General Provisions and Qualifications for Appointment
Eligibility and application
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). First-time applicants file an application with the statutory fee and must pass the state notary examination; renewals go to the same agency. No bond or errors-and-omissions coverage is required to hold a commission.
The four-year term and the 30-day trap
The commission runs four years from its start date. Within 30 days after the term begins, the notary must take and file the oath of office, together with a specimen signature, with the county clerk of the county where the notary resides (a nonresident files in the county of the place of business). Questions love to substitute the Secretary of State for the county clerk. A late or missing filing voids the commission, so the notary should not perform notarial acts until the oath is on record. Name and address changes must be reported to the Department of State. The notarial authority itself is statewide - the county of qualification identifies the filing county; it does not fence the notary in.
Rule of thumb: "Thirty days, county clerk, four years." An answer choice saying the oath goes to the Secretary of State, or is due in 60 days, is wrong.