The New York notary public test is 40 multiple-choice questions pulled directly from the Notary Public License Law, and the questions and answers below cover the topics that appear on almost every version: statewide jurisdiction, the two-dollar fee cap, the personal-appearance rule, the difference between a jurat and an acknowledgment, and the line between notarial work and the practice of law. You have one hour, one correct answer per question, and you need 28 right (70 percent) to pass.1New York Department of State. Become a Notary Public
Attorneys admitted in New York and certain Unified Court System clerks who passed a civil service promotional exam in the court clerk title series don’t take the test at all.2New York State Senate. New York Code EXC 130 – Appointment of Notaries Public Everyone else sits for the written exam, and the questions below reflect what that test asks.
Jurisdiction and Powers
Q: A notary commissioned in Albany County is asked to notarize a document in Kings County. Can they legally do so?
A: Yes. A New York notary’s jurisdiction is co-extensive with the boundaries of the state, so a commission from any county lets you act in all 62.2New York State Senate. New York Code EXC 130 – Appointment of Notaries Public Your county of qualification affects only what appears on your certificate. This is one of the most frequently tested facts on the exam.
Q: A client asks a notary to provide a certified copy of a birth certificate. Should the notary comply?
A: No. A notary has no authority to certify copies of documents. Only the official custodian of the original record can issue a certified copy.3New York State Unified Court System. New York County Clerks Office – Notary Birth certificates, passports, and diplomas all fall into this category, and the exam tests it because new notaries commonly get it wrong in practice.
Fees
Q: What is the maximum fee a notary may charge for taking an acknowledgment?
A: Two dollars per person. Executive Law §136 sets the cap at two dollars for administering an oath or affirmation, two dollars for taking an acknowledgment from one person, and two dollars for each additional person on the same document.4New York Department of State. Notary Public License Law The exam almost always includes a fee question and the answer is always two dollars. Overcharging can lead to removal from office.
Legal Terms
Vocabulary questions usually come as short scenarios that ask you to name the right term. The definitions have precise meanings that don’t match everyday usage.
Q: A person signs a written statement and swears to its truth before a notary. What is that person called?
A: An affiant. The sworn written statement itself is an affidavit.
Q: What is the clause at the bottom of an affidavit where the notary certifies that the oath was properly administered?
A: A jurat. It’s distinct from an acknowledgment, where the signer confirms the signature is their own voluntary act but does not necessarily swear to the truth of the document’s contents. Expect at least one question distinguishing the two.
Q: A written document transfers ownership of a house. What legal term describes this instrument?
A: A conveyance. In the Real Property Law, a conveyance is any written document that creates or transfers an interest in real property.
Q: What is a deponent?
A: Someone who testifies under oath, typically in a deposition.
Q: What is laches?
A: An unreasonable delay in asserting a legal right, which can bar a claim as an equitable defense.
Conflicts of Interest
Q: A notary is asked to notarize a contract in which the notary has a personal financial stake. Can the notary proceed?
A: No. A notary must disqualify themselves from any transaction where they are a party or have a direct financial interest.
Q: A notary who works for a corporation is asked to notarize a document signed by the company’s president. Is this permitted?
A: Yes, as long as the notary is not personally a party to the specific transaction. A corporate employee can notarize for other employees, officers, or directors of the same corporation.4New York Department of State. Notary Public License Law
Disqualifying Convictions
Q: Which convictions disqualify a person from holding a notary commission?
A: A felony conviction in any state or territory disqualifies a person, along with specified offenses including illegal weapons possession, possessing burglar’s tools, receiving stolen property, unlawful entry, aiding escape from prison, and unlawful possession of narcotics.2New York State Senate. New York Code EXC 130 – Appointment of Notaries Public A pardon or a certificate of relief from disabilities can restore eligibility.
Personal Appearance and Remote Notarization
Q: A notary takes an acknowledgment over the phone without the signer being physically present. Is this legal?
A: No. Traditional notarizations require the personal appearance of the individual before the notary. Taking an acknowledgment by phone is illegal.4New York Department of State. Notary Public License Law
Q: Can a New York notary perform a notarization by audio-video technology?
A: Yes, under Executive Law §135-c, if the notary has registered the electronic notarization capability with the Secretary of State and paid the required fee.5New York State Senate. New York Code EXC 135-C – Electronic Notarization The notary must be physically located in New York during the session; the signer can be elsewhere. The technology must allow real-time audio and video, use secure transmission, and use at least two different processes to authenticate the signer’s identity. The notary must retain a recording of each session for at least ten years.
Q: If the signer is outside the United States, what extra step does the notary take?
A: The notary must confirm verbally during the recorded session that the document relates to a matter subject to U.S. jurisdiction or involves property or a transaction substantially connected to the United States.6New York Department of State. Notary Public – Frequently Asked Questions
Unauthorized Practice of Law
Q: A notary who is not an attorney drafts a real estate deed for a client. What is the legal consequence?
A: The notary is guilty of a misdemeanor for the unauthorized practice of law under Judiciary Law §§484 and 485 and may be removed from office.4New York Department of State. Notary Public License Law Unless you are a licensed attorney, you cannot draft legal documents, give legal advice, or represent someone in a legal proceeding.
Q: Can a notary who is not an attorney advertise using the term “notario” or “abogado”?
A: No. Advertising in a foreign language using terms that imply the notary is a licensed attorney is prohibited and can result in civil penalties of up to $1,000 per violation.
Violations and Penalties
Q: A notary commits fraud or deceit in office. What is the offense?
A: A misdemeanor under Executive Law §135-a.7New York State Senate. New York Code EXC 135-a – Notary Public or Commissioner of Deeds Acting Without Appointment Fraud in Office The Secretary of State can also suspend or remove the notary after notice and an opportunity to be heard.
Q: A notary knowingly issues a false certificate stating that a deed was acknowledged. What is the offense?
A: Forgery in the second degree under the Penal Law.4New York Department of State. Notary Public License Law
Certificate Requirements
Q: What must appear on every notarial certificate?
A: The notary’s name, the words “Notary Public State of New York,” the county where the notary originally qualified, and the commission expiration date, all printed, typed, or stamped in black ink beneath the signature.8New York State Senate. New York Executive Law EXC 137 A notary who filed a certificate of official character in another county must also note that county, and notaries practicing in New York City counties must include the official number assigned by the county clerk.
Q: What can a notary who is also a licensed attorney substitute beneath the signature?
A: “Attorney and Counsellor at Law” in place of “Notary Public.”8New York State Senate. New York Executive Law EXC 137
Commission Basics
Q: How long does a notary public’s commission last?
A: Four years from the date of appointment.2New York State Senate. New York Code EXC 130 – Appointment of Notaries Public
Q: Who is exempt from the notary public examination?
A: Attorneys admitted to practice in New York and court clerks of the Unified Court System who were appointed after passing a civil service promotional examination in the court clerk title series.2New York State Senate. New York Code EXC 130 – Appointment of Notaries Public
How to Study for the Exam
The Department of State publishes a free Notary Public License Law booklet that contains every statute, definition, and rule the exam covers.4New York Department of State. Notary Public License Law The exam is written from it, and candidates who read it carefully at least twice tend to pass. Focus on the topics that appear on almost every version of the test: the two-dollar fee cap, statewide jurisdiction, the disqualification list, the certificate contents, the personal-appearance requirement, and the distinction between a jurat and an acknowledgment.
The exam presents scenarios and asks you to identify which term or rule applies, so understanding the reasoning behind each answer matters more than memorizing section numbers. When a question feels ambiguous, work from the specific vocabulary in the booklet rather than from how the same words are used in ordinary speech.