How to become a notary public in New York

Eligibility · examination · application and oath · county clerk · reappointment

1. Eligibility

Executive Law section 130 requires that every person appointed be, at the time of appointment, a resident of New York State or have an office or place of business in New York State. Before issuing a commission the Secretary of State must be satisfied that the applicant is of good moral character, has the equivalent of a common school education, and is familiar with the duties and responsibilities of a notary public.

Two routes skip that examination entirely: an attorney admitted to practise in New York, and a court clerk of the Unified Court System appointed to that position after a Civil Service promotional examination in the court clerk series of titles.

Residence works differently from most licences here. A resident who moves out of state but keeps a New York office or place of business does not vacate the office. A nonresident who ceases to have a New York office does. And an attorney admitted in New York whose law office is in the state may keep the commission after moving to an adjoining state, being deemed a resident of the county where the office is maintained.

2. The examination

The examination is 40 multiple-choice questions in 60 minutes with a 70% pass mark — 28 correct out of 40. It is proctored and closed-book, administered by the Department of State, Division of Licensing Services, and held as walk-in sittings scheduled regularly across the state. There is no appointment queue and no cap on attempts, but the $15 examination fee applies to each examination taken, payable on the day.

Everything tested comes from the Notary Public License Law booklet the Department of State publishes: the Executive Law appointment and powers provisions, the Public Officers Law, County Law section 534, the Real Property Law acknowledgment and proof provisions, the Judiciary Law restrictions on practising law, the Penal Law offences, and the whole of 19 NYCRR Part 182 covering electronic notarization.

Passing produces a pass slip, which is submitted with the application.

3. The application and oath of office

Submit to the Division of Licensing Services an original application with the $60 non-refundable fee, the pass slip, and the oath of office, duly executed before a person authorized to administer an oath, together with your signature. No further fee is charged for issuing the commission itself.

Do not act before the oath is filed. Public Officers Law section 15 makes it a misdemeanor to execute the functions of a public office without having taken and duly filed the required oath — and a notary public is a public officer.

4. What the county clerk holds

Notaries are commissioned in their county of residence. After approving the application the Secretary of State forwards the commission, the original oath of office and your signature to that county clerk, along with $20 apportioned from the fee, by the tenth day of the following month. The clerk indexes them, and the public can then verify a notary's official signature at that office.

Nonresidents file the oath and signature with the clerk of the county in which the office or place of business is located.

Two related services live at the county clerk:

• Certificate of official character — $1. A notary who expects to sign regularly in other counties may file an autograph signature and a certificate of official character with those clerks, who may then certify to the notary's official character.
• Authentication — $3. On request the clerk affixes a certificate stating that the notary was authorized to take the act and that the signature is believed genuine. It is normally obtained when a document will be used outside the state; for international use, the Department of State apostille sits on top of it.

5. Jurisdiction, seal and signature

• Statewide. The commission is filed in one county but the jurisdiction is co-extensive with the boundaries of the state. A notary commissioned in Erie County may act in Albany.
• No seal is required. New York law does not require notaries to use a seal. If one is used it should identify the notary, the authority and the jurisdiction.
• The statement of authority is required. Beneath the signature, in black ink, print, typewrite or stamp your name, the words "Notary Public State of New York", the county in which you originally qualified, and your commission expiration date. Notaries who qualified in a county within the City of New York must also affix their official number.
• Sign the commissioned name. A notary signs the name under which they were appointed and no other.

6. Fees you may charge

• Administering an oath or affirmation and certifying it: $2
• Taking and certifying an acknowledgment or proof: $2 per person, and $2 for swearing each witness
• Protest of a note or commercial paper: 75 cents, plus 10 cents for each notice, limited to five
• An electronic notarial act: $25, inclusive of all costs the notary incurs

Charging more than the statutory allowance exposes a notary to criminal prosecution, civil suit and possible removal — and Public Officers Law section 67 adds treble damages. No fee at all may be charged for administering the oath of office to a public officer or public employee, including an inspector of election.

7. Electronic notarization

Performing electronic notarial acts needs a separate registration with the Secretary of State and a further $60 non-refundable fee. The rules in 19 NYCRR Part 182 then govern: the notary must be physically located within New York during every act regardless of where the signer is, must not disguise that location, must use a reliable electronic signature attached by a public-key-infrastructure digital certificate, and must keep the audio-video recording and the supporting records for at least ten years.

Two further points catch people out: no notary or business employing one may make electronic notarization the only option offered, and no notary is ever required to perform an act using communication technology.

8. Reappointment

A commission runs four years, and reappointment is an application rather than another examination — the opposite of California. Applicants may apply for reappointment within 90 days of expiry, and the qualifying requirements may be waived where the application is made before expiry or within six months after it. A notary who has failed to comply with the Part 182 requirements is not eligible for reappointment.

9. Costs

• Examination: $15 per examination taken
• Application or reappointment: $60 non-refundable
• Electronic notarization registration: $60 non-refundable
• Change of name or address, or a duplicate identification card: $10
• Certificate of official character: $1 · Authentication: $3

Fees are subject to official announcements from the New York Department of State.