New York Notary Law: Fees, Commissioning, and Electronic Notarization

New York notary law sits mainly in Executive Law Article 6, with related provisions in the Real Property Law, Judiciary Law, and Penal Law. It caps notarial fees at $2 per act, dictates how signers must be identified, requires specific wording on every notarization, forbids conflicts of interest, and treats serious misconduct as a felony. Whether you already hold a commission or are preparing to apply, the sections below cover the rules that govern each notarization you perform and the penalties for getting them wrong.

What a New York Notary Is Authorized to Do

Executive Law § 135 gives notaries the power to administer oaths and affirmations, take affidavits and depositions, take acknowledgments and proofs of deeds, mortgages, and powers of attorney, and protest negotiable instruments for non-payment.¹ Most of the work in practice is administering oaths for affidavits and sworn statements, and taking acknowledgments for real estate closings, powers of attorney, and similar signed documents.

Taking an acknowledgment means confirming that the person signing is who they claim to be and that they signed voluntarily. Under Real Property Law § 309-a, the notary’s certificate must state that the signer was either “personally known to me or proved to me on the basis of satisfactory evidence” to be the individual named in the document.² The statute doesn’t define “satisfactory evidence” as a checklist. Standard practice is a current government-issued photo ID such as a driver’s license or passport.

Notaries can certify copies of certain records, such as business documents or personal correspondence. They cannot certify copies of vital records like birth or death certificates, which must be obtained through the issuing government agency.

The $2 Fee Cap

Executive Law § 136 sets the maximum a notary may charge:

Oath or affirmation: $2
Acknowledgment or proof of execution: $2 per person
Swearing a witness: $2

Fees for electronic notarial services are set separately by the Secretary of State through regulation.³ Charging more than the statutory maximum is grounds for disciplinary action, including removal from office. Mobile notaries are not prohibited from charging a separate travel fee, but the notarial act itself cannot exceed the cap.

Who Qualifies and How to Get Commissioned

To qualify for a commission, you must be at least 18, a United States citizen, and either a New York resident or someone who maintains an office or place of business in the state.⁴ You must also show good moral character. Certain felony convictions, particularly those involving fraud or dishonesty, can disqualify you. Applicants with a prior conviction may still be eligible through a certificate of good conduct or relief from civil disabilities under Correction Law Article 23-A (§§ 750–755), which requires the licensing agency to weigh factors such as time elapsed since conviction and the nature of the offense.

Every applicant must pass the New York State notary public examination, which tests knowledge of notarial laws, procedures, and ethical responsibilities. Attorneys admitted to the New York State Bar and clerks of the Unified Court System are exempt from the exam.⁴

The application goes to the Department of State with a $60 fee, payable by check, money order, or credit card (Visa or Mastercard). You also sign an oath of office before a commissioned notary or other authorized official as part of the application.⁴ For residents, the Department of State forwards the oath card to the county clerk where you reside. Non-residents file the oath of office and signature with the county clerk in the county where their office or business is located. You cannot begin notarizing until that filing is complete and your notary public identification card has arrived.

Four-Year Term and Renewal

A commission lasts four years.⁵ You become eligible to renew 90 days before expiration. The renewal fee is $60, and you don’t retake the exam.⁶ The Department mails a reminder postcard to the address on file, though delays have occurred in recent years, and a postcard sent to an outdated address does not excuse a lapse.

Once your commission expires, your authority to notarize stops immediately. Any notarization performed after expiration is invalid and could expose you to liability. Miss the renewal window and you have to submit a new application rather than renew. If your name or address changes mid-term, file a Change Notice (Form DOS-1473-f) with the Department of State promptly.⁶

What Must Appear on Every Notarized Document

New York does not require an embossing seal or rubber stamp. What the law does require is that you legibly print, type, or stamp your name, the words “Notary Public, State of New York,” your county of qualification, and your commission expiration date on every notarized document.⁵ Most notaries use an ink stamp containing all of this information.

If the document will be used in another state or country, the receiving jurisdiction may require a seal or embossed impression. Check destination requirements before finalizing. Keep any stamp or embosser clear of signatures and printed text so nothing becomes illegible.

Conflicts of Interest

A notary must disqualify themselves from any transaction in which they are a party or have a direct financial interest. This is where most discipline cases originate, and the rule is broader than people expect. If you stand to gain financially from the document, you cannot notarize it.

Executive Law § 138 carves out a limited exception for corporate settings. A stockholder, director, officer, or employee of a corporation can notarize documents for others within that corporation, so long as they are not a party to the instrument themselves, whether individually or as a representative of the corporation.⁷

New York does not flatly prohibit notarizing for relatives, but the financial-interest disqualification still applies, and family transactions frequently involve shared financial interests. If you’re named in a relative’s will, benefit from a family real estate transfer, or share a joint account referenced in the document, you’re disqualified. When in doubt, decline and refer the signer elsewhere.

Unauthorized Practice of Law

This is the trap that catches the most non-attorney notaries. A commission does not authorize you to give legal advice, draft legal documents, or represent anyone in legal matters. Department of State guidance is specific: a non-attorney notary may not prepare wills, deeds, contracts, leases, powers of attorney, incorporation papers, or any other documents that courts treat as legal instruments.⁷

A notary also cannot solicit legal business on behalf of an attorney, split fees with an attorney, or advertise powers beyond those granted by law. Judiciary Law § 485-a makes the unauthorized practice of law a class E felony, punishable by up to four years in prison.⁸

Foreign-Language Advertising Disclaimers

In many Latin American countries, a “notario público” is a licensed attorney with broad legal authority. Because of this, non-attorney notaries in New York who advertise in a language other than English must include a disclaimer: “I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.” The disclaimer must appear in the same language as the advertisement. The Department of State provides required disclaimer text in Spanish, Chinese (simplified and traditional), Korean, and Haitian Creole.⁷

Notaries are also prohibited from using foreign-language terms that imply they are attorneys, including “abogado,” “mandataire,” or similar words. A first violation carries a civil penalty of up to $1,000. A second violation can result in suspension, and a third can lead to removal from office.

Recordkeeping

New York does not require a journal for traditional paper notarizations. Keeping one anyway is cheap self-protection: an entry recording the date, type of act, signer’s name, identification method, and document type can settle a dispute years later. Without a journal, your only defense is your memory.

For electronic notarizations, recordkeeping is mandatory. Executive Law § 135-c requires notaries using audio-video communication technology to retain a copy of the recording and a notation of the identification method used, kept for at least ten years from the transaction date.⁹ Store the records securely and have a plan for what happens to them if you leave the profession.

Electronic Notarization

Executive Law § 135-c authorizes electronic notarization using secure audio-video communication technology. Before offering the service, register your electronic notarization capability with the Secretary of State and pay a separate registration fee.⁹

Identity verification must be at least equivalent to in-person notarizations, with additional safeguards. The system must use at least two different authentication processes to verify the remote signer’s identity. The audio-video connection must be live and in real time, secure from interception, and allow the notary to see and communicate with the signer throughout the session. A notary’s personal knowledge of the signer can satisfy the identity requirement even in electronic notarizations.⁹ The technology platform must comply with standards set by the Secretary of State through regulation, so confirm any software has been approved before taking your first remote client.

Discipline, Criminal, and Civil Exposure

The Department of State investigates complaints and can suspend or revoke a commission. Common grounds include notarizing when the signer is not physically present (for traditional notarizations), failing to verify identity, charging more than $2, notarizing a transaction where you have a financial interest, and practicing law without a license. Notaries facing disciplinary proceedings have the right to a hearing before the Secretary of State. Outcomes range from a warning to suspension to permanent revocation, depending on severity and pattern.

Criminal exposure is real. Under Penal Law § 175.40, issuing a false certificate with intent to defraud is a class E felony, applying to any public servant who issues an official instrument knowing it contains a false statement.¹⁰ A class E felony carries a maximum prison sentence of four years.⁸ Forging a signature or notarizing without the signer’s knowledge can trigger additional fraud and forgery charges.

Civil liability is a separate risk. If negligent identity verification enables a fraudulent real estate transaction or forged power of attorney, the injured party can sue for their losses. Courts have held notaries personally responsible, and damages in real estate fraud cases can be substantial. Errors and omissions insurance provides a financial buffer; typical policies run roughly $40–$50 per month for $1 million in coverage per occurrence, with deductibles around $500.

Apostilles for Documents Going Abroad

If a notarized document will be used in another country, it will likely need an apostille or authentication certificate. For countries that are members of the 1961 Hague Apostille Convention, the New York Department of State issues apostille certificates. For non-member countries, you need a certificate of authentication instead.

The sequence matters. The document must first be certified by the county clerk in the county where the notary’s commission is filed. It then goes to the Department of State with $10 per document, submitted by mail or in person.¹¹ One common mistake: do not notarize a document that has already been notarized just to add authentication. That can invalidate the original notarization. The apostille process follows the notarization; it does not replace it.

1
New York State Senate. New York Code Executive Law 135 – Powers and Duties
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New York State Senate. New York Real Property Law 309-A
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New York State Senate. New York Executive Law 136 – Notarial Fees
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Department of State. Become a Notary Public
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Department of State. Notary Public
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Department of State. Renew or Update Notary Public License
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Department of State. Notary Public License Law
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New York State Senate. New York Penal Law 70.00 – Sentence of Imprisonment for Felony
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New York State Senate. New York Executive Law 135-C
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New York State Senate. New York Penal Law 175.40 – Issuing a False Certificate
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Department of State. Apostille or Certificate of Authentication