A customer recently asked me if her mother can have documents notarized if she no longer has a current, valid ID. Also, can the notarization be done remotely? — C.S., New York
If the mother does not have a valid form of identification to present to the Notary, a credible witness or witnesses may possibly be used. If a single witness is used, that witness must be personally known to the mother and the Notary. If two witnesses are used, they must provide identification to the Notary that meets the requirements of the new regulations.
The answer to your second question is that, according to the New York Department of State’s guidance, the notarization could be performed remotely.
Although the Department of State's regulations generally require Notaries to identify remotely located signers through identity verification, credential analysis, and identity proofing, the Department’s Remote Notarization FAQ permits
the Notary to rely instead on the oath or affirmation of a credible witness who personally knows the signer. The credible witness must be either personally known to the Notary or identified through an acceptable ID, credential analysis, and identity proofing.
Readers who have a question about remote notarization requirements for other states can find information in our Knowledge Center page “
How to Become a Remote Online Notary” by clicking on the drop-down menu under “State RON Instructions” and selecting the appropriate state.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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