- New York State License Verification Notary Public Application Form
- New York State License Verification Notary Public Application Forms
- Notary Public Application New York State
- Ny State Notary License
Notaries public in New York are commissioned by the Secretary of State of New York after passing a short examination in law and procedure and submitting an application for appointment accompanied by the proper fees.[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.[2]
Renew as a New York Notary. We'll help you through the New York Notary renewal process. Order Your New Supplies. Each supply package includes a stamp for your new commission term. Fill Out Your Application. Your application will be mailed to you. Once completed, submit it to the county clerk where you are commissioned. An individual who is currently a member of the New York State Bar or a court clerk of the Unified Court System, appointed to that position after taking a Civil Service promotional examination in the court clerk series of titles, while not exempt from the application fee, may be appointed a notary public without an examination. Renew as a New York Notary with the #1 provider. We make it fast & easy with our exclusive Step-by-Step Checklist. Notary.net now offers online notary public seminars for current notaries and those looking to become notaries in the State of New York. Our intuitive online notary class will teach you everything you need to become a professional notary and fulfill the mandatory education requirement for new notary applicants. [Get the New York State Licensing law Booklet with the exam schedule and procedures]Notary Public New York Licensing Law. This can be obtained from the New York Secretary of State, Division of Licensing services; or get it from the New York State Notary Public Association by calling 1-877-484-4673. Do not worry.
Following successful completion of the notary public test, the applicant must mail the application to the New York State Licensing Commission: P.O. Box 22001, Albany, NY 12201, along with a check for $60.
Requirements[edit]
Notaries public must be residents of the state or have an office or place of business in the state.[3][4]Attorneys at law With the exception of taking and passing the initial, written notary examination, New York bar members must follow the same appointment and re-appointment process as non-lawyers; lawyers are not automatically appointed as notaries because they are licensed as lawyers.[4] Someone who is a commissioner or inspector of elections may also be a notary.[5] County clerk employees may be appointed a notary without submitting the customary fees; however, the written examination is required.[6] A state legislator may also be a notary, without any conflict of interest.[7] Since the passage of the Married women's property acts in the mid-19th century, a married woman can be a notary.[4][8]
Certain persons cannot be commissioned as a notary public in New York.[4] These include a non-citizen,[3] someone who has neither a residence nor a business in New York,[3] a person convicted of certain felonies,[3] a person removed from office as notary or commissioner of deeds,[9] and a convicted draft dodger.[10] The State Constitution prohibits (the) elected Sheriffs from holding any other office; sheriffs may not be appointed notaries.[4][11] The collateral consequences of certain criminal conduct may be relieved upon the issuance of a certificate of good conduct by the parole board or an executive pardon by the governor.
Powers[edit]
New York notaries are empowered to administer oaths and affirmations (including oaths of office),[12] to take affidavits and depositions,[13] to receive and certify acknowledgments or proofs (of execution) of deeds, mortgages and powers of attorney and other instruments in writing.[4][14] Notaries may also demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing.[4][15] Other powers include required attendance at the forced opening of an abandoned safe deposit box to observe the opening and conduct and provide a written inventory of the contents.[16]
New York notaries may not issue certified copies of publicly recordable documents (i.e. birth certificate, marriage certificate, bankruptcy discharge, divorce decree, etc.); 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 beyond the authority of a New York notary). However, a notary may issue a notarial copy certification in which the document custodian signs and swears to the authenticity of the original and facsimile document. New York notaries, including attorney-notaries, may not solemnize marriages in a civil ceremony. In New York state, a notary is not required for a testator to write or execute a last will and testament. New York law requires two witnesses, who do not need to be notaries, to attend and observe the will signing ceremony; subsequent to the execution by both testator and subscribing witnesses, these witnesses may then swear to the mental competence of the testator and other factors associated with the execution ceremony. A notary may, upon request, take a 'self-proving affidavit' or an 'affidavit of execution' sworn to and signed by the testator and the two (subscribing) witnesses, which will serve as formal proof and testimony of the proper will execution in the probate process at the county surrogate..[17]
Seal or stamp[edit]
New York notaries are not ordered to possess or use official marking stamps or seals of any kind. In lieu of a traditional inked stamp, New York notaries must handwrite, typewrite or print, below the official signature, the 'statement of authority': commissioned name; the words 'Notary Public State of New York'; the county in which they are qualified (the county in which the county clerk records a signed and sworn oath of office); commission expiration date. Most New York notaries possess and use some form of marking stamp and/or official embossing seal. It is considered a best practice, however, for a professional notary to incorporate the use of a marking inked stamp and official embossing seal..[18]
Notary Commission Appointment and Re-Appointment[edit]
In New York, a notary commission is granted for a four-year term. Other than the pre-qualification written examination, no continuing education is required during the term. Both initial and re-appointment applications require a $60.00 application fee ($40.00 for the appointment and $20.00 for the oath of office filing). The application for re-appointment is sent by US Mail to every notary approximately three months prior to the term expiration. No re-examination is required if the application for re-appointment is returned during the six-month 'grace period' after the date of expiration; a twelve-month 'grace period' extends from the date of discharge of a member of the United States military. .[19]
The customary 'statement of authority' marking stamp data for placement below the signature of the official signature of a notary;however, this information may be handwritten, typed or printed beneath the signature of a notary - a stamp is not required..[20]
Notaries may collect $2.00 to administer an oath or affirmation (but not an oath of office) and to take an acknowledgment or proof of execution. Many notaries elect to waive the fee, especially if working within the employ of a private or public employer.[21] Each county clerk also has a notary on duty in the clerk's office to serve the public at no charge. Travel expense charged is a separate fee, unregulated by law, and is privately negotiated between the notary and client.
As of April, 2017, New York State had approximately 291,000 commissioned notaries public.
Cities in the State of New York appoint and commission an officer called a Commissioner of Deeds, which can be applied for with the respective City Clerk's office and is appointed by the City Council. These local officials possess limited powers and the acts performed by them may not be accepted in some states or international destinations.
References[edit]
New York State License Verification Notary Public Application Form
- ^Welcome to the Division of Licensing Services from the New York Department of State official government website
- ^Piombino, Alfred E. (2011). Notary Public Handbook: A Guide for New York (Fourth ed.). East Coast Publishing.
- ^ abcdN.Y. Executive Law § 130.
- ^ abcdefgNotary Public License Law from the NY Secretary of State's official government websiteArchived 2006-10-11 at the Wayback Machine
- ^N.Y. Elections Law §§ 3-200, 3-400.
- ^N.Y. Public Officers Law § 534.
- ^1927 Op. (N.Y.) Atty. Gen. 97.
- ^N.Y. Real Property Law § 302.
- ^N.Y. Executive Law § 140.
- ^N.Y. Public Officers Law § 3.
- ^New York Constitution Article XIII, § 13(a)
- ^N.Y. Public Officers Law §§ 10, 69.
- ^N.Y. CPLR Rule 3113.
- ^N.Y. Real Property Law §§ 290 (3),298, 302, 303, 304, 306, 309.
- ^N.Y. Executive Law § 135.
- ^N.Y. Banking Law § 335.
- ^Piombino, Alfred E. (2011). Notary Public Handbook: A Guide for New York (Fourth ed.). East Coast Publishing.
- ^Piombino, Alfred E. (2011). Notary Public Handbook: A Guide for New York (Fourth ed.). East Coast Publishing.
- ^Piombino, Alfred E. (2011). Notary Public Handbook: A Guide for New York (Fourth ed.). East Coast Publishing.
- ^Piombino, Alfred E. (2011). Notary Public Handbook: A Guide for New York (Fourth ed.). East Coast Publishing.
- ^N.Y. Executive Law § 136.
New York State License Verification Notary Public Application Forms
63 Cards in this Set
Notary Public Application New York State
- Front
- Back
Ny State Notary License
Yes. A NP is appointed by the New York Secretary of State vested by Executive Law. | |
What is the commissions's term? And, how can it be renewed? | The length of a NP commission is four (4) years. After 4 years have passed, the NP commission may be renewed without having to re-take the exam provided that renewal paperwork is submitted within six (6) months of the terms expiration. |
What are individuals who receive services from a NP termed as? | |
What are some of the commonly performed services of a notary? |
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Once a document becomes notarized, is the document considered admissible in court? | Yes. The document is presumed valid and establishes 'prima facia' evidence, sometimes called presumptive evidence. |
What is the jurisdiction of a New York State notary? | The jurisdiction extends throughout all 62 counties of the state. |
What if a constituent who lives out of state is seeking a NYS notary? | When a NP meets with constituents seeking notary services, the meeting must take place within the boundaries of the New York State. The NYS notary cannot travel to other states to perform notary services unless duly commissioned or licensed on those other states as well. |
Notaries are needed to prove the authenticity of signatures, compel truthfulness and assist in minimizing fraud. | |
Notaries do not guarantee the truth or accuracy of statements in the document being notarized. | |
Who, in New York State, may not be a notary public? | 1. A county Sheriff cannot serve as a notary due to a state law that bars sheriffs from holding any other public office.; 2. A convicted felon |
What exam would a practicing attorney in New York be required to take as a Notary? | Attorneys who are admitted to the NYS Bar and are practicing in New York State are not required to sit for the Notary Public exam - they must, however, submit an application and pay the mandatory fee. |
Are court clerks automatically commissioned as notaries? | No. Court clerks of the Unified Court System who have taken the Civil Service promotional exam are exempt from testing but they must submit an application and pay the mandatory fee. |
What is the most commonly performed notarial act? | The acknowledgement. This can be found with deeds, mortgages and other documents pertaining to real estate, as well as in other areas unrelated to real estate. |
When can a NP re-apply for commission without re-testing? | 1. Up until 6 months from expiration date. 2. Up until 1 year after military discharge (except dishonorable) 3. When the renewal is mailed to the NP reminding that expiration date is in 3 months. |
Who is appointed to accept process service on behalf of the NP who is a non-resident | |
Can a NP be denied re-appointment at time of renewal even if in excellent, good standing? | Yes. In any case the appointment is at the complete discretion of the Secretary of State. |
What are the general NP eligibility requirements...although not limited to these? |
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Yes. A NP receives an ID card within 2 weeks of Secretary of State receipt of passed exam with fee and application. | |
The Secretary of State and the Division of Licensing Services. | |
Approximately 3 months prior to the expiration a renewal application is posted to the NP which must be completed and returned with the $60 fee to the County Clerk. | |
1. Receive/certify acknowledgements, deeds, mortgages, power of attorney. 2. Administer oaths/affirmations. 3. Take affidavits & depositions. 4. Demand/acceptance or payment of foreign & inland bills of exchange, promissory notes & obligations in writing protesting the same for non-payment. | |
The Secretary of State forwards the commissions, the original oath of office and signature of the newly appointed NP to the county clerk. | |
What happens when a NP moves out of the state and does not at least retain an office address within the state? | |
What are the general regulations and procedures at the test center? | 1. Photo ID; 2. Thumb print taken; 3. arrival at least 15 minutes early; 4. first come first serve; 5. Bring 2 #2 pencils; 6. No study materials allowed; 7. 1 hour to take the test, 40 multiple choice questions, at least 70% correct. |
What are 4 examples of activities involving the practice of law which are prohibited for the NP and can result in the removal from the office, possible imprisonment or both? | 1. Giving advice on law, drawing papers or any legal documents recognized by the courts; 2. Asking for or getting legal business to give to a lawyer and getting paid. (it's ok to give business to a lawyer and not get paid); 3. Notary service in wills; 4. Doing anything that infers you can give advice like advertising. |
When are the only times a NP can engage indirectly in the practice of law? | |
Of the 2 simplest forms of oath, what is required for both. | Oath/Affirmation: 1. Person whose oath is being taken must be in the presence of the NP; 2. It must be an unequivocal & present act by which the affiant consciously takes upon himself the obligation of the oath. |
What is the alternate simplest form in which an oath may be administered for those who conscientiously decline taking an oath. | Affirmation. 'Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?' |
Unacceptable to the Secretary of State is 'slipshod' administration. What is the simplest form which an oath may lawfully be administered by the NP? | 'Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true'? |
What happens if a document is notarized by a person who is not a NP? | Section 142-A of the Executive Law deems it valid although the fake NP can still be prosecuted. |
What choice does a woman notary who marries have for name use? | 1. Married name; 2. Both Maiden and Married name; 3. Maiden name for life |
1. $15.00 - exam; 2. $60.00 - license; 3. $10.00 change name & address; 4. $10.00 - duplicate ID cards | |
When is the one time you may take acknowledgements/affidavits over the phone or without actually seeing the person making (signing) the acknowledgement? | |
How is the deviation or departing from the 'step by step' procedures required of the NP viewed by the authorities? | 1. serious offense; 2. illegal; 3. Subjects NP license to revocation and/or prosecution. |
Yes...1. We can work in the state and may reside outside state. 2. Non-residents working within the state; 3. Oath of office & signature must be filed in county of their office. | |
When would the County Clerk normally be called upon to authenticate the signature of the NP? What is the fee? | When documents will be used outside the State. $3.00 fee. |
How will you be notified of your exam result and what do you do next when you pass? | Passed slip is mailed to you. Fill out application & return with fee. |
$15.00 fee. 40 question multiple choice. 70% or 28 correct answers needed to pass. Topics are law, general terms and info related to the duties & functions outlined in the 'Notary Public License Law Booklet' | |
Who maintains a record of the NP signature made available for public access and verification of official signature? | |
In the county of residence or county of business in the state if residing out of state. | |
Can a person convicted of a criminal offense become a NP? | Yes. Only with an executive pardon of certificate of 'Good Conduct' from the parole board. |
Can anyone become a NP without taking the NP exam? | An attorney and court clerks already practicing in the state do not take the exam. |
How do the courts hold an acknowledgement taken by a person financially or beneficially interested as a party to conveyance? | |
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No NP shall be suspended or removed for misconduct unless what procedure occurs first? | NP has been served with a copy of the charges and gets an opportunity of being heard. |
How do the courts hold an assignment of mortgage taken before or by a NP who is an assignee (having interest)? | |
What instances disqualify the NP in certain cases although still remaining eligible to hold office? | 1. Having pecuniary interest or benefiting in the action; 2. Are a party directly or indirectly of the transaction. |
Can a member of the legislature be appointed with a NP commission? | Yes. But if being paid they vacate their seat in the legislature and power of appointment is transferred from governor and senate to the Secretary of State. |
Can a legislator also hold a civil office (be a notary) in the NYS government | Yes. Provided not being paid. A legislator cannot hold a civil state office if receiving compensation. |
Does the County Clerk provide NP services to the general public? | Yes. The County Clerk shall have one designated for business hours. Note that the County Clerk's staff is exempt from fees for exam ($15 for exam and $60 for application). |
Can one incorporator who is a NP take the acknowledgement of the other incorporator? | No. That would make the acknowledgement Null and Void. They both are parties to the instrument and sign it. |
What are the acceptable ways the signature & seal of the County Clerk can be presented? | Facsimile (exact copy), printed, stamped, photographed, or engraved thereon. This is different than the NP seal. |
What is on the NP ID card issued by the Secretary of State? | ID number, name, address, county, commission term, expiration date. |
What are the procedures of appointment & fees after the 'test passed' notification is received? | 1. Submit an application, $60.00 fee, passed exam slip with executed (notarized oath of office to SOS); 2. If SOS is satisfied, you are mailed NO commission and ID card; 3. $20.00 is mailed to the County Clerk by the SOS by the 10th day of the following month; 4. County Clerk keeps commission & signature on file. |
Can a person admitted to practice as an attorney within the state - who's office is in the state but resides out of the state - be a NP in New York State? | Yes. He is deemed a resident of the county where he maintains the office. |
Any felony convictions of illegal weapons, making/possessing burglar equipment, buying/receiving/possession of stolen property, unlawful entry, aiding prison escape, possession/distribution of narcotics and violating the Selective Draft Act. Vagrancy and prostitution unless executive pardon or cert of good conduct is given. | |
What are the reasons to be suspended or removed from NP commission? | |
Where can any NP file his signature and certificate of official character and who issues it upon request? | The office of the County Clerk in any county in the state ($10.00 filing fee) and in any registers office. The SOS and the County Clerk can issue a certificate of official character for a fee paid by client. |
What are the fees associated with issuance of Certificate of Official Character? |