NY Notary cheat sheet
NY Notary · Keep the key ideas within reach.
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.
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.
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.
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.
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.
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.
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.