New York Notary Public Study Guide 2026

Who can become a New York notary

The Secretary of State appoints notaries public under Executive Law section 130. The Division of Licensing Services runs the program. A notary is a public officer, so the job comes with legal duties.

Basic requirements

• You must be a New York resident, or have an office or place of business in New York.
• The Secretary of State must be satisfied that you have good moral character, an education equal to common school, and enough knowledge of notary duties.
• Most applicants must pass the written exam.
• Attorneys admitted in New York and Unified Court System court clerks do not need to take the exam.
• A person convicted of a crime cannot be appointed unless the Secretary of State finds, under the Correction Law, that the conviction is not a bar.

A New York attorney who has an office in New York may keep the appointment while living in an adjoining state.

Applying

1. Pass the notary exam (unless you are exempt).
2. Download and complete the Oath of Office form, and scan it as a file.
3. Apply online through NY Business Express. Choose a traditional or an electronic notary commission.
4. Upload the oath and pay the application fee.
5. Watch for your commission card by email.

A commission lasts four years. You must renew it to keep acting as a notary.

The notary exam

• The exam is multiple choice.
• You have one hour. The clock starts after the instructions.
• Results are pass or fail. You do not get a numerical score. Results come by mail.
• Results are valid for two years. Apply for your commission within that time.
• Sessions are walk-in. No pre-registration is needed, and seats go first come, first served.
• Bring a current government photo ID with a signature and two number 2 pencils.
• Applicants with a disability can ask for special testing arrangements.

The Department of State does not publish the number of questions or a pass mark. It points applicants to the Notary Public License Law booklet as study material.

The county clerk and where you can act

After you are appointed, the Secretary of State gives the county clerk of the county where you live a copy of your application information and your signature. The clerk indexes and records it.

• Certifying your signature: a county clerk can certify that you were a notary at the time and that your signature is genuine (Executive Law section 133). This helps when a document is used outside New York.
• Certificate of official character: you may file one with the clerk of any other county (Executive Law section 132). This helps if you often sign documents filed there.
• Where you can act: you may take acknowledgments anywhere in New York State (Real Property Law section 298), not just in your own county.

What a notary can do

Executive Law section 135 lists the main powers of a notary.

Things a notary cannot do

• A notary has no power to perform a marriage (Domestic Relations Law section 11).
• A notary does not decide who owns property or whether a document is legal.

A special duty

When a bank opens a safe deposit box because rent was not paid, a notary must be present. The notary then files a certificate listing the date, the renter's name and the contents (Banking Law section 335).

Acknowledgments, proofs and oaths

Identity and appearance

Real Property Law section 303 says you must not take an acknowledgment unless you know the signer or have satisfactory evidence of who they are. Rule 182.5 lists what counts for an in-person act:

• A valid government ID with a photo and a signature. Check the front and back.
• Two current documents that bear the signer's signature.
• Your personal knowledge of the signer.
• Sworn statements from witnesses.

All parties must appear in person for the whole act (rule 182.3). Taking an acknowledgment or affidavit by phone is illegal. The only exception is a registered electronic act.

Proof by a subscribing witness

A witness who saw a document signed can prove it. You must know the witness or have satisfactory evidence of their identity (Real Property Law section 304).

Oaths and affirmations

• An oath must be a clear, present act by the person, done in your presence.
• A simple oath asks the person if they solemnly swear that what the affidavit says is true.
• If a person does not wish to swear, give an affirmation that the statements are true.
• Swearing falsely to an important fact is perjury, a crime.

Forms and language

Real Property Law section 309-a gives uniform acknowledgment forms. Section 309-b gives forms for acts done outside New York. A deed can only be recorded if it is in English or has a certified English translation attached (Real Property Law section 333).

Signature, stamp and records

Executive Law section 137 says that beneath your signature, in black ink, you must print, type or stamp:

• Your name
• The words Notary Public State of New York
• The county where you originally qualified
• Your commission expiration date

You must also show the venue of the act and any county where you filed a certificate of official character. Every notary must add their official number to each instrument that needs an oath or affirmation (rule 182.3), and New York City notaries add it to each instrument they sign. An attorney may write Attorney and Counselor at Law instead of Notary Public. Missing details do not make the act invalid, but willful failure can lead to discipline.

Records

• Make a record of every notarial act at the time you perform it (rule 182.9).
• Include the date, time, type of act, names and addresses of the people served, the type of ID used and how you checked it.
• Keep records for at least 10 years.
• Give your records to the Secretary of State when asked.
• Tell the Secretary of State within five days if your name, address or email address changes (rule 182.3).

Electronic notarization

Executive Law section 135-c and rules 182.4 to 182.8 cover electronic notarial acts, including remote acts by video.

• Register first: tell the Secretary of State before your first electronic act. The registration includes an exemplar of your electronic signature.
• Location: you must be physically in New York during the act.
• Technology: use live, real-time audio and video for the whole act, with a secure signal.
• Identity: unless you know the signer, use credential analysis and identity proofing by a third party.
• Electronic signature: unique to you and under your sole control.
• Certificate: state that the signer appeared using communication technology.
• Recording: keep the audio-video recording for at least 10 years.
• Choice: you cannot require every customer to use electronic notarization.

Conflicts, legal advice and misconduct

When to step aside or refuse

• Disqualify yourself if you are a party to the transaction or have a financial interest in it (rule 182.3).
• You cannot take an acknowledgment of your own signature.
• An employee, officer or stockholder of a company may notarize for it, unless they are a party signing the document (Executive Law section 138).
• You may refuse if you doubt the signer is competent or signing willingly.
• You must refuse when the rules are not met, such as when a signer cannot show authority to sign for a company.

No legal advice

A notary who is not an attorney must not give legal advice or draw legal papers such as wills, deeds or contracts. Doing so is the unlawful practice of law. Do not supervise the signing of a will. Do not take payment for sending clients to a lawyer, and do not share a lawyer's fees.

Advertising

A non-attorney must not use words that suggest they are a lawyer, such as abogado. Ads in another language must state that the notary is not a licensed attorney (Executive Law section 135-b and rule 182.1).

Fees

Executive Law section 136 sets the maximum fees. Public Officers Law section 67 says a public officer may charge only the fees the law expressly allows.

Penalties

Executive Law section 142-a protects people who relied on a notary's act. An act is generally not invalid just because, for example, the notary's term had expired, unless the person knew of the problem.

Study tips

• Read the full Notary Public License Law booklet at least twice.
• Make flash cards for each Executive Law section from 130 to 138 and what it covers.
• Learn the numbers: four-year term, two-year exam results, five days to report changes, and 10 years for records.
• Know the difference between an oath and an affirmation, and between an acknowledgment and a proof.
• Practice until you pass these sets comfortably, then review the topics you miss.