A New York electronic notary performs a remote online acknowledgment for a signer using communication technology. Which statement correctly describes both the notary’s electronic signature requirement and the required certificate content?
The electronic signature must be attached to the record, and the certificate must state the signer appeared via technology.
This matches two explicit requirements in the source. Section 5(a) requires the notary to apply an electronic signature attached to the electronic record such that removal or alteration is detectable, and section 5(b)(v) adds that it must be linked to the data so subsequent alterations are detectable and may invalidate the act. Section 5(d) requires the remote online notarial certificate to state that the person making the acknowledgment or oath appeared through use of communication technology.
A physical or electronic image of the notary seal is not required for electronic signatures.
Electronic signatures are reliable if under the notary's control, not stored by the secretary of state.
Explanation
The electronic signature must be attached to the electronic record so that any removal or later alteration is detectable, and the remote online notarial certificate must state that the signer appeared through use of communication technology. The source states that a notary applying an electronic signature must attach it to the electronic record so removal or alteration is detectable and later alterations to the underlying document are detectable and may invalidate the electronic notarial act. It also specifically requires that the remote online notarial certificate state that the person appeared through use of communication technology.
— Notes.md (Revised 12/23/2024), section 5(a)-(e) and 6(c)
Memory Aid
Think: "Attach + Appear" — attach the e-signature so tampering shows, and say the signer appeared by communication technology.