New York - U.S. Notary Reference

Last Update: February 5, 2024

Notary Jurisdiction

Statewide (EL 130).

Notary Term Length

Four years (EL 130), effective July 18, 2001, pursuant to Chapter 171 of the laws of 2000. Formerly, the term of office for a New York Notary was two years.

Notary Bond

Not required.

Notary Seal

Not required.

Notary Journal

Required.

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Commissioning Official

New York State Notaries are appointed, commissioned and regulated by the Secretary of State, who maintains records on them (EL 130).

Contact Information

1. Address: Department of State
   Div. of Licensing Services
   Alfred E. Smith Building
   (80 South Swan St., 10th Floor
   Albany, NY 12210)
   P.O. Box 22001
   Albany, NY 12201-2001

2. Phone: 518-474-4429

3. Website: https://www.dos.ny.gov/licensing/notary/notary.html

Laws, Rules and Guidelines

1. Laws: Most Notary rules are in the: Executive Law (EL), Sections 130 through 138; Public Officers Law (POL), Sections 3, 67, 69, 534; and Real Property Law (RPL), Sections 298 through 333.

2. Regulations: Regulations governing Notaries are in the New York Codes, Rules, and Regulations (NYCRR) Parts 182 and 200.

3. Guidelines: Pertinent statutes and other guidelines for Notaries are compiled and issued by the Department of State in its “Notary Public License Law” (NPLL) (January 2023) publication, also available on the website.

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Commission Process

1. Qualifications: An applicant for a commission as a New York Notary Public must:
   (a) be at least 18 years old,
   (b) be a person of good moral character,
   (c) be a resident of New York State or have an office or place of business in the state,
   (d) have the equivalent of a “common school education” and
   (e) not have been convicted of a crime, unless the Secretary of State makes a finding in conformance with all applicable statutory requirements, including those contained in Correction Law Article 23-A, that such convictions do not constitute a bar to appointment.

2. Course: Not required.

3. Exam: Required.
   Every applicant must take a proctored, closed-book, one-hour examination, regularly scheduled at different sites around the state. Examination schedules are updated in January and July of each year and posted on the Department of State’s website. Applicants may register for the exam at the test center on the day of the exam, but seats are limited and assigned on a first-come-first-served basis. Late arrivals will not be admitted. The registrant must present one of the following government-issued photo IDs (driver's license, state-issued identification [ex. non-driver ID], military ID, United States Passport, Employment Authorization Card issued by U.S. Citizenship and Immigration Services, United States INS issued ID, Certificate of US citizenship. foreign passport, IDNYC [NYC Resident ID card], or Brazilian, Mexican or Ecuadorian Consular ID, Mexican voter ID). No books, notes or other aids are allowed at the test site. Examination results are valid of two years. A score of at least 70 percent is required to pass. The examination fee is $15. A “pass slip” will be mailed to every successful test taker. Current licensed New York attorneys are exempted from the exam, as are court clerks of the Unified Court System, if the clerks are appointed to their positions after taking a civil service promotional exam.
   The Secretary of State may waive the examination for Notaries renewing their commissions with the county clerk before the expiration of their current commission or renewing their commissions within 6 months after the expiration of their current commission. In addition, the Secretary may waive the requirement for a Notary who was unable to reapply with the county clerk due to induction or enlistment in the armed forces of the United States as long as the Notary reapplies with the county clerk within 1 year after the Notary was discharged from service under honorable conditions (EL 130).

4. Application: Application forms are available for download from the website but must not be submitted until after the applicant has successfully passed the exam and received a pass slip. A completed application form, along with the original exam pass slip and a $60 application fee, must be submitted to the Department of State’s Division of Licensing Services. The application includes an oath of office, which must be sworn to and notarized.
   After its approval and issuance by the Secretary of State, the new commission is mailed to the respective county clerk, along with the new Notary’s signature and original oath of office. “The public may then access this record and verify the ‘official’ signature of the notary at the county clerk’s office” (NPLL). Within four to six weeks of application, the new Notary will receive an identification card indicating the Notary’s name, address, county and commission term (EL 131.1[d]).

5. Background Screening: Not required.

6. Filing in Additional Counties: A New York Notary may file a “certificate of official character” and a sample signature with the county clerk or registrar of any county in the state for a fee of $10; authenticating certificates for that Notary would then be available in those counties (EL 132-134). (A certificate of official character may be issued by the Secretary of State for a fee of $10, or by the clerk of the county where the Notary filed a certificate of official character for a fee of $10.)

7. Nonresidents: Persons residing in other states but having an office or place of business in New York State may become New York State Notaries; these individuals have thereby authorized the New York Secretary of State to accept processes on their behalf (EL 130). The oath of office and signature of such Notaries must be filed in the New York State county where their office or place of business is located (NPLL). “Attorneys, residing out of State, who are admitted to practice in the State and who maintain a law office within the State are deemed to be residents of the county where the office is maintained” (NPLL).

8. Reappointment: A renewal application form will be sent to the Notary about three months prior to commission expiration. Renewals must be submitted, with the $60 fee to the Department of State (EL 131.2[a] and [c]), as was the case with the original application.
   “A notary public may apply for reappointment within 90 days of expiration of their commission, provided that the notary public continues to meet the requirements set forth in sections 130 and 131 of the Executive Law and [19 NYCRR Part 182]” (19 NYCRR 182.10[c]).
   “A reappointed notary will receive a replacement identification card for the Department of State within six to eight weeks of the date the county clerk receives his or her renewal application” (website, “Frequently Asked Questions”).
   “When any notary public who has registered to perform electronic notarial acts applies for reappointment, the electronic notary public must provide verification of the accuracy of all information on file with the secretary of state and affirm that such notary public is otherwise in compliance with all requirements of [19 NYCRR Part 182]” (19 NYCRR 182.10[d]).

9. Military Exceptions; Reappointment: When “a notary public applies, before the expiration of his or her term, for reappointment with the county clerk or where a person whose term as notary public shall have expired applies within six months thereafter for reappointment as a notary public with the county clerk, such qualifying requirements may be waived by the secretary of state, and further, where an application for reappointment is filed with the county clerk after the expiration of the aforementioned renewal period by a person who failed or was unable to re-apply by reason of his or her induction or enlistment in the armed forces of the United States, such qualifying requirements may also be waived by the secretary of state, provided such application for reappointment is made within a period of one year after the military discharge of the applicant under conditions other than dishonorable, or if the applicant has a qualifying condition, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service, or if the applicant is a discharged LGBT veteran, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service.”

Registration to Perform Remote Notarial Acts

“(a) Before performing any electronic notarial act or acts, a notary public shall register the capability to notarize electronically with the secretary of state on a form prescribed by the secretary of state and upon payment of a fee which shall be set by regulation.
“(b) In registering the capability to perform electronic notarial acts, the notary public shall provide the following information to the secretary of state, notary processing unit:
“(i) the applicant’s name as currently commissioned and complete mailing address;
“(ii) the expiration date of the notary public’s commission and signature of the commissioned notary public;
“(iii) the applicant’s e-mail address;
“(iv) the description of the electronic technology or technologies to be used in attaching the notary public’s electronic signature to the electronic record; and
“(v) an exemplar of the notary public’s electronic signature, which shall contain the notary public’s name and any necessary instructions or techniques that allow the notary public’s electronic signature to be read” (EL 135-c.3; see also 19 NYCRR 182.10[b]).

Online Search

The New York Department of State’s Index of Licensees and Registrants may be searched by the Notary’s name or ID number to determine any current Notary’s commission expiration date and business name and address. The Index is available on the Department of State’s home page through “Search Licensees and Registrants.”

Jurisdiction

“The secretary of state may appoint and commission as many notaries public for the state of New York as in his judgment may be deemed best, whose jurisdiction shall be co-extensive with the boundaries of the state” (EL 130).

Term Length

“The appointment of a notary public shall be for a term of four years” (EL 130).

Bond

Not required.

Changes of Status

1. Requirement: “All notaries public who wish to perform notarial acts in New York State, must: … within five days after a change of name, address, or e-mail address, transmit to the secretary of state a notice of the change, signed with the notary public’s official signature” (19 NYCRR 182.3[a][8]).
   This requirement applies equally to Electronic Notaries (19 NYCRR 182.4[a]).

2. Address Change Out of State: A Notary resident of New York State who moves out of state but still maintains a place of business in the state may remain a Notary; otherwise, the office of Notary is thereby vacated (EL 130). A Notary nonresident who ceases to have an office or place of business in New York State thereby vacates the office of Notary.

3. Name or Address Change in State: Upon receipt of fee of $10 and a completed “Change Notice,” the county clerk will correct the public record to reflect a Notary’s change of name and/or address (EL 131.2[e]). “The $10 fee is not required if the individual name change is the result in change of marital status” (website, “Frequently Asked Questions”). It is not mandatory to immediately notify the Division of Licensing Services of a name change or a change of address within the state. The name may also be changed upon reappointment for a new commission.
   Notaries who change their name through marriage may: s
   (a) continue using the former name when functioning as a Notary; or
   (b) use the former name in the official signature and stamp, adding the new name in parentheses after the signature.
   Upon renewing the commission, however, the Notary must select one or the other name and use that name exclusively in performing notarizations (NPLL). “If you are changing or have changed your name, you should use your new name when signing your renewal application” (website, “Frequently Asked Questions”).
   “You must provide proof of your name change, e.g. a copy of one of the following: court order changing your name; marriage certificate; driver’s license, or a non-driver’s ID card; valid passport; or immigration documents. Please note: A new ID card will not be issued to you following a change of name during the course of your commission, as you must continue to notarize using the name under which you were commissioned throughout the remainder of your term” (website, “Frequently Asked Questions”).

4. Electronic Notaries: An Electronic Notary must, within five days after a change of name, address, or e-mail address, ensure that the notice of change is electronically transmitted to the secretary of state, signed with the notary public’s designated electronic signature (19 NYCRR 182.3[a][8] and 182.4[a][10]).

   “[A]ll notaries public who wish to perform electronic notarial acts in New York State must: … for any update to the information required to be submitted by a notary public to register the capability to perform an electronic notarial act, make such update prior to performance of any electronic notarial act” (19 NYCRR 182.4[a][11]).

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Authorized Acts

1. Notarial Acts

   1. New York Notaries are authorized to perform the following notarial acts (EL 135):

   2. Take acknowledgments and proofs;

   3. Administer oaths and affirmations;

   4. Take affidavits and depositions;

   5. Demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing and protest the same for non-acceptance or non-payment;

   6. Certify that a tangible copy of the signature page and document type of an electronic record is an accurate copy (Executive Law Section 135-c.6[d]); and

   7. Open and inventory the contents of safe deposit boxes (Banking Law 335).

2. In-Person Electronic and Remote Notarial Acts: New York Notaries that have registered with the Department of State to perform technology-based notarial acts may perform any of the notarial acts listed in Executive Law 135 above electronically or remotely (EL 135-c.4).

Acknowledgments

1. Definition: Taking an acknowledgment is defined as “[t]he act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken” and “[a] formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed” (NPLL).

2. Authority: “When the execution of any instrument or writing is authorized or required by law to be acknowledged, … so as to entitle it to be filed or recorded in a public office, the acknowledgment may be taken … before any officer then and there authorized to take the acknowledgment or proof of the execution of a deed of real property to entitle it to be recorded in a county clerk’s office, and shall be made and certified in the same manner as such acknowledgment or proof of such deed” (General Construction Law 11).

3. Requirements: “The notary public ‘certifies to the taking of the acknowledgment’ when the notary signs his official signature to the form setting forth the fact of the taking of the acknowledgment” (NPLL).

“It is not essential that the person who executed the instrument sign his name in the presence of the notary” (NPLL).

Proofs

1. Definition: A proof is defined as “[t]he formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument” (NPLL).

2. Authority: “When the execution of any instrument or writing is authorized or required by law … to be proven so as to entitle it to be filed or recorded in a public office, … the proof made before any officer then and there authorized to take the acknowledgment or proof of the execution of a deed of real property to entitle it to be recorded in a county clerk’s office, and shall be made and certified in the same manner as such acknowledgment or proof of such deed” (General Construction Law 11).

Oaths and Affirmations

1. Definitions: An oath is defined as “[a] verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false” (NPLL).
   An affirmation is defined as “[a] solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm” (NPLL).
   “The terms oath and affidavit include every mode authorized by law of attesting the truth of that which is stated. The term swear includes every mode authorized by law for administering an oath” (General Construction Law 36).

2. Requirements: “An oath or affirmation shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs” (Civil Practice Law and Rules 2309[b]).
   “The person taking the oath must personally appear before the notary; an oath cannot be administered over the telephone (Matter of Napolis, 169 App. Div. 469), and the oath must be administered in the form required by the statute (Bookman v. City of New York, 200 NY 53, 56)” (NPLL).
   “The simplest form in which an oath may be lawfully administered is: ‘You do solemnly swear that the contents of this affidavit subscribed by you is correct and true?’ (Bookman v. City of New York, 200 N.Y. 53,56)” (NPLL).
   “For an oath or affirmation to be valid, whatever form is adopted, it is necessary that: first, the person swearing or affirming must personally be in the presence of the notary public; secondly, that the person unequivocally swears or affirms that what he states is true; thirdly, that he swears or affirms as of that time; and, lastly, that the person conscientiously takes upon himself the obligation of an oath” (NPLL).
   “A notary public does not fulfill his duty by merely asking a person whether the signature on a purported affidavit is his. An oath must be administered” (NPLL).
   “A corporation or a partnership cannot take an oath; an oath must be taken by an individual” (NPLL).
   “A notary public cannot administer an oath to himself” (NPLL).
   “The privileges and rights of a notary public are personal and cannot be delegated to anyone” (NPLL).
   Affirmation wording might be: “You do solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?” (NPLL).

Affidavits

1. Definition: An affidavit is “[a] signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths” (NPLL).

2. Requirements: “The venue, or county wherein the affidavit was sworn to should be accurately stated. But it is of far more importance that the affiant, the person making the affidavit, should have personally appeared before the notary and have made oath to the statements contained in the affidavit as required by law” (NPLL).
   “The distinction between the taking of an acknowledgment and an affidavit must be clearly understood. In the case of an acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant” (NPLL).
   “When an affidavit is authorized or required it may be sworn to before any officer authorized by law to take the acknowledgment of deeds in this state, unless a particular officer is specified before whom it is to be taken” (General Construction Law 12).

Depositions

Definitions: A deposition is “[t]he testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing” (NPLL).
A deponent is “[o]ne who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with ‘Affiant’” (NPLL).
Rule 3113 of the Civil Practice Law and Rules authorizes a deposition to be taken before a Notary Public in a civil proceeding (NPLL).

Protests

1. Definition: “A protest is a certificate of dishonor made under the hand and seal of a United States consul or vice consul or a notary public or other person authorized to certify dishonor by the law of the place where dishonor occurs. It may be made upon information satisfactory to such person:” (Uniform Commercial Code 3-509[1]).
   A protest is “[a] formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused” (NPLL).

2. Requirements: “(2) The protest must identify the instrument and certify either that due presentment has been made or the reason why it is excused and that the instrument has been dishonored by nonacceptance or nonpayment.
   “(3) The protest may also certify that notice of dishonor has been given to all parties or to specified parties.
   “(4) Subject to subsection (5) any necessary protest is due by the time that notice of dishonor is due.
   “(5) If, before protest is due, an instrument has been noted for protest by the officer to make protest, the protest may be made at any time thereafter as of the date of the noting” (Uniform Commercial Code 3-509[2]-[5]).

Copy Certification of Tangible Record

1. Paper Printout of Electronic Record: “A notary public may certify that a tangible copy of the signature page and document type of an electronic record notarized by such notary public is an accurate copy of such electronic record” (EL Section 135-c.6[d][i]).

2. Requirements: Such certification must (i) be dated and signed by the notary public in the same manner as the official signature of the notary public provided to the secretary of state pursuant to section one hundred thirty-one of this article, and (ii) comply with [Executive Law] section one hundred thirty-seven” (Executive (EL 135-c.6[d][i]).

Safe Deposit Box Openings

“If the rental fee of any safe deposit box is not paid, or after the termination of the lease for such box, and at least 30 days after giving proper notice to the lessee, the lessor (bank) may, in the presence of a notary public, open the safe deposit box, remove and inventory the contents. The notary public shall then file with the lessor a certificate under seal which states the date of the opening of the safe deposit box, the name of the lessee, and a list of the contents. Within 10 days of the opening of the safe deposit box, a copy of this certificate must be mailed to the lessee at his last known postal address” (Banking Law 335).

Other Powers

For use in another jurisdiction, a New York Notary may also “exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country may be exercised and performed by notaries public, provided that when exercising such powers he shall set forth the name of such other jurisdiction” (EL 135).

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Personal Appearance

1. Definition: “'Personal appearance' means presence at a transaction for which a notarial act is required, either physically or electronically, in a manner that meets all requirements imposed by [19 NYCRR Part 182]” (19 NYCRR 182.2[k]).

2. Notarial Acts: “All notaries public who wish to perform notarial acts in New York State, must: … require the personal appearance of all parties to any transaction for which a notarial act is required for the duration of any such transaction, except acts performed as authorized and in conformity with this Part and section 135-c of Executive Law unless a law expressly excludes such authorization” (19 NYCRR 182.3[a][3]).
   “The court again wishes to express its condemnation of the acts of notaries taking acknowledgments or affidavits without the presence of the party whose acknowledgment is taken for the affiant, and that it will treat serious professional misconduct the act of any notary thus violating his official duty” (Matter of Napolis, 169 App. Div. 469, 472.)
   “Upon the faith of these acknowledgments rests the title of real property, and the only security to such titles is the fidelity with which notaries and commissioners of deeds perform their duty in requiring the appearance of parties to such instruments before them and always refusing to execute a certificate unless the parties are actually known to them or the identity of the parties executing the instruments is satisfactorily proved.” (Matter of Gottheim, 153 App. Div. 779, 782.)

3. Phone Acknowledgments: “Taking an acknowledgment over the telephone is illegal and a notary public is guilty of a misdemeanor in so acting. In the certificate of acknowledgment a notary public declares: ‘On this ____ day of _____, 20, before me came ___________, to me known,’ etc. Unless the person purporting to have made the acknowledgment actually and personally appeared before the notary on the day specified, the notary’s certificate that he so came is palpably false and fraudulent (Matter of Brooklyn Bar Assoc., 225 App. Div. 680)” (NPLL).

4. Remote Notarial Acts: “An electronic notarial act performed using communication technology pursuant to this section satisfies any requirement of law of this state that a document signer personally appear before, be in the presence of, or be in a single time and place with a notary public at the time of the performance of the notarial act” (EL 135-c.4[b]).

Identification

1. Notarial Acts

   1. Requirement: “All notaries public who wish to perform notarial acts in New York State, must: … obtain satisfactory evidence of the identity of any principal or other individual appearing before the notary in a manner authorized by [19 NYCRR] (19 NYCRR 182.3[a][2]).

   2. Satisfactory Evidence of Identity: “(b) For any individual signing a document who physically appears before a notary public, satisfactory evidence of identity requires identity verification through:
      “(1) presentation of the back and front of an identification card issued by a governmental agency provided the card:
      “(i) is valid and current;
      “(ii) contains the photographic image of the bearer;
      “(iii) has an accurate physical description of the bearer, if applicable; and
      “(iv) includes the signature of the bearer;
      “(2) at least two current documents issued by an institution, business entity, or federal or state government with at least the individual’s signature;
      “(3) attestation by the notary that the individual is personally known to them;
      “(4) the oath or affirmation of a witness who is personally known to both the individual and notary; or
      “(5) the oath or affirmation of two witnesses who know the individual personally and provide identification that meets the requirements of paragraph (1) of subdivision (b) of this section” (19 NYCRR 182.5[b]).

   3. Acknowledgers: “An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument” (RPL 303).
      “The thing to be known is the identity of the person making the acknowledgment with the person described in the instrument and the person who executed the same. This knowledge must be possessed by the notary (Gross v. Rowley, 147 App. Div. 529), and a notary must not take an acknowledgment unless the notary knows or has proof that the person making it is the person described in and who executed the instrument (People v. Kempner, 49 App. Div. 121)” (NPLL).

   4. Subscribing Witnesses: “When the execution of a conveyance is proved by a subscribing witness, such witness must state his own place of residence, and if his place of residence is in a city, the street and street number, if any thereof, and that he knew the person described in and who executed the conveyance. The proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance” (RPL 304).
      The witness’ place of residence must be indicated on the Notary’s certificate (RPL 306).

2. Remote (“Electronic”) Notarial Acts

   1. Definitions

      1. “'Credential analysis' means a process or service operating according to the standards adopted in [19 NYCRR Part 182], through which a third-party affirms the validity of government-issued identification through review of public and proprietary data sources” (19 NYCRR 182.2[h]).

      2. “'Credential service provider' means a third party trusted entity that issues or registers subscriber authenticators and issues electronic credentials to subscribers” (19 NYCRR 182.2[i]).

      3. “‘Identity proofing’ means a process by which a credential service provider collects, validates, and verifies information about a person” (19 NYCRR 182.2[j]).

   2. Requirement: “(c) For any individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public, satisfactory evidence of identity requires all of the following:
      “(1) identity verification as outlined in subdivision (b) of this section, utilizing communication technology that meets the requirements set forth in this Part;
      “(2) credential analysis that meets the requirements set forth in this Part; and
      “(3) identity proofing by a third-party service provider that meets the requirements set forth in this Part.
      “(d) Provided that all other requirements of this Part are met, attestation by an electronic notary public that an individual appearing through communication technology is personally known to them is satisfactory evidence of identity for electronic notarial acts” (19 NYCRR 182.5[c] and [d]).

   3. Credential Analysis: “(a) Credential analysis must be performed by a third-party service provider who has provided evidence to the online notary public of the provider’s ability to satisfy the requirements set forth in this rule.
      “(b) Credential analysis must utilize public or private data sources to confirm the validity of an identification credential and must, at a minimum:
      “(1) use automated software processes to aid the online notary public in verifying the identity of a remotely located individual;
      “(2) ensure that the identification credential passes an authenticity test, consistent with sound commercial practices that:
      “(i) uses technologies consistent with the requirements of this Part to confirm the integrity of visual, physical, or cryptographic security features;
      “(ii) uses technologies consistent with the requirements of this Part to confirm that the identification credential is not fraudulent or inappropriately modified;
      “(iii) uses information held or published by the issuing source or an authoritative source, as available, to confirm the validity of identification credential details; and
      “(iv) provides output of the authenticity test to the online notary public” (19 NYCRR 182.6)

   4. Identity Proofing: “(a) Identity proofing must meet, at minimum, the Identity Assurance Level 2 standard as outlined in the Digital Identity Guidelines of the National Institute of Standards and Technology, as referenced in subdivision (b) of this section, or any industry accepted standard that is at least as secure, or more secure, than that standard” (19 NYCRR 182.7[a]).
      “The Identity Assurance Level 2 standard, as outlined in the Digital Identity Guidelines of the National Institute of Standards and Technology, United States Department of Commerce, document SP 800-63-3, Revision 3, dated June 2017 and includes updates as of 03-02-2020, is hereby incorporated by reference” (19 NYCRR 182.7[b]).

Administration of Oaths

“All notaries public who wish to perform notarial acts in New York State, must: … administer any oath or affirmation as required by the law governing the transaction for which the notarial act is required and, regardless of the county of qualification, include and affix to each instrument requiring an oath or affirmation such notary public’s official number” (19 NYCRR 182.3[a][4]).

This requirement applies equally to Electronic Notaries (19 NYCRR 182.4[a]).

Refusal of Services

“A notary may refuse to perform a notarial act if the notary public is not satisfied that:
“(1) the principal is competent or has the capacity to execute a record; and/or
“(2) the principal’s signature is knowingly and voluntarily made” (19 NYCRR 182.3[b]).

This requirement applies equally to Electronic Notaries (19 NYCRR 182.4[a]).

“The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor (People v. Brooks, 1 Den. 457.)” (NPLL).

Blank or Incomplete Documents

“No one would question the utter impropriety of a notary taking the acknowledgment of a person who had affixed his signature to a blank piece of paper. It is no less improper to take an acknowledgment where the signature is affixed to a printed form which is obviously and entirely incomplete. The opportunities for fraud and deceit inherent in such a procedure are boundless.... Conveyances which were acknowledged before the grantee’s name was inserted have, under certain circumstances, been upheld in this State (2409 Broadway Corp. v. Lange, 128 Misc. 118; Van Decar v. Streeter, 136 Misc. 206); such instruments are probably of doubtful validity unless it clearly appears that the omission was supplied expressly by the act of the grantor. In any event, the practice is not to be commended.... It is my opinion that it is improper for a notary public or a commissioner of deeds to take the acknowledgment of a paper or a form which is executed entirely in blank. Before authenticating the notary’s signature, it is undoubtedly the duty of the County Clerk to see that the acknowledgment or proof of execution complies with the law and contains all of the requirements of the statute. Consequently, [the Clerk] should properly decline to attach [a] certificate of authentication under such circumstances. Manifestly, I cannot particularize the circumstances under which a notary public should refuse to act where the paper or instrument is not entirely in blank, but does have omissions or is otherwise incomplete” (New York Attorney General Opinion of February 2, 1939).

Disqualifying Interest

1. Personal: “All notaries public who wish to perform notarial acts in New York State, must: … disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction” (19 NYCRR 182.3[a][5]).
   This requirement applies equally to Electronic Notaries (19 NYCRR 182.4[a]).
   “[I]f the notary is a party to or directly and pecuniarily interested in the transaction, the person is not capable of acting in that case. For example, a notary who is a grantee or mortgagee in a conveyance or mortgage is disqualified to take the acknowledgment of the grantor or mortgagor; likewise a notary who is a trustee in a deed of trust; and, of course, a notary who is the grantor could not take his own acknowledgment. A notary beneficially interested in the conveyance by way of being secured thereby is not competent to take the acknowledgment of the instrument. In New York the courts have held an acknowledgment taken by a person financially or beneficially interested in and a party to a conveyance or instrument of which it is a part to be a nullity; and that the acknowledgment of an assignment of a mortgage before one of the assignees is a nullity; and that an acknowledgment by one of the incorporators of the other incorporators who signed a certificate was of no legal effect” (NPLL).
   Armstrong v. Combs, 15 App. Div. 246, held that the Notary shouldn’t take an acknowledgment of a document to which the Notary is a party in interest.
   Thus, grantors and grantees cannot notarize their own conveyances; mortgagees and assignees cannot notarize their own mortgages; trustees cannot notarize their own deeds of trust; incorporators cannot notarize in their own corporation for other incorporators; and so on (NPLL).

2. Exceptions: Attorneys admitted to practice in New York State may, at their discretion, notarize for clients (EL 135);
   Corporate stockholders, directors, officers and employees may notarize for other stockholders, directors, officers or employees if the notarizing officer is not a party to the transaction, either individually or as a representative of the corporation (EL 138).

Signature by Mark

“The term signature includes any memorandum, mark or sign, written, printed, stamped, photographed, engraved or otherwise placed upon any instrument or writing with intent to execute or authenticate such instrument or writing” (General Construction Law 46).

Unauthorized Practice of Law

“Unless a lawyer, the notary public may not engage directly or indirectly in the practice of law. Listed below are some of the activities involving the practice of law which are prohibited, and which subject the notary public to removal from office by the Secretary of State, and possible imprisonment, fine or both. A notary:
“1. May not give advice on the law. The notary may not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of attorney, complaints and all legal pleadings, papers in summary proceedings to evict a tenant, or in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers.
“2. May not ask for and get legal business to send to a lawyer or lawyers with whom he has any business connection or from whom he receives any money or other consideration for sending the business.
“3. May not divide or agree to divide his fees with a lawyer, or accept any part of a lawyer’s fee on any legal business.
“4. May not advertise in, or circulate in any manner, any paper or advertisement, or say to anyone that he has any powers or rights not given to the notary by the laws under which the notary was appointed” (NPLL).

Advertising

1. Non-English Advertising: “1. The provisions of this section shall not apply to attorneys-at-law, admitted to practice in the state of New York.
   “2. A notary public who advertises his or her services as a notary public in a language other than English shall post with such advertisement a notice in such other language [containing] the following statement: ‘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.’
   “3. A notary public shall not use terms in a foreign language in any advertisement for his or her services as a notary public that mean or imply that the notary public is an attorney licensed to practice in the state of New York or in any jurisdiction of the United States. The secretary shall designate by rule or regulation the terms in a foreign language that shall be deemed to mean or imply that a notary public is licensed to practice law in the state of New York and the use of which shall be prohibited by notary publics who are subject to this section.
   “4. For purposes of this section, ‘advertisement’ shall mean and include material designed to give notice of or to promote or describe the services offered by a notary public for profit and shall include business cards, brochures, and notices, whether in print or electronic form.
   “5. Any person who violates any provision of this section or any rule or regulation promulgated by the secretary may be liable for civil penalty of up to one thousand dollars. The secretary of state may suspend a notary public upon a second violation of any of the provisions of this section and may remove from office a notary public upon a third violation of any of the provisions of this section, provided that the notary public shall have been served with a copy of the charges against him or her and been given an opportunity to be heard. The civil penalty provided for by this subdivision shall be recoverable in an action instituted by the attorney general on his or her own initiative or at the request of the secretary.
   “6. The secretary may promulgate rules and regulations governing the provisions of this section, including the size and type of statements that a notary public is required by this section to post” (EL 135-b).

2. Advertising Rules: The New York Department of State adopted rules on non-English ads by Notaries to help implement EL 135-b. Effective December 11, 2012, a new Subchapter L (“Notaries Public”) was added to Chapter V of Title 19 of the New York Codes, Rules and Regulations (NYCRR), stating: “A notary public who is not an attorney licensed to practice law in the State of New York shall not falsely advertise that he or she is an attorney licensed to practice law in the State of New York or in any jurisdiction of the United States by using foreign terms including but not limited to abogado, mandataire, procuratore … and avoca.”
   The NYCRR subchapter then provides translations in the following five languages for the disclaimer required in any non-English Notary ad by EL 135-b(2): Simplified Chinese, Traditional Chinese, Spanish, Korean and Haitian Creole. The Spanish-language translation reads as follows: “No estoy facultado para ejercer la profesion de abogado y no puedo brindar asesoria legal sobre immigracio o ningun otro asunto legal como tampoco puedo cobrar honorarios por la asesoria legal.”

Certifying Copies

1. Prohibited. A certified copy is “[a] copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue certified copies. Notaries must not certify to the authenticity of legal documents and other papers required to be filed with foreign consular officers. Within this prohibition are certificates of the following type:
   “United States of America )
   “State of New York ) ss.:
   “County of New York )
   “‘I ..............., a notary public of the State of New York, in and for the county of .........., duly commissioned, qualified and sworn according to the laws of the State of New York, do hereby certify and declare that I verily believe the annexed instrument executed by ....... and sworn to before .........., a notary public of the State of .........., to be genuine in every respect, and that full faith and credit are and ought to be given thereto.
   ‘In testimony whereof I have hereunto set my hand and seal at the City of .............., this ................ day of .................., 20 .........
   (Seal) (Notarial Signature.)’” (NPLL).

Solemnizing Marriages

“A notary public has no authority to solemnize marriages; nor may a notary public take the acknowledgment of parties and witnesses to a written contract of marriage” (Domestic Relations Law 11).

Last Wills

1. Caution: “A notary public is cautioned not to execute an acknowledgment of the execution of a will. Such acknowledgment cannot be deemed equivalent to an attestation clause accompanying a will” (NPLL).
   An attestation clause is “[t]hat clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same” (NPLL).
   In this caution to Notaries, the Department of State is advising that an acknowledgment certificate appended to a last will is not the equivalent of an attestation clause to a will. That is, the formalities of a properly executed attestation clause to a will cannot be satisfied by an acknowledgment certificate.

2. Practicing Law: “The execution of wills under the supervision of a notary public acting in effect as a lawyer, ‘cannot be too strongly condemned, not only for the reason that it means an invasion of the legal profession, but for the fact that testators thereby run the risk of frustrating their own solemnly declared intentions and rendering worthless maturely considered plans for the disposition of estates whose creation may have been the fruit of lives of industry and self-denial.’ (Matter of Flynn, 142 Misc. 7.)” (NPLL). This citation does not condemn the notarization of will per se, but Notaries “acting in effect as a lawyer.”

3. Self-Proving Affidavit: “1. In addition to other procedures prescribed for the proof of wills, any or all of the attesting witnesses to a will may at the request of the testator or after his death, at the request of the executor named in the will or of the proponent or the attorney for the proponent or of any person interested, make an affidavit before any officer authorized to administer oaths stating such facts as would if uncontradicted establish the genuineness of the will, the validity of its execution and that the testator at the time of execution was in all respects competent to make a will and not under any restraint. The sworn statement of a witness so taken shall be accepted by the court as though it had been taken before the court, unless:
   “(a) a party entitled to process in the proceeding raises objection thereto or
   “(b) for any other reason the court may require that the witness or witnesses be produced and examined.
   “2. For the purposes of making the affidavit referred to in this section, after the death of the testator, the exhibition to the witnesses of a court-certified photographic reproduction of the will shall be deemed equivalent to the exhibition to them of the original will (Surrogate’s Court Procedure Act 1406).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Real Property Electronic Recording Act: A law that took effect September 23, 2012 (Chapter 549 of the Laws of 2011 [Senate Bill 2373]), puts in place statutory provisions that enable the recording of electronic documents, largely based on the Uniform Real Property Electronic Recording Act (URPERA). It includes this provision: “Where a law, rule or regulation requires, as a condition of recording, that an instrument affecting real property or a signature associated with such an instrument be notarized, acknowledged, verified, witnessed or made under oath, the signature requirement is satisfied if: (i) the digitized image of a wet signature of the person authorized to perform that act and any stamp, impression or seal required by law to be included, appears on a digitized paper document of such instrument; or (ii) the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with an electronic record of such instrument, provided, however that no physical or electronic image of a stamp, impression or seal shall be required to accompany such electronic signature” (RPL 291-i[c]).

   2. New York Codes, Rules and Regulations, Part 540, Title 9: Pursuant to Chapter 549 of the Laws of 2011, regulations promulgated by the state’s Office of Information Technology Services (ITS) set guidelines for recording electronic real property documents (i.e., digitized paper documents or electronic documents bearing electronic signatures), including standards for electronic notarization of these documents. Effective September 19, 2012, many of these new technical standards and guidelines conform to those established by the Property Records Industry Association (PRIA), particularly the PRIA security rules.
      Notably, NYCRR 540.7(e) now requires an electronic signer’s personal appearance before the Notary during notarization of an electronic real property record, and it requires the electronic signature used by the Notary to render such a document tamper-evident: “A notary shall perform a notarization of an instrument affecting real property that exists as an electronic record only where the signatory appears in person before the notary at the time of notarization to execute the record or to affirm a prior execution, as permitted by New York State Law. The methods that a notary uses to identify a signatory shall comply with the regulations issued by the New York Department of State found in 19 NYCRR Part 182. Electronic signatures used by a notary on an instrument affecting real property shall comply with section 291-i(c) of the Real Property Law, and shall be:
      “(1) unique to the notary;
      “(2) capable of independent verification;
      “(3) under the notary’s sole control;
      “(4) attached to or logically associated with, the electronic record in such a manner that it can be determined if any data contained in the electronic record has been changed subsequent to the electronic notarization; and
      “(5) implemented in compliance with the regulations issued by the New York Department of State found in 19 NYCRR Part 182.”

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. County Recording Officials: Among the many NYCRR rules for New York county recorders in recording electronically notarized real property documents are these (NYCRR 540.7[f] and [g]): “A recording officer is not required to verify or authenticate electronic signatures or notarizations on an instrument affecting real property…. Recording officers who elect to accept electronic recording of instruments affecting real property shall accept such electronic instruments only from registered submitters whose identity has been electronically verified and authenticated. A recording officer shall maintain a listing of persons so registered by the recording officer.”

Remote Notarial Acts

1. Applicable Law

   1. Executive Law 135-c: On February 24, 2022, the Governor of New York signed Senate 7780, temporarily establishing new Executive Law 135-c and authorizing New York Notaries to perform remote notarizations on paper and electronic records from February 25, 2022, through January 30, 2023. This new law also delayed the effective date of Chapter 767 of 2021 (Senate 1780), authorizing New York Notaries to perform remote notarizations on electronic records only on a permanent basis, until January 31, 2023. This new law is summarized below.

   2. Regulations: On January 25, 2023, the Deparatment of State issued permanent regulations implementing New York’s statutory electronic (remote) notarization law contained in 19 NYCRR Part 182. These regulations are summarized below.

2. Authorization: “Any notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing communication technology that allows the notary public to interact with a principal, provided that all conditions of [EL 137-c.2] are met” (EL 137-c.2).

3. Technology Systems

   1. Comply with Standards: “[A]ll notaries public who wish to perform electronic notarial acts in New York State must: … use only those vendors or providers who comply with the standards outlined in this Part and any communication or reporting relating to those standards as required by the secretary of state” (19 NYCRR 182.4[a][2]).

   2. Approval of System Providers: Not required.

   3. List of System Providers: Not provided.

4. Location of Notary: “[A]ll notaries public who wish to perform electronic notarial acts in New York State must: … be physically located within the boundaries of New York when performing electronic notarial acts” (19 NYCRR 182.4[a][3]).

5. Electronic Signature, Confirmation of Record: “Any notarial act authorized by section one hundred thirty-five of this article may be performed electronically… if for execution of any instrument in writing, under applicable law that document may be signed with an electronic signature and the notary public is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature” (EL 135-c.4[a][i]).

6. Location of Notary: “Any notarial act authorized by section one hundred thirty-five of this article may be performed electronically if … the electronic notary public is located within the state of New York at the time of the performance of an electronic notarial act using communication technology, regardless of the location of the document signer” (EL 135-c.4[a][ii]).

7. Principal Located Outside United States: “If the principal is outside the United States, the record or subject of the notarial act:
   “(1) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
   “(2) shall involve property located in the territorial jurisdiction of the United States or shall involve a transaction substantially connected with the United States” (EL 135-c.4; see also 19 NYCRR 182.4[a][9]).

8. Confirmation of Record: “[A]ll notaries public who wish to perform electronic notarial acts in New York State must: … for execution of any instrument in writing, if under applicable law the record may be signed with an electronic signature, confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature (19 NYCRR 182.4[a][8]).

9. Location Detection: “[A]ll notaries public who wish to perform electronic notarial acts in New York State must: … use a network that permits location detection when performing an electronic notarial act, meaning that no action, process or device shall be used to disguise or hide the actual location from which the electronic notary is performing the electronic notarial act, and that no function on any system or device used by an electronic notary that permits location detection shall be disabled or otherwise interfered with during the performance of an electronic notarial act” (19 NYCRR 182.4[a][4]).

10. Audio-Visual Recording: For the requirement that a Notary Public must keep an audio-visual recording of every remote notarization, see “Records of Notarial Acts,” below.

11. Journal: For the requirement that a Notary Public must keep a journal of every electronic notarization, see “Records of Notarial Acts,” below.

12. Communication Technology

    1. Definition: “'Communication technology' means an electronic device or process that: (i) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (ii) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (EL 135-c.1[a]; see also (19 NYCRR 182.2[l]).

    2. Clarity of Communication: “The communication technology used to perform electronic notarial acts must … permit sufficient audio and visual clarity to enable the notary and the person(s) for whom a notarial act is requested to see and speak to each other simultaneously through live, real-time transmission throughout the duration of the notarial act, through and including identity verification, identity proofing, the signature of any parties present during the transaction and the application of the notary’s signature and seal without interruption” (19 NYCRR 182.8[a][1]).

    3. Visual Clarity: “The communication technology used to perform electronic notarial acts must … permit sufficient visual clarity to enable the notary to view, read, and capture the front and back of any identification card presented as verification of identity” (19 NYCRR 182.8[a][2]).

    4. Secure Authentication: “The communication technology used to perform electronic notarial acts must … include a signal transmission secure from interception through lawful means by anyone other than the parties to the notarial act” (19 NYCRR 182.8[a][3]).

    5. Tamper-Evident: “The communication technology used to perform electronic notarial acts must … include a process of reproduction that does not permit additions, deletions, or changes without leaving a record of such additions, deletions, or changes” (19 NYCRR 182.8[a][4]).

    6. Confirmation of Record: “The communication technology used to perform electronic notarial acts must … provide some manner of ensuring that the electronic record that is presented for electronic notarization is the same record electronically signed by the principal” (19 NYCRR 182.8[a][5]).

    7. Audio-Visual Recording: “The communication technology used to perform electronic notarial acts must … permit recording and archiving of the audio-video communication session as required by subdivision (b) of this section” (19 NYCRR 182.8[a][5]).

Validation of Notarial Acts

“1. Except as provided in subdivision three of this section, the official certificates and other acts heretofore or hereafter made or performed of notaries public and commissioners of deeds heretofore or hereafter and prior to the time of their acts appointed or commissioned as such shall not be deemed invalid, impaired or in any manner defective, so far as they may be affected, impaired or questioned by reason of defects described in subdivision two of this section.
“2. This section shall apply to the following defects:
“(a) ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such;
“(b) misnomer or misspelling of name or other error made in his appointment or commission;
“(c) omission of the notary public or commissioner of deeds to take or file his official oath or otherwise qualify;
“(d) expiration of his term, commission or appointment;
“(e) vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part;
“(f) the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act.
“3. No person shall be entitled to assert the effect of this section to overcome a defect described in subdivision two if he knew of the defect or if the defect was apparent on the face of the certificate of the notary public or commissioner of deeds, provided however, that this subdivision shall not apply after the expiration of six months from the date of the act of the notary public or commissioner of deeds.
“4. After the expiration of six months from the date of the official certificate or other act of the commissioner of deeds, subdivision one of this section shall be applicable to a defect consisting in omission of the certificate of a commissioner of deeds to state the date on which and the place in which an act was done, or consisting of an error in such statement.
“5. This section does not relieve any notary public or commissioner of deeds from criminal liability imposed by reason of his act, or enlarge the actual authority of any such officer, nor limit any other statute or rule of law by reason of which the act of a notary public or commissioner of deeds, or the record thereof, is valid or is deemed valid in any case” (EL 142-a).

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Certificate Requirement

“A person taking the acknowledgment or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgment or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence” (RPL 306).

Venue Required

The “venue” is “[t]he geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth at the beginning of the instrument or at the top of the notary’s jurat, or official certification, as follows: “State of New York, County of (New York) ss.:”. Section 137 of the Executive Law imposes the duty on the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits” (NPLL).

Certificate Forms

“Person” Defined: “For the purposes of this section, the term ‘person’ means any corporation, joint stock company, estate, general partnership (including any registered limited liability partnership or foreign liability partnership), limited liability company (including a professional service limited liability company), foreign limited liability company (including a foreign professional service limited liability company), joint venture, limited partnership, natural person, attorney in fact, real estate investment trust, business trust or other trust, custodian, nominee or any other individual or entity in its own or any representative capacity” (RPL 309-a[4]).

On September 1, 1999, the following certificate, or any substantially similar form, became mandatory for all proofs of execution taken within the state on any document affecting real property located within the state:

Address of Subscribing Witness: The certificate for a proof of execution must state the address of the subscribing witness’s residence, including city, street and street number, if applicable (RPL 304 and 306).

“The inclusion within the body (other than a jurat) of a certificate of acknowledgment or proof made under this section of the city or other political subdivision and the state or country or other place the acknowledgment was taken shall be deemed a non-substantial variance from the form of a certificate authorized by this section” (RPL 309-b[6]).

See note with acknowledgment form immediately above.

Acknowledgment by Corporation

“The acknowledgment of a conveyance or other instrument by a corporation, must be made by an officer or attorney in fact duly appointed, or in case of a dissolved corporation, by an officer, director or attorney in fact duly appointed thereof authorized to execute the same by the board of directors of said corporation” (EL 309).

Instructions from Department of State

Instructions from the Counsel’s Office of the New York Department of State (website, “Legal Memorandum LI03”) provide the following directions regarding use of notarial certificates: “As of September 1, 1999, the uniform acknowledgment and the uniform proof under section 309-a (or substantially conforming acknowledgment or proof) are to be used for most acknowledgments within the State, except for most non-real estate related corporate acknowledgments. In the case of non-real estate corporate acknowledgments, the corporate acknowledgment form under section 309 should be used.”

“However, as of September 1, 1999, these corporate acknowledgment forms cannot be used for the acknowledgment, within New York State, of conveyances or other instruments in respect to real property located in this State” (website, “Legal Memorandum”).

Jurat

“A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him….” (NPLL)

“Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature and such other data as required by § 137 of the Executive Law (NPLL).

Remote Notarial Certificate

“The remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgement or making the oath appeared through use of communication technology” (EL 135-c.5[d]).

“[A]ll notaries public who wish to perform electronic notarial acts in New York State must: … ensure the remote online notarial certificate for an electronic notarial act clearly states that the person making the acknowledgement or making the oath appeared using communication technology” (19 NYCRR 182.4[a][7]).

False Certificate

“A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information. Issuing a false certificate is a class E felony” (Penal Law 175.40).

According to the “Notary Public License Law,” a Notary Public who knowingly makes a false certificate that a deed or other written instrument was acknowledged by a party thereto is guilty of forgery in the second degree, which is punishable by imprisonment for a term not exceeding seven years (Penal Law 170.10 and 70.00[2][d]).

According to the “Notary Public License Law,” “[a] notary public will be removed from office for preparing and taking the oath of an affiant to a statement that the notary knew to be false. (Matter of Senft, August 8, 1929; Matter of Trotta, February 20, 1930; Matter of Kibbe, December 24, 1931.)”

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Seal Requirement

1. Not required: Notaries Public are not required to use an official seal for notarial, in-person electronic, or remote notarial acts.

2. Optional Seal: “The laws of the State of New York do not require the use of seals by notaries public. If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words ‘Notary Public for the State of New York’” (NPLL).

3. Electronic Real Property Records: Not required.
   “[N]o physical or electronic image of a stamp, impression or seal shall be required to accompany such electronic signature” (RPL 291-i[c]).

Examples

Below are typical examples of an optional embossing Notary seal and electronic seal and of the information that must be printed, typewritten or stamped beneath the Notary’s signature in black ink, whether or not appearing in a seal. Formats other than these may also be seen.

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Notary Commission Information

On every notarial certificate, a Notary must “print, typewrite, or stamp or affix by electronic means where performing an electronic notarial act in conformity with Executive Law 135-c, beneath the Notary’s signature in black ink” the following (EL 137):

1. Notary’s name;

2. “Notary Public State of New York” or, if applicable and preferred, “Attorney and Counselor at Law State of New York”;

3. Name of county where Notary originally qualified for commission;

4. Notary’s commission expiration date;

5. Wherever required, name of county in which Notary’s certificate of official character is filed, using the words, “Certificate filed … County”.

Notary Signature

“A notary public must sign the name under which he was appointed and no other” (NPLL).

Official Numbers

“A notary public who has qualified or who has filed a certificate of official character in the office of the clerk in a county or counties within the city of New York must also affix to each instrument his official number or numbers in black ink, as given to him by the clerk or clerks of such county or counties at the time such notary qualified in such county or counties and, if the instrument is to be recorded in an office of the register of the City of New York in any county within such city and the notary has been given a number or numbers by such register or his predecessors in any county or counties, when his autographed signature and certificate are filed in such office or offices pursuant to this chapter, he shall also affix such number or numbers. No official act of such notary public shall be held invalid on account of the failure to comply with these provisions” (EL 137).

Married or Religious Name

“When a notary marries during the term of office for which he/she was appointed, he/she may continue to use the name under which he/she was commissioned as notary public. However, if he/she elects to use 'his/her marriage name, then for the balance of his/her term as a notary public he/she must continue to use the name under which he/she is commissioned in his/her signature and seal when acting in his/her notarial capacity, adding after his/her signature his/her married name, in parentheses” (NPLL).

“A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circles (Op. Atty. Gen., Mar. 20, 1930.)” (NPLL).

Notary’s Electronic Signature

1. Tamper-Evident: “When performing an electronic notarial act relating to execution of instruments in writing, a notary public shall apply an electronic signature, which shall be attached to the electronic record such that removal or alteration of such electronic signature is detectable and will render evidence of alteration of the document containing the notary signature which may invalidate the electronic notarial act” (EL 135-c.5[a]).

2. Requirements: “[A]ll notaries public who wish to perform electronic notarial acts in New York State must: …
   “(5) affix a reliable electronic signature to electronic records. An electronic signature is reliable if it is:
   “(i) unique to the notary public;
   “(ii) attached or logically associated with an electronic record by use of a digital certificate that utilizes public key infrastructure as defined in this Part and is capable of independent verification;
   “(iii) retained under the notary public’s sole control; and
   “(iv) linked to the data in such a manner that any subsequent alterations to the underlying document are detectable and may invalidate the electronic notarial act” (19 NYCRR 182.4[a][5]; see also EL 135-c.5[b]).

3. Definitions:

   1. “'Public key infrastructure' means the architecture, organization, techniques, practices, and procedures that collectively support the implementation and operation of a certificate-based asymmetric or public/private key cryptographic system” (19 NYCRR 182.2[n]).

   2. “'Public/private key or asymmetric cryptographic system' means a system by which two mathematically linked keys are generated, one a publicly available validation key and the other a private key that cannot be deduced from the public key” (19 NYCRR 182.2[o]).

4. Electronic Notarial Acts Only: “The notary public’s electronic signature shall be used only for the purpose of performing electronic notarial acts” (EL 135-c.5[c]; see also 19 NYCRR 182.4[6]).

5. Security of Access Information: “The notary public shall not disclose any access information used to affix the electronic notary’s signature and seal except when requested by the secretary of state or a designee, or judicial subpoena, and with reasonable precautions, electronic document preparation and transmission vendors. Control of security aspects such as but not limited to passwords, token devices, biometrics, PINS, phrases, software on protected hardware shall remain under the sole control of the notary public” (19 NYCRR 182.4[b]).

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Records Requirement

1. Journal

   1. Notarial Acts: Required.
      “[A]ll notaries public must maintain records sufficient to document compliance with the requirements of sections 130 and 135-c of the Executive Law and the duties and responsibilities of a notary public and/or electronic notary public as outlined in [19 NYCRR Part 182]” (19 NYCRR 182.9[a]).

   2. In-Person Electronic Notarial Acts: Required (19 NYCRR 182.9[a]).

   3. Remote Notarial Acts: Required (19 NYCRR 182.9[a]).

2. Recording of Remote (Electronic) Notarial Acts: Required.
   “If video and audio conference technology has been used to ascertain a document signer’s identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. The recording shall be maintained for a period of at least ten years from the date of transaction” (EL 135-c.2[b]).

Journal Entries

According to 19 NYCRR 182.9(a), for each entry of a notarial act, a Notary must record in the journal:
1. The date and approximate time, and type of notarial act;
2. The name and address of any individuals for whom a notarial act was performed;
3. The number and type of notarial services provided; and
5. The type of credential used to identify the principal, including, for verification made in accordance with 19 NYCRR 182.5(b)(4)-(5), the names of the witnesses and, if applicable, the type of credential used;
6. For electronic notarial acts, identification of the communication technology and, if not included as part of the communication technology used by the electronic notary, the certification authority and verification providers used.

Audio-Visual Recording of Remote Notarial Acts

“The electronic notary shall keep a copy of the recording of the video and audio conference that includes at minimum:
“(1) the complete notarial act, including the verification required by paragraph 9 of subdivision (a) of section 182.4 of this Part;
“(2) any signatures required for completion of the notarial act; and
“(3) a verbal description of the type of identification used.
“The recording shall not include the discussion or display of any personally identifiable information not subject to recordkeeping requirements set forth in section 182.9 of [19 NYCRR], and must be maintained for a period of at least ten years from the date of transaction” (19 NYCRR 182.8).

Contemporaneous Completion of Journal

“Such records shall be made contemporaneously with the performance of the notarial act” (19 NYCRR 182.9[a]).

Records Retention

1. Journal of Notarial Acts: “Any records maintained by a notary public pursuant to [19 NYCRR Part 182] must be retained by the notary public for at least ten years” (19 NYCRR 182.9[b]).

2. Audio-Visual Recording: As noted above, any audio-visual recording of a temporary remote notarial act must be retained by the Notary for at least 10 years (EL 135-c.2[b]).

Records Reporting

“Any records retained by a notary public pursuant to this Part must be capable of being produced to the secretary of state and others as necessary in relation to the performance of the notary public’s obligations pursuant to the Executive Law and [19 NYCRR Part 182]” (19 NYCRR 182.9[c]).

Records Repositories

“Record storage may be made through a third party if safeguarded through a password or other secure means of authentication or access” (19 NYCRR 182.9[a]).

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Maximum Fees

1. Notarial Acts: The maximum fees that a New York Notary may charge for a notarial act are (EL 136):

   1. Taking an acknowledgment or proof: $2 per person, plus $2 for each witness sworn in;

   2. Administering an oath or affirmation including, as applicable, any jurat certificate: $2 per person (except where another fee is specifically prescribed by statute);

   3. Executing a protest: 75 cents per protest and 10 cents per notice of protest, not exceeding five notices (EL 135).

2. Electronic (Remote) Notarial Acts: “An electronic notary public shall be entitled to a fee of twenty-five dollars for each electronic notarial act performed, which shall be inclusive of all costs incurred by the notary public” (19 NYCRR 182.11[g]).

Oath of Office

A Notary may not charge a fee for administering an oath of office to any public officer or employee, or to a military officer (POL 69).

County Office

“Each county clerk shall designate from among the members of his or her staff at least one notary public to be available to notarize documents for the public in each county clerk’s office during normal business hours free of charge. Each individual appointed by the county clerk to be a notary public pursuant to this section shall be exempt from the examination fee and application fee required by § 131 of the Executive Law” (County Law, 534).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of New York.

Recording Requirements

1. Acknowledgment or Proof: “A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk shall, upon the request of any party, on tender of the lawful fees therefor, record the same in his said office” (RPL 291).

2. Certificate of Acknowledgment or Proof: See “Certificate Forms” above for the certificates of acknowledgment or proof that are required for a conveyance of real property to be recorded.

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In addition to Notaries Public, the following officers have power to take acknowledgments and proofs for conveyances of real property situated in the state (RPL 298):

Acknowledgments and Proofs in New York

“The acknowledgment or proof, within this state, of a conveyance of real property situate in this state may be made:
“1. At any place within the state, before (a) a justice of the supreme court; (b) an official examiner of title; (c) an official referee; or (d) a notary public.
“2. Within the district wherein such officer is authorized to perform official duties, before (a) a judge or clerk of any court of record; (b) a commissioner of deeds outside of the city of New York, or a commissioner of deeds of the city of New York within the five counties comprising the city of New York; (c) the mayor or recorder of a city; (d) a surrogate, special surrogate, or special county judge; or (e) the county clerk or other recording officer of a county.
“3. Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction, anywhere within the county containing the town, village or city in which he is authorized to perform official duties” (RPL 298).

Free Services at County Clerk Office: Each county clerk must make available at least one staff member to notarize for the public free of charge during normal business hours (County Law, 534).

Acknowledgments and Proofs in U.S. State or Jurisdiction

“The acknowledgment or proof of a conveyance of real property situate in this state, if made (a) without the state but within the United States, (b) within any territory, possession, or dependency of the United States, or (c) within any place over which the United States, at the time when such acknowledgment or proof is taken, has or exercises jurisdiction, sovereignty, control or a protectorate, may be made before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer:
“1. A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof.
“2. A mayor or other chief civil officer of any city or other political subdivision.
“3. A notary public.
“4. A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state.
“5. Any person authorized, by the laws of the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is made, to take the acknowledgment or proof of deeds to be recorded therein” (RPL 299).

Acknowledgments and Proofs in Foreign State

“The acknowledgment or proof of a conveyance of real property situate in this state may be made in foreign countries before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer:
“1. An ambassador, envoy, minister, charge d’affaires, secretary of legation, consul-general, consul, vice-consul, consular agent, vice-consular agent, or any other diplomatic or consular agent or representative of the United States, appointed or accredited to, and residing within, the country where the acknowledgment or proof is taken.
“2. A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof.
“3. A mayor or other chief civil officer of any city or other political subdivision.
“4. A notary public.
“5. A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state.
“6. A person residing in, or going to, the country where the acknowledgment or proof is to be taken, and specially authorized for that purpose by a commission issued to him under the seal of the supreme court of the state of New York.
“7. Any person authorized, by the laws of the country where the acknowledgment or proof is made, to take acknowledgments of conveyances of real estate or to administer oaths in proof of the execution thereof” (RPL 301).

Certificate of Conformity: “An acknowledgment or proof made pursuant to the provisions of section three hundred one of this chapter may be taken in the manner prescribed either by the laws of the state of New York or by the laws of the country where the acknowledgment or proof is taken. The acknowledgment or proof, if taken in the manner prescribed by the laws of such foreign country, must be accompanied by a certificate to the effect that it conforms with such laws. Such certificate may be made by
“(a) An attorney-at-law admitted to practice in the state of New York, resident in such foreign country, or by
“(b) A consular officer of the United States, resident in such foreign country, under the seal of his office, or by
“(c) A consular officer of such foreign country, resident in the state of New York, under the seal of his office, or by
“(d) Any other person deemed qualified by any court of the state of New York, if, in any action, proceeding, or other matter pending before such court, it be necessary to determine that such acknowledgment or proof conforms with the laws of such foreign country; or by the supreme court of the state of New York, on application for such determination.
“The justice, judge, surrogate, or other presiding judicial officer shall append to the instrument so acknowledged or proved his signed statement that he deemed such person qualified to make such certificate” (RPL 301-a[1]).

Acknowledgments and Proofs in or with the Armed Forces of the United States

“The acknowledgment or proof of a conveyance of real property situate in this state, if made by a person enlisted or commissioned in or serving in or with the armed forces of the United States or by a dependent of any such person, wherever located, or by a person attached to or accompanying the armed forces of the United States, whether made within or without the United States, may be made before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the Army, Air Force or Marine Corps, or ensign or higher in the Navy or Coast Guard, or with equivalent rank in any other component part of the armed forces of the United States.
“In addition to the requirements of [RPL] sections three hundred and three, three hundred and four, and three hundred and six of this chapter, the certificate of an acknowledgment or proof taken under this section shall state (a) the rank and serial number of the officer taking the same, and the command to which he is attached, (b) that the person making such acknowledgment or proof was, at the time of making the same, enlisted or commissioned in or serving in or with the armed forces of the United States or the dependent of such a person, or a person attached to or accompanying the armed forces of the United States, and (c) the serial number of the person who makes, or whose dependent makes the acknowledgment or proof if such person is enlisted or commissioned in the armed forces of the United States. The place where such acknowledgment or proof is taken need not be disclosed.
“No authentication of the officer’s certificate of acknowledgment or proof shall be required.
“Notwithstanding any of the provisions of this section, the acknowledgment or proof of a conveyance of real property situate in this state may also be made as provided in sections two hundred ninety-eight, two hundred ninety-nine, two hundred ninety-nine-a, three hundred one, and three hundred one-a, of this chapter” (RPL 300).

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County Clerk

Authenticating certificates for a Notary are obtained at the office of the county clerk where the Notary’s commission is filed (EL 134).

For a given Notary, an authenticating certificate may additionally be available in other counties, if the Notary has filed a certificate of official character and a sample signature in those other county clerks’ offices.

“Notaries who expect to sign documents regularly in counties other than that of their residence may elect to file a certificate of official character with the other New York State county clerks” (NPLL).

Fee: $3.

Secretary of State

Certificates authenticating the county clerk forms that authenticate notarial acts are issued by the Department of State at the Albany and New York City locations listed below. The Department also authenticates documents signed by state officials.

1. Fee: $10 for a certificate of authentication or an apostille, payable to “New York State Department of State.”

2. Address:
   Mailed Requests:
   New York Department of State
   Division of Licensing Services
   Apostille and Authentication Unit
   99 Washington Ave., 6th Flr.
   P.O. Box 22001
   Albany, NY 12201-2001
   
   In-Person Deliveries ONLY:
   Division of Licensing Services
   123 William Street, 2nd Floor
   New York, NY 10038

3. Phone: 1-518-474-4429

4. Procedure: After obtaining a county clerk’s certificate, needed even for an apostille, mail or present in person the original notarized document, along with the clerk’s certificate, the appropriate fee and an “Apostille/Certificate of Authentication Request” form, downloadable at the Department of Licensing’s website (https://dos.ny.gov/apostille-or-certificate-authentication). (This form is available in seven languages: English, Spanish, Korean, Russian, Chinese, Haitian Creole and Italian.) Attach documents to be authenticated to this form. To expedite, include an addressed, stamped envelope.

5. Expedited Service: “Individuals who have a priority request based on travel plans within two weeks may schedule an appointment to have their documents completed at our Albany or New York City customer service office. Please be advised that this in-person service is by appointment-only at this time, and walk-ins are not permitted without a prior appointment. Please call (518) 474-4429 or send an email with this priority request to Licensing@dos.ny.gov. Please provide copies of the certified documents that need to be authenticated along with your travel itinerary and include ‘Apostille Priority’ in the subject line of email. You will be contacted with date and time of appointment.” (website, “Apostille or Certificate of Authentication”).

6. Education Documents: “Educational documents submitted to the New York Department of State for an Apostille or Certificate of Authentication must first be certified by an official at the educational institution attesting that the document is an official record or a true copy of the original document. The official’s signature then must be notarized by a notary public. The notary public’s signature must then be certified by the County Clerk in the county where the notary public is qualified” (website, “Apostille/Certificate of Authentication Request” form). This applies to educational documents “such as transcripts, diplomas or certificates,” according to the online instructions of the Department.

7. Other Documents: “All other documents (such as a power of attorney) must first be notarized. The notary’s signature must then be certified at the County Clerk’s office where the notary is qualified” (“Apostille/ Certificate of Authentication Request” form).

8. In-State Documents: “The need for a certificate of authentication of a county clerk as a prerequisite to recording or use in evidence in this State of the instrument acknowledged or proved has been abolished. The certificate of authentication may possibly be required where the instrument is to be recorded or used in evidence outside the jurisdiction of the State” (NPLL).

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