With executive order No. 202.7, New York Governor Andrew Cuomo is allowing remote notarization processing until at least April 18, 2020, providing certain conditions are met.
How does the rule affects certify translations?
Translations submitted to government offices or private entities are often accompanied by a notarized certificate of accuracy to ensure acceptance. The provisions of the executive order No. 202.7 can be used for such certificates of accuracy so that a notarized translation is submitted. It may be good practice to include a copy of the executive order No. 202.7, in case the receiving party is not familiar with with the order.
How does the rule affects documents to be used abroad (apostille)?
The executive order does not apply to public documents such as Birth, Death, Marriage certificates, court orders, or any other document issued by a public authority. To use such documents abroad, they must first be certified by either a New York State Official or a County Clerk before they are submitted to the New York Department of State for an Apostille.
For all other documents (such as a power of attorney) for which a notarization is applicable, the notary's signature must be certified at the County Clerk's office where the notary is qualified before the New York State Department of State can issue an apostille.
Although the executive order No. 202.7 facilitates the process of notarization, a remote notarization cannot be used for the subsequent steps. Sending a document containing a remote notarization to the County Clerk's office or New York State Department of State will result in a rejection.
Given the very long processing time currently experienced by the County Clerks and the New York State Department of State in Albany, it is advisable that you notify your counterpart in the foreign country of the delay and propose that you send first a remotely notarized document, citing the Executive Order No. 202.7, with the promise that a duly completed apostille will be provided as soon as normal operations resume.
It is important to note that the executive order allows for a 30 days period within which, if the notary receive the original signed document together with the electronically notarized copy, the notary can repeat the notarization on the original signed document with the same date of execution, allowing for the instrument to be effective from the date it was originally executed.
You may review the full content of the executive order here: