Sourced from the official booklet. We base everything on the Department of State's Notary Public License Law (September 2026 edition). Rules and fees can change, so confirm with the NY Department of State before you act.
1. Appointment and eligibility
The Secretary of State appoints notaries for a 4-year term, and they have statewide jurisdiction. You must live in New York or have an office or place of business there. Applicants need good moral character, the equivalent of a common school education, and familiarity with a notary's duties, which the exam tests. Attorneys admitted in NY are exempt from the exam. A criminal conviction bars appointment unless the Secretary finds, under the Correction Law, that it should not. Sheriffs may not be notaries. You must take and file the oath of office before acting: acting without it is a misdemeanor.
2. Powers, and what you may not do
Notaries administer oaths and affirmations, take affidavits and depositions, take acknowledgments and proofs, and protest notes. Unless you are a lawyer, you may not:
- give legal advice or draft legal papers (wills, deeds, leases, contracts, powers of attorney and so on);
- take referral money from or split fees with lawyers;
- claim powers you don't have.
Also: no marriages, no certified copies, and no acknowledgments of a will's execution. Foreign-language ads need the not-an-attorney disclaimer and may not use terms like "abogado."
3. Acknowledgments, oaths and affidavits
An acknowledgment certifies identity and execution. The signer may sign beforehand but must appear in person. An affidavit needs an oath that the signer answers with "I do"; just handing the notary a signed affidavit is not enough. A jurat is the "sworn to before me" clause, not the affidavit itself. Offer an affirmation to anyone who objects to an oath. Nothing can be done by telephone. See jurat vs acknowledgment.
4. Identifying signers
Use one of: a current government ID with photo and signature; two current signed documents; personal knowledge; one witness known to both you and the signer; or two witnesses with ID. ID requirements in detail.
5. Conflicts of interest
You may not act if you are a party to the transaction or directly and financially interested in it. An acknowledgment taken by an interested notary is a nullity. Corporate employees may notarize for their corporation unless they are signing the document themselves.
6. Signature, stamp and records
Below your signature, in black ink, add your name, "Notary Public State of New York", the county where you qualified and your expiration date. NYC-qualified notaries also add their official number, and the number is required on every instrument with an oath. A seal is not required. Keep a contemporaneous record of every act for 10 years. Record rules.
7. Fees
The fee is $2 per oath and $2 per person for an acknowledgment. An electronic act is $25. Overcharging can bring prosecution, treble damages and removal. All fees.
8. Changes, renewal and misconduct
Report a change of name, address or e-mail within 5 days (the fee is $10). You can renew within 90 days before expiry, and the exam may be waived if you renew on time or within 6 months after. Falsely certifying an acknowledgment is a class D felony, issuing a false certificate is a class E felony, and official misconduct is a class A misdemeanor. Renewal.
9. Electronic notarization
You must register first (the fee is $60) and be physically in NY during the act. Remote signers are verified by identity verification, credential analysis and identity proofing. Keep the recording for 10 years. E-notary guide.