Remote Notarization and Witnessing

Among the flurry of changes that occurred in the past weeks, was the issuance of Executive Orders which permit, temporarily, notaries and witnesses to carry out their functions remotely through audio visual technology. While there may be some circumstances in which remote witnessing is essential, at Berwitz & DiTata LLP, we encourage you to let us help you determine whether this extraordinary process is necessary or whether, with appropriate precautions, it might be advisable to execute documents in person while maintaining a safe distance. Strict adherence to the requirements set forth in the temporary Orders is compulsory and consideration must be given to whether, when the documents that were executed in accordance with this unusual authority, are questioned, they will be able to withstand challenge. Larry Berwitz, one of our two founding partners, spoke on these issues in a special presentation recorded for the Nassau County Bar Association in which he discussed the multitude of considerations these limited, emergency measures raise for other practitioners and professionals. He also recommended various options for safe execution of documents at a distance while still assuring their reliability.