2025 New York Notary Public License Law

A comprehensive set of vocabulary flashcards covering statutes, procedures, duties, prohibitions, fees, and key terminology related to the New York State Notary Public License Law, including recent provisions for electronic notarization.

Notary Public

A public officer commissioned to administer oaths, take affidavits and depositions, receive and certify acknowledgments or proofs of written instruments, and perform other duties set forth in Executive Law §135.

Commission Term

The four-year period for which a New York notary public is appointed.

Executive Law §130

Statute that authorizes the Secretary of State to appoint and commission notaries public and sets basic eligibility rules.

Executive Law §131

Section detailing the procedure, fees, and paperwork (including oath of office) required for appointment or reappointment of a notary public.

Executive Law §132

Authorizes issuance and filing of certificates of official character for notaries public.

Executive Law §133

Provides for county clerk certification (authentication) of a notary’s signature.

Executive Law §134

Allows county clerks to use a facsimile, printed, stamped, photographed, or engraved signature and seal on notary certifications.

Executive Law §135

Defines the general powers and duties of a notary public, including administering oaths, taking acknowledgments, and protesting negotiable instruments.

Executive Law §135-a

Makes it a misdemeanor to act as, or advertise as, a notary without appointment or to commit fraud while in office.

Executive Law §135-b

Regulates advertising by notaries, especially in languages other than English, and imposes penalties for violations.

Executive Law §135-c

Authorizes electronic notarization, sets definitions (e.g., communication technology, electronic record), and lists registration and performance requirements.

Electronic Notary Public

A commissioned notary who has registered with the Secretary of State to perform electronic notarial acts under Executive Law §135-c.

Communication Technology

Audio-video technology enabling a notary and remotely located individual to communicate simultaneously by sight and sound for electronic notarization.

Identity Proofing

A process (at least NIST IAL2) by which a credential service provider validates and verifies information about a person for electronic notarization.

Credential Analysis

Third-party review of government-issued identification to confirm validity during electronic notarization.

Notary Journal Requirement

Under NYCRR §182.9, notaries must keep contemporaneous records of all notarial acts and retain them for at least ten years.

Certificate of Official Character

A document issued by the Secretary of State or county clerk certifying a notary’s official status and signature.

Authentication (Notarial)

County clerk certificate verifying the authority and signature of a notary public on a document—often required for out-of-state or foreign use.

Acknowledgment

A formal declaration before an authorized officer that the signer executed a document; also the officer’s certificate attesting to that fact.

Proof by Subscribing Witness

Testimony of a witness who saw the signer execute an instrument; allowed when signer cannot appear, per RPL §304.

Jurat

The part of an affidavit where the notary certifies that it was sworn to before him/her, typically reading “Sworn to before me this ….”

Affidavit

A signed statement sworn before a notary or other officer authorized to administer oaths.

Oath

A verbal pledge, administered by a notary, that statements are made under a sense of responsibility to a Supreme Being; violation constitutes perjury.

Affirmation

A solemn declaration, legally equivalent to an oath, used by persons who conscientiously decline taking an oath.

Perjury

The crime of willfully making a false statement under oath or affirmation on a material matter.

Venue (Notarial)

The geographic location (State and County) where the notarial act is performed; must appear on every acknowledgment or jurat.

Notarial Fees – Oath/Affirmation

$2.00 per oath or affirmation administered (Executive Law §136).

Notarial Fees – Acknowledgment

$2.00 per person for taking and certifying an acknowledgment or proof of execution (Executive Law §136).

Notarial Fees – Electronic Act

Fee set by regulation; currently $25 per electronic notarial act (19 NYCRR §182.11[g]).

Official Misconduct (Penal Law §195.00)

Class A misdemeanor for a public servant who unlawfully exercises official functions or knowingly fails to perform a duty.

Forgery in the Second Degree (Penal Law §170.10)

Class D felony involving false making or altering of a written instrument affecting legal rights, including false notary certificates.

Issuing a False Certificate (Penal Law §175.40)

Class E felony for a public servant who issues an official certificate knowing it contains false information.

Removal for Misconduct

The Secretary of State may suspend or remove a notary for misconduct, after serving charges and providing an opportunity to be heard (Exec. Law §130).

Disqualifying Interest

A notary is barred from acting when personally a party to, or directly/pecuniarily interested in, the transaction.

County Clerk – Free Notary Service

Under County Law §534, each county clerk must have at least one staff notary available to the public during business hours free of charge.

Out-of-State Attorney Notary

An attorney admitted in NY who lives out of state but maintains a NY law office is deemed a resident of that county for notary appointment.

Member of Legislature – Compatibility

A legislator may serve as a notary because the appointment power shifted to the Secretary of State (1927 A.G. opinion).

Sheriff Disqualification

State Constitution Art. XIII §13(a) bars sheriffs from holding any other office, including notary public.

Electronic Signature (Notary)

A unique, verifiable, tamper-evident signature controlled solely by the electronic notary and linked to the electronic record.

Remote Online Notarial Certificate

Certificate for an electronic act that must state the signer appeared using communication technology (Exec. Law §135-c 5[d]).

Ten-Year Record Retention

Electronic notaries must keep audio-video recordings and related records for at least 10 years (Exec. Law §135-c 2[b]; 19 NYCRR §182.9).

Satisfactory Evidence of Identity – In Person

Government photo ID current and valid; two signed documents; personal knowledge; or credible witnesses (NYCRR §182.5).

Satisfactory Evidence – Remote

Involves ID verification, credential analysis, and identity proofing by a third-party provider meeting NYCRR standards.

Qualified Nonresident Notary

A nonresident with an office or place of business in NY may be appointed; must file oath/signature with the clerk of the business-location county.

Public Officers Law §15

Makes it a misdemeanor for a public officer, including a notary, to act before taking and filing the official oath.

Public Officers Law §67

Prohibits public officers from charging more than statutory fees and from charging for services not performed.

Judiciary Law §484

Prohibits anyone not admitted to the bar from practicing law or preparing specific legal documents for compensation.

Advertising Disclaimer (NYCRR §182.1)

Required statement (e.g., in Spanish: “No estoy facultado para ejercer la profesión de abogado…”) for notaries advertising in languages other than English.

Apostille

Department of State authentication attached to a notarized and county-certified document for international use under The Hague Convention.

Bill of Sale

A written instrument transferring title to personal property from seller to buyer.

Certified Copy (Public Record)

Copy of an official record authenticated by the record-custodian; a notary has NO authority to issue certified copies of public records.

Chattel Paper

A writing evidencing both a monetary obligation and a security interest in or lease of specific goods.

Codicil

A document that modifies a previously executed will.

Deposition

Out-of-court testimony taken under oath before a notary (or other officer) for later use in litigation; authorized by CPLR 3113.

Escrow

Holding of a document or property by a third party to be delivered on occurrence of a specified event.

Guardian

Person legally appointed to manage the affairs of a minor or incapacitated person.

Lien

Legal claim or charge on property to secure a debt or obligation until satisfied.

Mortgage (Real Property)

Written instrument creating a lien on real estate to secure payment of a debt.

Protest

Formal statement by a notary that a bill or note was presented for payment or acceptance and was refused.

Seal (Notary)

Not required in New York; if used, it must at least state the notary’s name and “Notary Public, State of New York.”

Signature of Notary Public

Must match the name on the commission and be accompanied by printed/stamped name, “Notary Public State of New York,” county of qualification, and commission expiration date.

Statute of Frauds

Law requiring certain contracts to be in writing (e.g., real estate transfers) to be enforceable.

Subordination Clause

Provision allowing a future mortgage to take priority over an existing mortgage.

Sunday Acts

A notary may take acknowledgments and affidavits on Sunday, but depositions in civil proceedings are prohibited.

Taking an Acknowledgment

Process where signer declares to a notary that he executed the instrument and the notary identifies the signer; culminates in the notary’s certificate.

Schedule of Appointment Fee

$60 total: $40 for appointment plus $20 for filing the oath of office with the county clerk.

Duplicate Identification Card Fee

$10 fee for a replacement notary ID card stamped “duplicate.”

Change of Name/Address Fee

$10 payable to the Secretary of State for amending a notary’s commission information.

Banking Law §335

Requires a notary’s presence when a bank opens a delinquent safe-deposit box and mandates filing and mailing of a notarial certificate of contents.

Real Property Law §303

Prohibits a notary from taking an acknowledgment unless the notary knows or has satisfactory evidence of the signer’s identity.

Real Property Law §333

Bars recording of real property conveyances unless the document and its acknowledgment are in English (or include a certified translation).

Valid Acts Despite Defects (Exec. Law §142-a)

Protects acts of notaries and commissioners of deeds from being invalidated due to specific defects (e.g., expired commission) unless known within six months.

Criminal Contempt (Judiciary Law §750)

Courts’ power to punish unauthorized practice of law, including by notaries, as criminal contempt.

Professional Conduct Warning

DOS views notarizing without personal appearance or sloppy oath administration as serious misconduct warranting removal from office.

1) If a Notary refuses to notarize an affidavit presented for NY notary Mobile services. What is the potential maximum jail sentence?
A. One month.
B. Three months
C. Six months.
D. One Year

One Year

2) The notary certificate of a witness to the execution of a real estate conveyance is called a:
A. Qualified resident.
B. Official Character
C. Proof certificate
D. None of the above

Proof certificate

3) Which of the following is in the requirements to become a Notary Public in New York?
A) Be at least 18 years old.
B) No special education or common school level
C) Be a resident and or a qualified non-resident resident
D) All the above.

All the above.

4) If a Notary moves to another state but still works in NYS he/she:
A) Will pay an additional $15 out of state fee
B) No longer is qualified
C) Must get NY driver's license
D) Still is a qualified non-resident-resident".

Still is a qualified non-resident-resident

5) Which of the following are errors a notary can make that will not make the foregoing instrument get unrecorded?
A) If the Notary Public was purporting to be a notary but was not licensed.
B) If the Notary Public commission was expired.
C) If a New York Notary notarizes in another state.
D) All the above.

All the above.

What is the name of the location where the Notary notarizes something?
A) Protest for non-payment
B) Venue.
C) Affidavit
D) Mobile Notary

Venue.

If your neighbor you know asks you to notarize an affidavit you must?
A) Administer an Oath of office.
B) Administer an Oath & fill out the Jurat.
C) Require a government issued, photo identification.
D) Do a Protest for Non Payment certificate.

Administer an Oath & fill out the Jurat.

Which of the following activities may a non-attorney Notary perform?
A) Explain to people what they are signing.
B) Make a certified original certificate on a government document photocopy.
C) Contracts of marriage within NY State borders.
D) Administer an oath of office for a military officer.

Administer an oath of office for a military officer.

Which of the following acts can be performed by a Notary Public on Sunday?
A) Certified original certificate of government doc photocopy.
B) Affidavit
C) Someone's signature to their own will by non-attorney notary.
D) A contract of marriage

Affidavit

What is the County Clerk fee for a certificate of Official Character?
A) $200
B) $5.00
C) $11.00
D) No charge because it's a free service to the general public.

5

What is every instrument in writing, except a will that transfers real estate interests?
A) Conveyance
B) Escrow
C) Vendor receipt
D) Duress

A) Conveyance

Latin name for the words, "Sworn to before me this _______ day of ______".
A) Pro Se
B) The Oath.
C) The Affirmation.
D) Jurat

Jurat

What is a New York State Notary Public conflict of interest?
A) Knowing the affiant personally.
B) When you like somebody.
C) When the document is from your company.
D) Legal Consideration

Legal Consideration

A deponent is?
A) One named in a will to carry out the provisions.
B) The testimony of a witness taken out of court under oath/affirmation.
C) An agreement.
D) Someone ordered to a hearing out of court called a deposition.

Someone ordered to a hearing out of court called a deposition.

What is the notary fee for a protest of non-payment?
A) .75 cents for the first one and .10 cents thereafter limit of 5
B) $25 for unlimited within 24 hrs.
C) $5 for the original and .50 cents per copy.
D) $10 with a limit of 7.

.75 cents for the first one and .10 cents thereafter limit of 5

What is the name of what a Notary places below the Notary signature?
A) Seal
B) Stamp
C) Statement of Authority
D) Certification

Statement of Authority

Who approves the appointment of a Notary Public?
A) The name appointed under and no other.
B) County Clerk
C) Secretary of State
D) Town judge where the Notary resides

Secretary of State

What is the fee for changing name for marriage purposes and updating the State?
A) The maiden name change fee $10
B) Free for anyone changing names for marriage purposes.
C) $5 to update the database.
D) $12 one-time fee

Free for anyone changing names for marriage purposes.

Who must be with a bank employee to witness the terminated lease opening of a an abandoned safety deposit box?
A) A police officer or Sheriff.
B) A bank officer or employee of the lessor.
C) The lessee.
D) A Notary Public

A Notary Public

Who can translate a deed into another language to be filed in a NY County Clerk?
A) Translator with certificate of designation by the county judge.
B) Translation certified expert by Translators Society of USA.
C) Affidavit service magistrate.
D) All the above.

Translator with certificate of designation by the county judge.

What can happen to a notary for doing something illegal or with malfeasance?
A) Can be summoned to a NYS tribunal hearing for license revocation.
B) Can go to criminal court as a defendant.
C) Can be sued for $ damages in Civil court.
D) All the above.

All the above.

What do the two witnesses to a will sign?
A) The witness approval proof certificate.
B) Attestation clauses
C) Identity verification form
D) The affidavit

Attestation clauses

What is Chattel?
A) Beef stock certificates.
B) Personal property such as household goods or fixtures.
C) The Latin word for Jurat
D) The damages paid for wrongful Notary Public Fees charged by a Notary Public NY

Personal property such as household goods or fixtures.

Who issues certificates involved in various Notary Public procedures?
A) The county clerks offices.
B) The Secretary of State's offices.
C) The Notary Public.
D) All the above.

All the above.

What is an Executor
A) A document that verifies a Notary's authority.
B) The placing of an instrument in the hands of a person as a depository.
C) The one named in the will to carry out the provisions of a will.
D) An instrument that modifies an already existing will.

The one named in the will to carry out the provisions of a will.

What is the fee charged to a person for an affidavit at the County Clerks Office?
A) $2.00
B) $2.00 for each original signature witnessed.
C) .75 (cents) for the first one and .10 (cents) for the second one.
D) Notary services are free during normal business hours.

Notary services are free during normal business hours.