Notary public (New York)

Notary public (New York)
An Embossed Notary Seal. This type of seal is no longer legally sufficient in New York State.

Notaries public in New York are commissioned by the Secretary of State of New York after passing a short examination in law and procedure.[1] A notary's commission is received from and kept on file with the county clerk of the county in which they reside or do business, but notaries are empowered to actually perform their duties anywhere in the state.



Notaries must be residents of the state or have a business in the state.[2][3] Attorneys at law may automatically be appointed notaries simply by submitting the filing fee.[3] Someone who is a commissioner or inspector of elections may also be a notary.[4] One designated employee of the county clerk may be appointed a notary without taking the test.[5] A state legislator may also be a notary, without any conflict of interest.[6] Since the passage of the Married women's property acts in the mid-19th century, a married woman could be a notary.[3][7]

Certain persons can not be licensed as a notary in New York.[3] These include a non-citizen,[2] someone who neither has a residence nor a business in New York,[2] a person convicted of certain felonies,[2] a person removed from office as notary or commissioner of deeds,[8] and convicted draft dodgers.[9] The New York Notary Association provides training and exam preparation at By a quirk of New York law that bars them from holding any other office, sheriffs may not be appointed notaries.[3][10]


New York notaries are empowered to administer oaths and affirmations (including oaths of office),[11] to take affidavits and depositions,[12] to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing.[3][13] Notaries may also demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing.[3][14] Finally, they can witness the opening of a safe deposit box.[15]

Notaries have no other powers: notably (as emphasized by official publications) they may not certify copies of documents (for instance, "I hereby certify that this is a true and correct copy...," is something beyond the authority of a New York State notary) However, a notary may sign a form of affidavit on a copy where the document's custodian him/herself signs and swears to the authenticity of the document (usually a government issued picture ID). This can suffice as a "notarized copy" in most instances, but is not a certified copy. A Notary cannot prepare legal documents, offer any advice, or review documents for legality (even offering an opinion as to whether a document needs notarization is considered to be "practicing law without a license" in New York); and they may not solemnize marriages. Further, notaries in New York are specifically warned not to notarize last wills and testaments: in New York, wills must be attested to by two witnesses (who need not be notaries), and a will witnessed by a notary is not thereby validated, a source of confusion for many people. An attorney who is also licensed as a Notary Public may notarize a persons signature to a will, thereby rendering it recordable.[3]

Seal or stamp

New York does not require that notaries use an official seal or stamp - the embossed seal illustrated above is, in fact, now a decorative addition to a document rather than a requirement of law, and is itself insufficient for a notarization. New York notaries may write in black ink, or may stamp with a rubber stamp, the required information for notarization: their name; the words "Notary Public, State of New York"; the county in which they are qualified (that is, the county in which the county clerk holds their original certificate and signature card); the county which additional signature certificates are filed (done for convenience of authenticating their notarizations); the date that the notary's commission expires (commissions are renewed every four years); and, only if qualified in New York City (the counties of The Bronx, Richmond, Kings, Queens and New York) a registration number. This information, with the notary's signature and the date and place of notarization are required for a legal notarization.

John Doe
Notary Public, State of New York
Qualified in Bronx County
No. 12345
My commission expires January 1, 20....

A typical layout for a notary's rubber stamp, for use beneath the notary's signature.

Notaries may charge fees (the maximum is $2), but many choose to waive them (for instance, for clients and customers of their other services; for example, many banks have notaries on duty to serve their depositors for free).[16] Each county clerk also has a notary on duty in the clerk's office to serve the public at no charge.

New York has another official similar to a notary, a commissioner of deeds.


  1. ^ Welcome to the Division of Licensing from the NY Secretary of State's official government website
  2. ^ a b c d N.Y. Executive Law § 130.
  3. ^ a b c d e f g h Notary Public License Law from the NY Secretary of State's official government website
  4. ^ N.Y. Elections Law §§ 3-200, 3-400.
  5. ^ N.Y. Public Officers Law § 534.
  6. ^ 1927 Op. (N.Y.) Atty. Gen. 97.
  7. ^ N.Y. Real Property Law § 302.
  8. ^ N.Y. Executive Law § 140.
  9. ^ N.Y. Public Officers Law § 3.
  10. ^ New York Constitution Article XIII, § 13(a)
  11. ^ N.Y. Public Officers Law §§ 10, 69.
  12. ^ N.Y. CPLR Rule 3113.
  13. ^ N.Y. Real Property Law §§ 290 (3),298, 302, 303, 304, 306, 309.
  14. ^ N.Y. Executive Law § 135.
  15. ^ N.Y. Banking Law § 335.
  16. ^ N.Y. Executive Law § 136.

Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • Notary public — An embossed foil Notary Seal from the State of New York. A notary public (or notary or public notary) in the common law world is a public officer constituted by law to serve the public in non contentious matters usually concerned with estates,… …   Wikipedia

  • public — /pub lik/, adj. 1. of, pertaining to, or affecting a population or a community as a whole: public funds; a public nuisance. 2. done, made, acting, etc., for the community as a whole: public prosecution. 3. open to all persons: a public meeting. 4 …   Universalium

  • New Democratic Party candidates, 2011 Canadian federal election — This is a list of nominated candidates for the New Democratic Party in the 2011 federal election. The party s list of candidates in 2011 included the largest number of women ever nominated by a major party in an election campaign, with 123 female …   Wikipedia

  • New Democratic Party candidates, 2008 Canadian federal election — This is a list of nominated candidates for the New Democratic Party in the 40th Canadian federal election, which resulted in a Conservative minority government.[1] Contents 1 Newfoundland and Labrador 7 seats 2 Prince Edward Island 4 seats …   Wikipedia

  • Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents — The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents is one of a series of conventions of the Hague Conference on Private International Law. It was signed by the original signatories on October 5, 1961. It… …   Wikipedia

  • Seal (emblem) — Present day impression of a Late Bronze Age seal …   Wikipedia

  • Justice of the peace — A justice of the peace (JP) is a puisne judicial officer elected or appointed by means of a commission (letters patent) to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative …   Wikipedia

  • Certified copy — For the 2010 French film, see Certified Copy (film). A certified copy is a copy (often a photocopy) of a primary document, that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the… …   Wikipedia

  • Commissioner of deeds — A Commissioner of Deeds is an officer having authority to take affidavits, depositions, acknowledgments of deeds, etc., for use in the state by which the person is appointed. The office is similar to that of Notaries Public; thus, commissioners… …   Wikipedia

  • Oath of office of the President of the United States — President Ronald Reagan being administered the oath of office by Chief Justice Warren E. Burger on January 21, 1985. The oath of office of the President of the United States is an oath or …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”