18 | March/April 2022 | BAEC Bulletin Death & Taxes
Remote Online Notarization The New York Legislature has passed, and the Governor has signed, a bill enacting section 137-a of the New York Executive Law, authorizing Notaries Public to perform notarial acts through a completely electronic format. When implemented, this law will permit the Notary to receive a document, sign it electronically, and then email the document back to the sender without ever having to print a paper copy. This differs from the so-called Remote Ink Notary which was temporarily permitted by the Governor’s Executive Order during the pandemic, and which required the Notary to print off a document, and scan or fax it back to the sender. The on-line notarization law requires special registration by Notaries with the Department of State. This registration system of Notaries who are permitted to do on-line notarization still needs to be created by the Department of State. According to the Governor’s signing statement, the Department will need six months or more to create that online registration system. Meanwhile, the Legislature has agreed to try to enact legislation in the coming session to put a Remote Ink Notary system in place during the pendency of the operation of the on-line registration system. The new on-line system will require video and audio conferencing, and the maintenance of a recording of same for ten years from the date. The Importance of Notarization of Prenuptial Agreements The New York Court of Appeals recently handed down two decisions regarding the importance of proper notarization of prenuptial agreements. Anderson v. Anderson , 2021 NY Slip Op 07058 and Matter of Koegel . In Anderson , Candy and Jack negotiated a nuptial agreement. Candy signed and acknowledged the Agreement about a month after the wedding. Jack signed the agreement but he did not acknowledge his signature to a Notary. Seven years later, anticipating that Candy was going to sue for divorce, Jack acknowledged his signature on the nuptial agreement to a Notary, and sued for divorce. Candy then filed for divorce, and moved for summary judgment to set aside the nuptial agreement. Supreme Court denied Candy’s motion to set aside the agreement, but the Fourth Department in a 3-2 decision reversed and granted the motion on the ground that Jack’s signature on the nuptial agreement had not been contemporaneously acknowledged to a Notary, and that the parties had not reaffirmed the agreement when the signature was acknowledged.
PETER J. BREVORKA Partner, Brevorka Law Firm, P.C.
JILLIAN E. BREVORKA Partner, Brevorka Law Firm, P.C.
Jack appealed to the Court of Appeals which unanimously affirmed
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