NY Notary study materials
NY Notary study resources

NY Notary cheat sheet

NY Notary · Keep the key ideas within reach.

Quick reference

General Provisions and Qualifications for Appointment

  • A New York notary public must be at least 18 years old and either a New York State resident or an attorney admitted to practice in New York.

  • A notary commission lasts four years from the effective date stated on the commission.

  • The application fee for a New York notary commission is $60.

  • Notaries public are appointed by the Governor and administered through the Department of State.

  • After appointment, the notary must take the oath of office and file it with the county clerk within 30 days.

  • Failure to take and file the oath within the required period voids the appointment.

  • A notary applicant generally must pass the New York notary public examination unless exempt as an attorney admitted in New York.

  • A New York notary commission is statewide, but notarial acts must be performed within New York State.

  • New York law does not generally require a notary public to keep a journal of notarial acts.

Quick reference

Powers and Duties of Notaries Public (oaths, affirmations, affidavits, depositions)

  • A notary may administer oaths and affirmations and take affidavits and depositions.

  • A notary may take acknowledgments and proofs of execution and may protest negotiable instruments for nonacceptance or nonpayment.

  • A notary must require the signer, affiant, or deponent to appear personally before the notary.

  • For an affidavit or deposition, the notary administers an oath or affirmation before the person testifies or signs the jurat.

  • The notary must identify the person by personal knowledge or satisfactory evidence.

  • A notary may not perform a notarial act outside New York State or after the commission expires.

  • A notary does not decide the truth of an affidavit or the merits of a deposition; the notary certifies the oath and appearance.

  • A notary may solemnize a marriage in New York when otherwise authorized by law.

Quick reference

Acknowledgments, Proofs and Certificates

  • An acknowledgment requires the signer to appear, be identified, and acknowledge that the signature was voluntarily executed.

  • A proof of execution requires a subscribing witness to appear and swear to the signer's execution of the document.

  • The certificate must state the venue, date, person appearing, notary's name, notary's signature, and official stamp.

  • A jurat is used for an oath or affirmation; an acknowledgment certificate is used for an acknowledgment.

  • The notary certifies identity, appearance, and execution, not the truth or legal effect of the document.

  • The certificate must be completed at the time of the notarial act; blank certificates must not be signed or stamped.

  • The county named in the venue is the county where the notarial act occurs, while the stamp shows the county of qualification.

  • A notary may complete a certificate in a form prescribed by law or in a substantially equivalent form.

Quick reference

Prohibited Acts

  • A notary must not notarize his or her own signature.

  • A notary must not take an acknowledgment or proof for a document in which the notary is a party or has a beneficial interest.

  • A notary must not notarize without the person's personal appearance before the notary.

  • A notary must not give legal advice, draft legal documents, or select documents for a signer.

  • A notary must not advertise as a 'notario publico' in a way that implies authority to practice law.

  • A notary must not charge more than the statutory fee for a notarial act.

  • A notary must not sign or stamp a notarial certificate before the notarial act is performed.

  • A notary must not perform notarial acts after the commission expires or is revoked.

  • A notary must not certify copies of documents unless specifically authorized by law.

Quick reference

Signature and Official Seal/Signature Requirements

  • The official stamp must include the notary's name, 'Notary Public State of New York,' county of qualification, and commission expiration date.

  • The notary must sign each certificate with the name that appears on the notary's commission.

  • The notary's signature and official stamp must be placed on the notarial certificate.

  • The official stamp must be legible; a missing or defective stamp can invalidate the certificate.

  • The county shown on the stamp is the county of qualification, not necessarily the county where the act is performed.

  • A notary must not use the official stamp after the commission expires or is revoked.

  • A notary must keep custody of the official stamp and must not permit another person to use it.

  • The expiration date on the stamp must be the notary's commission expiration date.

Quick reference

Fees

  • The application fee for a New York notary commission is $60.

  • The statutory fee for administering an oath or affirmation is $2.

  • The statutory fee for taking an acknowledgment or proof of acknowledgment is $2.

  • The statutory fee for other notarial acts is $2 unless a specific statute provides otherwise.

  • A notary may not charge more than the statutory fee for a notarial act.

  • A notary may not charge a fee for an act the notary is not authorized to perform.

  • The renewal application fee for a New York notary commission is $60.

  • Fees are set per notarial act, and the notary must separately account for each act performed.

Quick reference

Discipline, Revocation and Penalties

  • The Secretary of State may suspend or revoke a notary commission for misconduct, fraud, dishonesty, or incompetence.

  • A notary who violates New York notary law may face criminal penalties and civil liability for resulting damages.

  • A notary whose commission is revoked must stop performing notarial acts and must not use the official stamp.

  • False notarization or unauthorized practice of law can lead to revocation and criminal charges.

  • A person who performs notarial acts without a valid commission may be guilty of a misdemeanor.

  • A notary is personally liable for damages caused by an improper notarial act.

  • The Secretary of State may investigate complaints concerning notarial misconduct and take disciplinary action.

  • A notary must not continue to hold out as commissioned after expiration or revocation.