A commissioned Notary Public in New York State is a state-appointed official who serves as an impartial witness to prevent fraud. Notaries verify the identity of document signers, administer oaths and affirmations, and attest to the authenticity of signatures. This position requires adherence to state laws and a thorough understanding of authorized duties. Successful completion of the required steps leads to a four-year term of commission under the authority of the New York Department of State.
Meeting the Basic Eligibility Requirements
Applicants must satisfy several prerequisites before beginning the application process. They must be at least 18 years old and demonstrate good moral character. Applicants must also either reside in New York State or maintain an office or place of business within its boundaries.
The state requires applicants to possess the equivalent of a “common school education” and sufficient English proficiency to understand the laws and duties of the office. While U.S. citizenship is not required, applicants must be a citizen or a lawful permanent resident alien of the United States. A felony conviction typically results in disqualification, unless the applicant has secured an executive pardon or a Certificate of Relief from Disabilities or Good Conduct.
Preparing for and Passing the Notary Public Examination
The Notary Public examination is required for most applicants and is administered by the Department of State (DOS). This test consists of 40 multiple-choice questions that must be completed within 60 minutes. The examination is based entirely on the New York Notary Public License Law, covering the powers, duties, and restrictions of the office.
Applicants should review the official Notary Public License Law, available from the DOS, to prepare. A passing score of 70% is required to move forward in the commissioning process. Attorneys admitted to practice in New York or certain court clerks are exempt from the exam, but they must still pay the application fee.
Upon passing, the DOS issues a pass slip, which is required for the application submission. The results are valid for two years. Unsuccessful applicants may retake the exam after paying the required $15 examination fee.
Completing the Official Application and Submission
After passing the examination, applicants must submit the official application to the New York State Department of State. The form must be completed with personal information, including the exact name the applicant will use for their notarial signature. The application process can be completed online through the NY Business Express portal, allowing for electronic submission of documents.
A statutory application fee of $60 is required, payable by check, money order, or credit card. Applicants must download the official Oath of Office form, have it signed and notarized by an existing notary, and upload the completed form with their application.
The application packet must include the original pass slip from the DOS, unless the applicant is exempt as an attorney or court clerk. The Department of State processes the submission, verifying the information and confirming that all statutory requirements have been met.
Understanding the Commissioning and Oath of Office
Once the Department of State approves the application and supporting documentation, the commissioning process begins. The Secretary of State issues the commission, and the applicant becomes an appointed Notary Public. The commission takes effect once the original Oath of Office and the official signature are filed with the Department of State.
The Secretary of State forwards the commission, oath, and signature to the County Clerk in the notary’s county of residence or business. The County Clerk maintains a public record of the commission, allowing the public to verify the notary’s status. The notary receives an identification card from the Department of State, which lists the name, commission county, and the four-year term’s effective and expiration dates.
Notary Public Responsibilities and Limitations
A commissioned Notary Public is authorized to perform specific duties governed by the New York Executive Law. These duties include:
- Administering oaths and affirmations.
- Taking affidavits and depositions.
- Receiving and certifying acknowledgments of written instruments, such as deeds and mortgages.
- Demanding acceptance or payment of foreign and inland bills of exchange and protesting them for non-acceptance or non-payment.
Notaries must act within the boundaries of their authority to avoid misconduct and liability. They are prohibited from giving legal advice or drafting legal documents, as this constitutes the unauthorized practice of law. Notaries must also refrain from notarizing documents if they have a personal interest in the transaction or if the document contains their own signature.
New York notaries are required to maintain a journal of every notarial act performed, whether traditional or electronic, and retain this record for a minimum of ten years. The journal entry must detail the date and type of act, the names of the parties, and the method used to confirm the signer’s identity. Notaries may only charge a maximum fee of $2.00 for administering an oath or taking an acknowledgment, unless otherwise authorized by law.
Maintaining and Renewing Your Commission
A Notary Public commission is valid for a four-year term, with the expiration date printed on the identification card. The Department of State sends a renewal reminder approximately three months before expiration. Notaries must ensure their address is current with the DOS to receive this notification.
The renewal process requires submitting a renewal application form and paying the $60 renewal fee. The application must include a newly executed Oath of Office, signed and notarized by a different commissioned notary. Renewal must be completed and submitted before the expiration date to avoid a lapse in authority.
The state allows a six-month grace period after the expiration date for renewal without retaking the written examination. If the commission is not renewed within this six-month window, the individual must reapply as a new applicant and pass the examination again. Notaries must also submit a Change Notice form and a $10 fee to the Department of State to update any change in their name or address during the commission term.