NY Notary key terms

A public officer commissioned by the New York Secretary of State to act as an impartial witness: administering oaths and affirmations, taking affidavits and depositions, and certifying acknowledgments and proofs anywhere in New York State.

The four-year appointment issued by the Department of State that authorizes a person to act as a notary public in New York. When it expires, the person must stop notarizing until a new commission is issued.

The state official who, through the Department of State, receives notary applications, issues and renews commissions, keeps official notary records, and may suspend or revoke a commission for misconduct after a hearing.

To be appointed in New York a person must be at least eighteen years old and either reside in New York, maintain a place of business in the state, or be an attorney licensed to practice in New York.

The signed request for a notary commission filed with the Department of State, accompanied by the required fee, containing the applicant's information and, once approved, leading to issuance of the commission and filing of the oath.

The sworn pledge a newly commissioned notary must take and file with the Department of State within thirty days after the term begins; until it is filed the notary may not lawfully perform notarial acts.

A New York notary's authority covers the entire state, not only the county named in the commission; however, a New York notary has no authority to perform notarial acts outside New York's borders.

The acts a New York notary is authorized by law to perform: administering oaths and affirmations, taking affidavits and depositions, and taking acknowledgments and proofs of execution of documents.

A solemn promise made before a notary or other authorized officer, in which the speaker calls on God or a supreme being to witness the truth of the statement or the sincerity of a promise.

A solemn declaration made under penalty of perjury by a person who declines on grounds of conscience to swear an oath; legally it has the same effect as a sworn statement.

A written statement of facts signed by the person making it and sworn or affirmed to be true before a notary, who then attaches a jurat certifying that the oath or affirmation was given.

The person who signs an affidavit and swears or affirms before a notary that its contents are true; the notary identifies the affiant and administers the oath or affirmation.

The notary's certificate on a sworn document stating that the document was signed and sworn or affirmed before the notary on a stated date; it evidences the oath, not the truth of the contents.

Sworn testimony of a witness given outside a courtroom and recorded in writing before a notary or other officer authorized to administer the oath, for later use in a legal proceeding.

A notarial act in which a signer personally appears before the notary, states that the signature is genuine and voluntary, and the notary certifies the identity of the signer and the fact of the signing.

A notarial act in which a subscribing witness personally appears before the notary and swears that he or she saw the signer execute the document and that the signer acknowledged the signature.

A person who signs a document as a witness to the maker's signing and who may later appear before a notary to give sworn proof of that execution.

The written statement, signed by the notary and attached to or printed on the document, that records what notarial act was performed, when, and by whom.

The heading of a notarial certificate naming the state and county where the notarial act was performed, showing the place at which the notary was acting.

The recital in an acknowledgment certifying that the signer came physically before the notary on the stated date; it cannot be satisfied by mail, telephone, or another person's appearance.

The identification standard for notarization: the signer must be personally known to the notary or identified by reliable documents, such as a current government-issued photo identification bearing a signature and physical description.

The role in which a signer acts when signing for another person or entity, such as corporate officer, attorney-in-fact, guardian, or executor; the certificate must state that capacity.

Notary conduct that crosses into law practice, such as giving legal advice, explaining a document's legal effect, drafting documents for a customer, or deciding which document a person should use.

Performing a notarial act on the notary's own signature or on a document in which the notary has a personal, financial, or beneficial interest; prohibited because a notary must be an impartial, disinterested witness.

A notary may not use the notary title to endorse, promote, or advertise for compensation any product, service, or person that requires a license from the state, because the title carries official public trust.

Performing notarial acts after the commission has expired, before the oath of office is filed, or while suspended. Such acts are invalid and expose the person to criminal and civil liability.

The notary must personally sign each notarial certificate. The signature is the act that makes the certificate official; a rubber stamp, a preprinted name, or an assistant's signature cannot substitute.

New York does not require a notary to use a seal, but many notaries use an inked stamp showing the notary's name, the words "Notary Public, State of New York," and the county of qualification.

In addition to the signature, the notary's name must appear in printed or typed form on the certificate, so the official character and identity of the person signing as notary are clear.

The maximum a New York notary may charge for a notarial act is two dollars under Executive Law section 138; demanding or accepting more than that amount is a misdemeanor.

The sixty-dollar fee that must accompany a notary application to the Department of State; the commission is not issued until the application and fee are received and approved.

Permanent cancellation of a notary's commission by the Secretary of State for misconduct, such as making false certificates or charging excessive fees, after notice and an administrative hearing.

A temporary withdrawal of a notary's authority by the Secretary of State; while suspended the person may not perform any notarial act, though the commission may later be restored.

The formal proceeding before the Department of State at which a notary may contest allegations of misconduct; the Secretary of State then decides whether to revoke, suspend, or take other action.

A criminal offense classification used for many notary violations, including charging more than the statutory fee; conviction can bring fines, imprisonment, and loss of the notary commission.

Signing a notarial certificate that states a person appeared, was sworn, or was identified when that did not happen; this is a crime and grounds for removal from office.