To become a notary public in New York, you need to be a U.S. citizen who lives in New York or keeps a business office here, pass the state’s written notary exam, and mail an application, a signed oath of office, and a $60 fee to the Department of State. Once approved, your commission lasts four years. The whole process usually takes several weeks from exam day to receiving your ID card.
Who Can Be Appointed
New York Executive Law §130 sets the eligibility rules. You must be a United States citizen and either a resident of New York State or a non-resident who maintains an office or place of business in the state.1New York State Senate. New York Code EXC 130 – Appointment of Notaries Public There is no statutory minimum age, but the law requires the equivalent of a common school education and familiarity with notary duties, which in practice limits appointments to adults.
The Secretary of State must also find that you are of good moral character. A criminal conviction is not an automatic bar. The Secretary evaluates any conviction under Article 23-A of the Correction Law, and a certificate of relief from disabilities or a certificate of good conduct weighs in your favor.1New York State Senate. New York Code EXC 130 – Appointment of Notaries Public
If You Are Already an Attorney or Court Clerk
Attorneys admitted to practice in New York can be appointed as notaries without taking the exam.2New York Department of State. Notary Public License Law The same exemption covers court clerks of the Unified Court System appointed after passing a civil service promotional exam in the court clerk title series.1New York State Senate. New York Code EXC 130 – Appointment of Notaries Public An attorney who lives in an adjoining state but keeps a law office in New York is treated as a resident of the county where that office sits.
Passing the Written Exam
If you don’t qualify for an exemption, the next step is the state’s written notary exam.3New York Department of State. Become a Notary Public It’s offered as a walk-in at locations across New York on a scheduled basis, with no pre-registration. Seats go first-come, first-served, so arrive at least 15 minutes before the posted start time. Late arrivals aren’t admitted.4New York Department of State. Notary Public Walk-In Written Examination Schedule
Bring a valid photo ID and the $15 exam fee. The test is multiple choice, drawn from New York notary law and procedure, and you need 70% to pass.4New York Department of State. Notary Public Walk-In Written Examination Schedule Dates and locations change, so check the Department of State’s current schedule before you travel to a site.
How to Study
The Department of State publishes the Notary Public License Law booklet, which covers every topic on the exam.2New York Department of State. Notary Public License Law Read it carefully. The questions pull directly from that material, including the specific duties and restrictions on notaries, the types of notarial acts, and the fees you’re allowed to charge. The role sounds simple, and that’s what trips people up on test day.
Applying for Your Commission
After you pass, you receive a pass slip. Keep it. You’ll include it with your application.
Download the Notary Public Application form from the Department of State website and fill in your personal information, contact details, and employment history. You also complete an Oath of Office form. The oath must be signed in front of a commissioned notary public or a New York county clerk, who signs as the witness.
Mail the application, the signed oath, and a $60 fee, by check or money order payable to the Department of State, to the Division of Licensing Services.5New York Department of State. Notary Public Oath of Office
What Happens After You’re Approved
Processing times vary. Once approved, you receive a notary public identification card showing your name, address, county, and commission term. You don’t have to file your oath with the county clerk yourself. The Secretary of State transmits your commission, the original oath, your signature, and $20 of your fee to the county clerk’s office in your county of residence, which keeps the records on file so anyone can verify your commission.6New York State Senate. New York Code EXC 131 – Procedure of Appointment, Fees and Commissions, Fee Payment Methods
Your commission runs four years from the date of appointment.7NYS Department of State Division of Licensing Services. New York Notary Public License Law
What You Can Charge
New York caps notary fees per act, and the numbers are low:
- Oath or affirmation: $2
- Acknowledgment or proof of execution: $2 per person
- Swearing a witness: $2
- Electronic notarial act: up to $25 per act
The $2 ceiling for in-person acts is set by Executive Law §136 and can’t be exceeded unless another statute authorizes a different amount.8Public.Law. New York Executive Law Section 136 – Notarial Fees Electronic notaries may charge up to $25 per electronic notarial act.9New York Department of State. Notary Public Frequently Asked Questions Many notaries perform their work for free through their employers because the fee revenue on its own is negligible.
What Notaries Cannot Do
This is where new notaries get into trouble most often. Unless you are also a licensed attorney, you cannot give legal advice or prepare legal documents. That includes wills, deeds, contracts, leases, powers of attorney, and any court filings. You cannot advertise powers beyond what New York law grants, and you cannot split fees with or refer business to a lawyer for compensation.2New York Department of State. Notary Public License Law
You cannot notarize a document in which you have a financial interest, and you cannot notarize your own signature.2New York Department of State. Notary Public License Law For in-person notarizations, the signer must physically appear before you. Taking an acknowledgment or affidavit over the phone has always been illegal in New York. Remote notarization is now allowed, but only through the state’s electronic notarization framework, which requires a separate registration after you already hold a commission.9New York Department of State. Notary Public Frequently Asked Questions
Practicing fraud or deceit as a notary is a misdemeanor, and the Secretary of State can remove you from office for misconduct.10New York State Senate. New York Consolidated Laws Executive Law EXC 135-a
Renewing at the End of the Four Years
You become eligible to renew 90 days before your commission expires. The expiration date prints on your notary ID card, and tracking it is your responsibility. The Department of State notes delays in mailing renewal reminder postcards, so don’t count on receiving one.11Department of State. Renew or Update Notary Public License
The renewal fee is $60, the same as the initial application. You can renew online through NY Business Express or by paper form DOS-0026. A new oath of office, signed in front of a commissioned notary, accompanies the renewal. You don’t retake the exam.11Department of State. Renew or Update Notary Public License