledgment or proof** — "Any conveyance which has heretofore been recorded, or which may hereafter be recorded, shall be deemed to have been duly acknowledged or proved and properly authenticated, when ten years have elapsed since such recording; saving, however, the rights of every purchaser in good faith and for a valuable consideration deriving title from the same vendor or grantor, his heirs or devisees, to the same property or any portion thereof, whose conveyance shall have been duly recorded before the said period of ten years shall have elapsed." *N.Y. Real Prop. Law § 306 (2026).* [^gol-5-703-curative-scope]: **N.Y. Gen. Oblig. Law § 5-703(1) — Conveyances concerning real property required to be in writing** — "1. An estate or interest in real property, other than a lease for a term not exceeding one year, or any trust or power, over or concerning real property, or in any manner relating thereto, cannot be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing." *N.Y. Gen. Oblig. Law § 5-703(1) (2026).* [^rpl-244-curative-delivery]: **N.Y. Real Prop. Law § 244 — When grant takes effect** — "A grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law, now in force, in respect to the delivery of deeds, apply to grants hereafter executed." *N.Y. Real Prop. Law § 244 (2026).* [^exec-142a-validity]: **N.Y. Exec. Law § 142-a(1)–(2) — Validity of acts notwithstanding certain defects** — "1. Except as provided in subdivision three of this section, the official certificates and other acts heretofore or hereafter made or performed of notaries public and commissioners of deeds heretofore or hereafter and prior to the time of their acts appointed or commissioned as such shall not be deemed invalid, impaired or in any manner defective, so far as they may be affected, impaired or questioned by reason of defects described in subdivision two of this section. 2. This section shall apply to the following defects: (a) ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such; (b) misnomer or misspelling of name or other error made in his appointment or commission; (c) omission of the notary public or commissioner of deeds to take or file his official oath or otherwise qualify; (d) expiration of his term, commission or appointment; (e) vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part; (f) the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act." *N.Y. Exec. Law § 142-a(1)–(2) (2026).* [^exec-142a-knowledge-limit]: **N.Y. Exec. Law § 142-a(3) — Knowledge and facial defects** — "3. No person shall be entitled to assert the effect of this section to overcome a defect described in subdivision two if he knew of the defect or if the defect was apparent on the face of the certificate of the notary public or commissioner of deeds; provided however, that this subdivision shall not apply after the expiration of six months from the date of the act of the notary public or commissioner of deeds." *N.Y. Exec. Law § 142-a(3) (2026).* [^exec-142a-no-enlargement]: **N.Y. Exec. Law § 142-a(5) — No enlargement of authority** — "5. This section does not relieve any notary public or commissioner of deeds from criminal liability imposed by reason of his act, or enlarge the actual authority of any such officer, nor limit any other statute or rule of law by reason of which the act of a notary public or commissioner of deeds, or the record thereof, is valid or is deemed valid in any case." *N.Y. Exec. Law § 142-a(5) (2026).* [^dos-faq-142a-description]: **N.Y. Department of State, Notary Public — Frequently Asked Questions** — "Generally, section 142-a of the Executive Law provides that a document notarized by a person who was not commissioned as a notary public will not be deemed invalid because of that fact." *N.Y. Dep't of State, Notary Public — Frequently Asked Questions.* [^exec-137-curative-no-invalidity]: **N.Y. Exec. Law § 137 — Statement as to authority of notaries public** — "No official act of such notary public shall be held invalid on account of the failure to comply with these provisions." *N.Y. Exec. Law § 137 (2026).* [^rpl-333-curative-saving]: **N.Y. Real Prop. Law § 333(1-e)(v)(1) — Transfer report omissions do not invalidate** — "v. (1) The provisions of this subdivision shall not operate to invalidate any conveyance of real property where one or more of the items designated as subparagraphs one through eight of paragraph ii of this subdivision, have not been reported or which has been erroneously reported, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record." *N.Y. Real Prop. Law § 333(1-e)(v)(1) (2026).* [^rpl-333-english-curative]: **N.Y. Real Prop. Law § 333(2) — English language** — "2. A recording officer shall not record or accept for record any conveyance of real property, unless said conveyance in its entirety and the certificate of acknowledgment or proof and the authentication thereof, other than proper names therein which may be in another language provided they are written in English letters or characters, shall be in the English language, or unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state, or, unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language made by a person duly designated for such purpose by the county judge of the county where it is desired to record such conveyance or a justice of the supreme court and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge." *N.Y. Real Prop. Law § 333(2) (2026).* [^tax-1409-joint-return]: **N.Y. Tax Law § 1409(a)(1) — Joint return** — "(a) (1) A joint return shall be filed by both the grantor and the grantee for each conveyance whether or not a tax is due thereon other than a conveyance of an easement or license to a public utility as defined in subdivision two of section one hundred eighty-six-a of this chapter or to a public utility which is a provider of telecommunication services as defined in subdivision one of section one hundred eighty-six-e of this chapter, where the consideration is two dollars or less and is clearly stated as actual consideration in the instrument of conveyance." *N.Y. Tax Law § 1409(a)(1) (2026).* [^tax-1409-before-recording]: **N.Y. Tax Law § 1409(a)(3) — Filing before recording** — "(3) The return shall be filed with the recording officer before the instrument effecting the conveyance may be recorded. However, if the tax is paid to the commissioner pursuant to section fourteen hundred ten of this article, the return shall be filed with such commissioner at the time the tax is paid. In that instance, a receipt evidencing the filing of the return and the payment of tax shall be filed with the recording officer before the instrument effecting the conveyance may be recorded. The recording officer shall handle such receipt in the same manner as a return filed with the recording officer." *N.Y. Tax Law § 1409(a)(3) (2026).* [^tp-584-who-files]: **N.Y. Department of Taxation and Finance, Instructions for Form TP-584 (TP-584-I) (8/25)** — "Form TP-584 must be filed for each conveyance of real property from a grantor/transferor to a grantee/transferee." *N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584 (TP-584-I) (8/25).* [^tp-584-when-where]: **N.Y. Department of Taxation and Finance, Instructions for Form TP-584 (TP-584-I) (8/25)** — "File Form TP-584 with the recording officer of the county where the real property being conveyed is located, no later than the fifteenth day after the delivery of the instrument effecting the conveyance. However, if the instrument effecting the conveyance will not be recorded, or will be recorded later than the time required to file Form TP-584 and to pay any real estate transfer tax, file Form TP-584 and pay any real estate transfer tax due no later than the fifteenth day after the delivery of the instrument effecting the conveyance, directly with:" *N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584 (TP-584-I) (8/25).* [^tp-584-nyc-city-scope]: **N.Y. Department of Taxation and Finance, Instructions for Form TP-584-NYC (8/25)** — "Instructions for Form TP-584-NYC TP-584-NYC-I (8/25) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax for the Conveyance of Real Property Located in New York City Highlights On or after May 9, 2025, conveyances of real property for open space, parks, or historic preservation purposes to any not-for-profit tax-exempt corporation operated for conservation, environmental, parks, or historic preservation purposes are exempt from the additional tax." *N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584-NYC (8/25).* [^tp-584-nyc-who-files]: **N.Y. Department of Taxation and Finance, Instructions for Form TP-584-NYC (8/25)** — "Form TP-584-NYC must be filed for each conveyance of real property from a grantor/transferor to a grantee/transferee." *N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584-NYC (8/25).* [^rpl-333-transfer-report-forms]: **N.Y. Real Prop. Law § 333(1-e)(i) — Transfer report or receipt** — "1-e. i. A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following: (1) a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law; or (2) a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant to subdivision three of this section." *N.Y. Real Prop. Law § 333(1-e)(i) (2026).* [^rp-5217-pdf-only]: **N.Y. Department of Taxation and Finance, Instructions to Download Form RP-5217-PDF, Real Property Transfer Report** — "You must download and use only this Form RP-5217-PDF. The official form is only available on our website." *N.Y. Dep't of Taxation & Fin., Instructions to Download Form RP-5217-PDF.* [^rp-5217-nyc-note]: **N.Y. Department of Taxation and Finance, Instructions to Download Form RP-5217-PDF, Real Property Transfer Report** — "Note regarding New York City: For property sales in New York City, use the city’s Automated City Register Information System (ACRIS), except on Staten Island, where you should use Form RP-5217-NYC and RP-5217-NYC instructions." *N.Y. Dep't of Taxation & Fin., Instructions to Download Form RP-5217-PDF.* [^nyc-rptt-acris-packet]: **NYC Department of Finance, Real Property Transfer Tax (RPTT)** — "You must create the packet of RPTT forms Online using ACRIS, the Automated City Register Information System. The NYC-RPTT packet includes: - Real Property Transfer Tax Return; - Instructions; - Registration forms for receiving bills for real estate tax, water, and sewer, and a smoke detector affidavit of compliance." *NYC Dep't of Fin., Real Property Transfer Tax (RPTT).* For repeat use, install the skill: `npx skills add open-agreements/open-agreements` (lawyer-reviewed agreement templates + 50-state practice guides).