Notary Public NYC Study Guide: Terms, Duties, and Fees

The New York notary public exam study guide below covers what the Secretary of State actually tests: Executive Law Article 6, the Notary Public License Law, and a short list of related rules on fees, prohibited conduct, and eligibility. The test is multiple choice, administered on a walk-in basis, and scored pass or fail with no numerical result.¹ Master the material below and you will recognize almost every question on test day.

Who Can Sit for the Exam

You must be a New York State resident or maintain an office or place of business in the state. The Secretary of State also has to be satisfied that you are of good moral character, have the equivalent of a common school education, and are familiar with notarial duties, which you prove by passing the written exam.²

A felony conviction generally disqualifies you, and certain misdemeanors do as well. If you have an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct from the parole board, the Secretary of State may still consider your application.³

One eligibility point shows up on the exam often: an attorney admitted in New York whose law office is in the state may hold a commission even while living in an adjoining state, and is treated as a resident of the county where the office sits.² The exception applies only to licensed attorneys, not to other commuting professionals.

Some people skip the test entirely. Members of the New York State Bar, and court clerks of the Unified Court System appointed after passing a civil service promotional exam in the court clerk title series, are not required to take the notary exam. They still file the application and pay the fee.³

How the Exam Works

The exam is a multiple-choice test on Executive Law Article 6 and the Notary Public License Law.⁴ No pre-registration. You arrive at a scheduled walk-in site, and seats fill first-come, first-served.¹ Sites include Albany, Binghamton, Buffalo, Hauppauge, New York City (123 William Street), Rochester, Syracuse, and Utica, among others.

Results come back as pass or fail. If you pass, you get a pass slip to submit with your application. Schedules are posted several months out, so confirm dates and locations before you travel.

Definitions You Have to Know Cold

Terminology carries most of the exam. The Department of State’s Notary Public License Law booklet is the source for every definition below, and the test expects the precise version.

Acknowledgment, Affidavit, and Jurat

An acknowledgment is a formal declaration made before an authorized officer by a person who has signed a document, confirming that the signature is their own act and deed.⁴ The signer does not have to sign in front of you; they only have to appear and declare that they signed it voluntarily.

An affidavit is a signed written statement sworn to before a notary or other authorized officer.⁴ Unlike an acknowledgment, an affidavit puts the truth of the statements at issue.

A jurat is the notary’s certificate attached to the affidavit, stating that the document was sworn to before the notary. It is not the affidavit itself.⁴ Distinguishing the three is one of the most commonly tested points on the exam.

Oath and Affirmation

An oath is a verbal pledge in which the person taking it acknowledges a responsibility to God and accepts that a false statement will carry consequences. An affirmation serves the same legal purpose and is available to anyone with religious or conscientious objections to swearing an oath. An affirmation is just as legally binding as an oath.⁴

A simple oath for an affidavit reads: “Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?” The affirmation version: “Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?”⁴ Expect a question on whether a notary should offer an affirmation when a signer refuses an oath. The answer is yes.

Deposition and Protest

A deposition is sworn testimony taken outside of court, before a notary or other authorized officer, for use at a later trial or hearing. A protest is a formal written statement, under seal, that a bill of exchange or promissory note was presented for payment or acceptance and was refused.⁴ Protests apply to negotiable instruments and have their own fee, covered below.

Other Terms That Appear

Lien: a legal claim on specific property that remains attached until the underlying debt is satisfied.
Consideration: anything of value given to induce someone to enter a contract, whether money, services, or personal affection.
Duress: unlawful pressure that forces a person to act against their will.

All three come from the official License Law booklet,⁴ which the Department of State publishes online and which is the single best resource for exam prep.

What a Notary Can Do

A commissioned notary may act anywhere in New York State, not just in the county of appointment. Under Executive Law §135, a notary may administer oaths and affirmations, take affidavits and depositions, certify acknowledgments or proofs of execution for deeds and other written instruments, and protest negotiable instruments for non-payment or non-acceptance.⁵

An attorney who is also a notary has broader discretion. That notary-attorney may administer an oath or take an affidavit from their own client on any matter, claim, or proceeding.⁵ A non-attorney notary does not have that authority.

Fees a Notary May Charge

The dollar figures are set by statute and tested directly. Memorize them:

Administering an oath or affirmation, and certifying it: $2.00.
Taking an acknowledgment or proof of execution: $2.00 per person, plus $2.00 for swearing each witness.
Protesting a negotiable instrument: $0.75 for the protest, plus $0.10 per notice, up to five notices.

The $2.00 fees come from Executive Law §136.⁶ The protest fees come from §135.⁵ Exam questions often try to swap the numbers or attribute the wrong fee to the wrong act. Keep the two statutes separate in your head.

What a Notary Cannot Do

Prohibited conduct is a heavy portion of the test. Miss these on the exam and you lose points; miss them in practice and you lose the commission.

Unauthorized Practice of Law

A notary who is not also a licensed attorney may not give legal advice, prepare legal documents, or represent someone in a legal proceeding. The License Law booklet identifies specific acts that cross the line:⁴

Giving legal advice of any kind.
Soliciting legal business to send to a lawyer with whom the notary has a financial arrangement.
Splitting fees with an attorney or accepting any part of a lawyer’s fee.
Advertising or claiming powers beyond those granted by law.

Each subjects the notary to removal by the Secretary of State and possible imprisonment, a fine, or both.

Conflicts of Interest

A notary may not notarize a document in a transaction where the notary is a party or has a direct financial interest. Under Executive Law §138, a notary who is a stockholder, director, officer, or employee of a corporation may not take an acknowledgment on an instrument where the notary is also a party executing the document on behalf of that corporation.⁴

Foreign-Language Advertising

A notary advertising services in a language other than English must include a notice in that same language stating: “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 notary may not use terms like “abogado” or “notario” that imply the notary is a licensed attorney.⁴ Violations carry civil penalties up to $1,000, suspension on a second offense, and removal on a third.

False Certificates and Fraud

A notary who knowingly makes a false certificate of acknowledgment, certifying that someone appeared when they did not, is guilty of forgery in the second degree, punishable by up to seven years in prison. Any fraud or deceit committed while exercising notarial powers is a misdemeanor under Executive Law §135-a.⁴

The Secretary of State may suspend or remove a notary for misconduct, but the notary must first be served with charges and given an opportunity to be heard.² Grounds for removal include a material misstatement on the application, administering an oath to someone the notary knows is lying, and any of the unauthorized-practice violations listed above.

After You Pass

Submit your application through the NY Business Express portal at businessexpress.ny.gov. The application fee is $60 and is nonrefundable.⁷

Before you start the online application, download the Oath of Office form from the Department of State site and execute it before someone authorized to administer an oath, such as a judge or a currently commissioned notary.⁸ Scan the completed form and upload it with the application.⁷

The commission term is four years.⁹ Once approved, you receive an identification card showing your commission number and expiration date, and the Secretary of State forwards your commission and signature to the county clerk so that office can authenticate your signature on documents for use elsewhere.¹⁰

The Best Way to Study

Work from the Department of State’s Notary Public License Law booklet.⁴ Then read the statutes it references, particularly Executive Law §§130, 131, 135, 135-a, 136, 137, and 138. If you can recite the definitions in this guide, quote the fee figures without hesitating, and name the specific acts that count as unauthorized practice of law, you have covered what the exam actually asks.

1
New York Department of State. March – June 2026 Notary Public Walk-In Examination Schedule
2
New York State Senate. New York Code EXC 130 – Appointment of Notaries Public
3
New York Department of State. Notary Public – Frequently Asked Questions
4
New York Department of State. Notary Public License Law
5
New York State Senate. New York Code EXC 135 – Powers and Duties; in General; of Notaries Public Who Are Attorneys at Law
6
New York State Senate. New York Code EXC 136 – Notarial Fees
7
New York Department of State. Become a Notary Public
8
New York State Senate. New York Code EXC 131 – Procedure of Appointment; Appointment and Reappointment
9
New York Department of State. Notary Public
10
New York Department of State. Renew or Update Notary Public License