NY Notary Appointment
New York Notary Appointment
Qualifications for Commission
To become a New York notary, the applicant must:
- Be at least 18 years old
- Be a person of good moral character
- Be a resident of New York or have an office or place of business in New York
- Have the equivalent of a “common school education”
- Not have been convicted of a crime, unless the Secretary of State makes a finding in conformance with all applicable statutory requirements
- Pass an examination
The New York Notary Exam
All first-time notary applicants, and previously commissioned applicants whose commissions have lapsed (expired) for more than six months, must complete and pass the written exam proctored by the Department of State’s Division of Licensing Services. The written exam is designed to satisfy the Secretary of State that an applicant for a New York notary commission is familiar with the duties and responsibilities of a notary public. The exam is made up of multiple choice questions on the terms and rules in the NPLL. An applicant must score 70 percent to pass the exam.
The Secretary of State may waive the exam for current notaries seeking to renew their commission, for attorneys licensed to practice law in New York, and for court clerks of the Unified Court System who were appointed after taking the Civil Service exam.
A nonrefundable exam fee of $15 must be paid when the exam is taken.
You can view the upcoming exam schedule online at https://dos.ny.gov/notary-public.
The Notary Application
The New York notary application form can be downloaded from the state’s website. The application should not be submitted until the applicant has passed the exam.
A completed application, 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.
Oath of Office
Applicants for a New York notary commission must take their completed application to a commissioned notary, who will administer the oath of office and notarize the application.
Application Approval
Once a notary commission application has been approved, the new commission is mailed to the respective county clerk, with the new notary’s signature and original oath of office.
Notary ID Card
Within 4-6 weeks of submitting their application, the notary will receive an identification card which shows the notary’s name, address, county, and commission term.
Jurisdiction
New York notaries may perform notarial acts throughout the state of New York.
A notary commissioned in New York may not perform notarial acts outside of the state of New York. All parts of a notarization must be performed in the same time and the same place within the state of New York.
Commission Term
New York notaries are appointed for four years. Each commission term begins on the date specified by the Department of State, and ends at midnight on the commission expiration date.
Reappointment
A renewal application will be sent to the notary about 60 days prior to their commission expiration date. The renewal application must be submitted to the county clerk.
Once the application for reappointment is approved, the notary will receive a notary identification card for the new commission term.
Change of Address
A notary must inform the Secretary of State of any change in address or email address within five days of the change, and pay a fee of $10.
A notary who moves outside of New York but still maintains an office within the state may retain their notary commission.
A nonresident New York notary who ceases to maintain an office or place of business within the state vacates their office as a notary public. A notary who moves their residence outside of the state, and who does not have a business address within the state, will also vacate the office of a notary public.
Change of Name
If a notary changes their name, the notary must inform the Department of State within five days of the change, and pay a fee of $10. The notary does not have to pay the $10 fee if the name change is the result of a change in marital status.
Resignation
To resign, a notary should submit a written notice to the Department of State or the county clerk where the notary was commissioned or filed their certificate of official character.
If the resigning notary has a notary seal, the notary seal should be destroyed.
Publicly Employed Notaries
Each county clerk is required to designate at least one member of their staff to act as a notary public. The notary will be available in each county clerk’s office to notarize documents for the public during normal business hours. No fees may be collected for notarial acts performed by a publicly employed notary public.
Notary Surety Bond
New York notaries are not required to obtain a surety bond.
Notaries have unlimited financial liability for any and all damages caused by their mistakes or misconduct in performing notarial acts. If a person is financially injured by a notary’s negligence or failure to properly perform a notarial act, the injured party may sue the notary in civil court. The notary may be ordered to pay all resulting damages, including attorney’s fees. This is why it is so important that a notary public purchase Notary Errors and Omissions (E&O) Insurance.
Reasonable Care
Notaries must act responsibly and exercise reasonable care in the performance of their notarial duties. Reasonable care is the degree of concern and attentiveness that a person of normal intelligence and responsibility would exhibit.
If a notary fails to exercise reasonable care, the notary may be subject to a civil lawsuit. However, if a notary can show to a judge or jury that they did everything expected of a reasonable person, then the judge or jury is obligated by law to find the notary blameless and not liable for financial damages.
Complying with New York law is the first rule of reasonable care. If there are no statutory guidelines in a given instance, the notary should use common sense and prudence.
Notary Errors and Omissions (E&O) Insurance
Notary E&O Insurance protects notaries who are involved in claims or sued for damages resulting from unintentional notarial errors and omissions.
In the event of a claim or a lawsuit, the insurance company will pay for the notary’s legal counsel and absorb any damages, up to the policy limit. Notary E&O Insurance does not protect notaries for fraudulent, dishonest, or criminal acts or misconduct.