Fees, Discipline, Revocation and Penalties
Fees
The statutory cap
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. The fee is per notarial act, not per signature or per page: a certificate covering one signer is one act, and a ceremony that combines swearing and completing a jurat is still a single charge.
What may not be charged
A notary may not bill extra for use of the stamp, for "processing," or for advice about which form to use, because that last item is legal advice. Non-attorney notaries may not split fees with anyone, and may not treat a notarial fee as an add-on to the sale of another product. Attorneys who are also notaries may charge their normal legal fees for legal work, but the notarial component stays capped.
State fees
Separate from what the notary charges, the Department of State charges an application or renewal fee (currently $60) and an examination fee for first-time applicants. Filing the oath with the county clerk may also carry a clerk's fee.
Traps
Question writers test the difference between the notary's fee (capped and small) and the state's licensing fee, and between per-act and per-page charging. Another favorite: a client offers to pay more for "rush" service - accepting it is still a fee violation.
Rule of thumb: count ceremonies, not sheets of paper, and never exceed the statutory maximum.
Discipline, Revocation and Penalties
Grounds
The Secretary of State may discipline a notary for misconduct - false or fraudulent certificates, notarizing without the signer present, exceeding the fee cap, unauthorized practice of law, conviction of a crime involving fraud or dishonesty, failure to file the oath, and failure to cooperate with a Department of State investigation. The Secretary may deny an application, suspend or revoke a commission, and impose a civil penalty, after notice and an administrative hearing.
Process and review
A complaint triggers a Department investigation; the notary receives notice and an opportunity to be heard; the Secretary issues a determination. Review is by a CPLR Article 78 proceeding against the Department, not a jury trial, and courts defer to the agency's factual findings.
Criminal and civil exposure
Performing notarial acts without a commission, or after expiration or revocation, is a misdemeanor, and knowingly making a false certificate can be prosecuted as a criminal instrument offense. Independently, a notary whose defective act injures someone - a forged deed, a rejected filing - can be sued for damages, which is why many notaries buy errors-and-omissions coverage even though it is not required.
Traps
"Only a court may revoke a commission" is false. "A felony conviction automatically ends the commission" overstates it - conviction is a ground for discipline, not self-executing. And an expired commission means every act after the expiration date is unauthorized, so calendar the date printed on the stamp.
Rule of thumb: the Secretary of State is the gatekeeper - appointment, discipline, and revocation all flow from that office.