NY Notary study guide
NY Notary · Work through your exam, one topic at a time.
A New York notary public commission is a license issued by the New York State Secretary of State that authorizes the commission holder to perform a defined set of official acts. The Department of State describes notarial functions as administering oaths and affirmations; taking affidavits and depositions; receiving and certifying acknowledgments or proofs of written instruments such as deeds, mortgages and powers of attorney; and demanding acceptance or payment of foreign and inland bills of exchange, promissory notes and written obligations, and protesting them for non-payment. The NY Notary study guide has 5 sections and about 2,392 words.
01General Provisions and Qualifications for Appointment
New York notaries are created by Executive Law Article 6 and commissioned by the Secretary of State , through the Division of Licensing Services - not by a court, a county clerk, or the Governor. An applicant must be at least 18 years old, of good moral character, and either a New York resident or a nonresident who maintains a place of business or practice in this state (a New York-admitted attorney with a New York office qualifies).
341 words, about 2 min02Powers and Duties: Oaths, Affirmations, Affidavits, Depositions
A New York notary may (1) administer oaths and affirmations, (2) take affidavits and depositions, (3) receive and certify acknowledgments and proofs of execution, and (4) demand acceptance of bills of exchange and promissory notes and protest them for non-acceptance or non-payment. Every one of these may be performed anywhere in the state.
341 words, about 2 min03Acknowledgments, Proofs and Certificates
The signer personally appears, is identified, and states that he or she executed the instrument voluntarily for its stated purpose. The signer need not sign in the notary's presence - signing earlier is fine - but the appearance, identification, and acknowledgment must genuinely occur.
358 words, about 2 min04Prohibited Acts, Signature and Official Seal/Signature Requirements
A notary may not draft documents, select which document a client needs, explain legal effect, or tell someone whether to sign. Supplying a form and performing the mechanics is fine; advice is not.
686 words, about 3 min05Fees, Discipline, Revocation and Penalties
New York does not permit market pricing for notarial acts. Executive Law §136 sets a statutory maximum - historically $2 for administering an oath or affirmation and for taking an acknowledgment or proof of execution - and a notary who charges more commits misconduct that can cost the commission.
666 words, about 3 min