How to Become a Notary in New York
To become a notary in New York, you must:
- Meet the eligibility requirements listed in the next section.
- Download and print the Notary Public Oath of Office form.
- Sign the oath of office form in the presence of a New York notary public or a New York county clerk.
- Take the written exam at an exam center. NYS attorneys and Unified Court System court clerks are exempt from the examination. If you pass the exam, you will receive a pass slip in the mail. Click here to view the exam schedule.
- Scan your completed Notary Public Oath of Office form and notary public examination pass slip.
- Visit the New York Department of State’s website and create a NY Business Express account.
- Complete an online application, upload your completed Notary Public Oath of Office form and pass slip, and pay the $60 original traditional notary application fee.
Within four to six weeks of your application approval, you will receive an identification card stating your notary name, address, county, and commission term.
Who can become a notary public in New York?
To become a notary in New York, you must meet the following eligibility requirements:
- Be eighteen years of age or older.
- Be a citizen of the United States.
- Be a resident of the state of New York or work for a business located in New York.
- Have no felony convictions.
This New York notary guide will help you understand:
- Who can become a notary in New York.
- How to become a notary in New York.
- How to become an electronic notary in New York.
- The basic duties of a notary in New York.
How do I renew my notary commission in New York?
You can renew your notary commission in New York ninety days before the commission expiration date. You may renew your notary commission online at the New York Secretary of State’s website through the online licensing system. To renew, follow the steps below:
- Sign in or create a NY.gov account.
- Find your notary record.
- Go to “My Dashboard” to start your renewal.
- Submit a completed notary renewal application along with the $60 fee within six months of your expiration date.
Once your application is approved, you will receive a new identification card from the New York Secretary of State.
Who appoints notaries in New York?
The secretary of state appoints, commissions, and regulates notaries public in New York. Applicants who wish to become New York notaries must submit their notary applications to the Department of State.
New York State Department of State
Division of Licensing Services
Notary Public
P.O. Box 22065
Albany, New York 12201-2065
(518) 474-4429
Can a non-resident of New York apply for a commission as a notary public?
Yes. Non-resident notary applicants employed by a business in New York may apply for a New York notary public commission. Non-resident notary applicants must meet the same eligibility requirements as New York resident notary applicants. A non-resident notary public who ceases to have an office or place of business in New York must vacate their office as a New York notary public.
How long is a notary public's commission term in New York?
The term of office of a New York notary public is four years. A notary cannot notarize documents after their notary commission expires without first renewing their notary commission with the department of state.
Is notary training or an exam required to become a notary or to renew a notary commission in New York?
Yes. First-time notary applicants must take and pass the NYS notary public examination. Notaries applying for reappointment are not required to take and pass another notary public examination.
Examination schedules are updated every two months and posted on the Department of State’s website. A “pass slip” will be mailed to those notary applicants who passed the examination. This slip must be uploaded when completing the notary application online.
An attorney and counselor at law duly admitted to practice in the state of New York or a court clerk of the Unified Court System who has been appointed to such a position after taking a Civil Service promotional examination in the court clerk series of title are not required to take and pass the examination.
How much does it cost to become a notary public in New York?
The cost to become a notary in New York includes:
- A fee to have your Notary Public Oath of Office form notarized.
- A $15 examination fee.
- A $60 filing fee for processing your notary application.
- A notary seal if a notary public wishes to authenticate an official act with a notary seal. Click here to order a notary stamp.
- A notary journal to record every notarial act performed. Click here to order a notary journal.
- An errors and omissions insurance policy to protect you if you are sued for unintentional mistakes or if a false claim is filed against you as a notary. (This policy is optional.)
Do I need a notary errors and omissions (E&O) insurance policy to become a notary in New York?
A notary errors and omissions insurance policy is not required to become a New York notary public or to renew your notary commission. However, the American Association of Notaries strongly recommends that every New York notary obtain a notary errors and omissions insurance policy. This insurance protects you if a client sues you as a notary. A notary errors and omissions insurance policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage a New York notary public selects.
Do I need a notary bond to become a notary in New York?
A notary bond is not required in New York to become a notary public or to renew your notary public commission.
Note: A notary public is liable to any person for damages that result from their negligence, errors, official malfeasance, or omissions. New York notaries are encouraged to purchase notary E&O insurance to insure themselves against such claims.
Do I need to order a notary stamp in New York?
No. You are not required to use a notary stamp when notarizing documents, but Executive Law §137 states the following:
- When exercising powers pursuant to Article 6, a notary public, in addition to the venue of the act and signature of such a notary public, shall print, typewrite, stamp, or affix by electronic means when performing an electronic notarial act in conformity with Executive Law §135(c), beneath their signature in black ink:
- The notary public's name
- The words "Notary Public State of New York"
- The name of the county in which such notary public originally qualified
- The expiration date of such notary public's commission
- Wherever required, the name of any county in which such notary public's certificate of official character is filed, using the words “Certificate filed in ........... County"
The American Association of Notaries offers quality notary stamps and seals at savings of up to 40% or more compared to the same products elsewhere. Click here to order your New York notary stamp, complete notary package, and other notary supplies.
What are the steps to replace a lost or stolen New York notary seal?
New York law does not address the steps to follow when a notary seal is lost or stolen. However, the American Association of Notaries recommends you report the incident to the New York Department of State and to your local law enforcement agency. After notifying the department of state, you may click here to order a new seal.
How much can a New York notary public charge for performing notarial acts?
New York notary fees are set by Executive Law §136. The maximum allowable fees that a New York notary public may charge for notarial acts are as follows:
- For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, $2.
- For taking and certifying the acknowledgment or proof of execution of a written instrument by one person, $2, and by each additional person, $2, for swearing each witness thereto, $2.
- An electronic notary public shall be entitled to a fee of $25 for each electronic notarial act performed, which shall be inclusive of all costs incurred by the notary public.
Is a notary journal required in New York?
Notary journal requirements for each type of notarization in New York:
For traditional notarizations and electronic/remote notarizations – All notaries, including those notaries who only provide traditional in-person notarizations, are required to keep a journal of all notarial acts performed. The notary journal can be maintained on a tangible medium or in an electronic format.
A notary journal (also known as a record book, log book, or register book) is your first line of defense in proving your innocence if a notarial act you performed is questioned or if you are requested to testify in a court of law about a notarial act you performed in the past. A properly recorded notarial act creates a paper trail that will help investigators locate and prosecute signers who have committed forgery or fraud. Properly recorded notarial acts provide evidence that you followed your state laws and notary’s best practices.
The American Association of Notaries offers notary journals in tangible and electronic formats.
Click here to purchase a tangible notary journal.
Click here to become a member and access our electronic notary journal.
What information must New York notaries record in their notary journals?
New York requires notaries to chronicle the following information in their notary journals:
• For Traditional Notarizations:
- The date, approximate time, and type of notarial acts performed.
- The name and address of any individual for whom a notarial act was performed.
- The number and type of notarial services provided.
- The type of credential used to identify the principal, including, for verification made where a notary relies on the oath or affirmation of two witnesses who identify themselves with a valid government issued ID and who know the document signer personally, the names of the witnesses and, if applicable, the type of credential used.
- The verification procedures used for any personal appearance before the notary public.
• For Electronic/Remote Notarizations:
- The date, approximate time, and type of notarial acts performed.
- The name and address of any individual for whom a notarial act was performed.
- The number and type of notarial services provided.
- The type of credential used to identify the principal, including, for verification made where a notary relies on the oath or affirmation of two witnesses who identify themselves with a valid government issued ID and who know the document signer personally, the names of the witnesses and, if applicable, the type of credential used.
- The verification procedures used for any personal appearance before the notary public.
- For electronic notarial acts, identification of the communication technology, certification authority, and verification providers used.
- An actual audio/video recording of the act.
What steps should I take if my New York notary journal is lost or stolen?
New York notary laws do not address this question. However, the American Association of Notaries recommends that you contact the appropriate law enforcement agency and the New York Department of State.
How long should I retain my New York notary journal?
You are required to retain your notary journal for at least ten years after the performance of the last notarial act.
Where can I perform notarial acts in New York?
As a New York notary public, you have statewide jurisdiction, which only allows you to perform notarizations if you are physically within the geographic borders of the state of New York [Executive Law §130(1)].
What notarial acts can a New York notary public perform?
A New York notary public is authorized to perform the following notarial acts (Executive Law §135):
- Receive and certify acknowledgments or proof of deeds, mortgages, powers of attorney, and other instruments in writing.
- Administer oaths and affirmations.
- Take affidavits and depositions.
- Demand acceptance or payment of foreign and inland bills of exchange, promissory notes, and obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country, may be exercised and performed by notaries public, provided that when exercising such powers the notary public shall set forth the name of such other jurisdiction.
- Open and inventory the contents of safe deposit boxes (Banking Law §335).
What kind of notarizations are allowed in New York?
New York law allows the following three types of notarizations.
Traditional notarization – This type of notarization requires the signer and the notary to meet physically in the same room, within face-to-face proximity of one another. Traditional notarization involves an individual signing a tangible document with an inked pen and a notary public signing and affixing an inked notary stamp impression to the tangible notarial certificate.
Electronic notarization (in person) – This type of notarization requires the signer and the electronic notary to meet physically in the same room within face-to-face proximity of one another. However, the notarization is performed on an electronic document using electronic signatures, an electronic notary seal, and an electronic notarial certificate.
Electronic notarization (remotely) - The signer appears before an electronic notary via audio-video communication technology. This method involves notarizing an electronic document and using an electronic signature, electronic notarial certificate, and electronic notary seal. The audio-video session must be recorded.
What are the steps to become an electronic notary in New York?
To become an electronic notary in New York, you must:
- Have an active traditional notary commission.
- Go to the New York State’s Business Express website and create a new account or log in to your existing NY Business Express account.
- Complete the online application.
- Submit a sample version of an electronically notarized document to the Department of State using your digital signature and certificate. This must not be a document notarized for a client.
Once your application to become an electronic notary public is approved, you will be issued a new registration number and expiration date. Your traditional commission will be surrendered, and you will now hold an electronic commission. Your electronic notary commission will authorize you to provide both electronic remote online notarial services and traditional notarial services.
How do I update my address on my New York notary commission?
If your address or email address changes, you must notify the Division of Licensing Services within five days of the change. To update your address, complete the “Change Notice” form and submit it with a $10 fee to the Division of Licensing Services.
If you’re a non-resident notary, you must also notify the Division of Licensing Services by completing a Change Notice form when your residential or business address changes. As a non-resident notary, if you cease to have an office or place of business in New York, you must vacate the office of notary public.
Click here to download the Change Notice form.
How do I change my name on my notary commission in New York?
If you change your name during your term as a New York notary public, you must notify the secretary of state within five days of the change by submitting a Change Notice form and a $10 filing fee. Along with the notice, you must submit an acceptable form of proof of the name change, like a court order, divorce decree, marriage certificate, driver’s license, non-driver’s ID card, valid passport, or immigration documents.
Note: the $10 filing fee is not required if a personal name change is the result of a marital status change.
Click here to download the Change Notice form.
Revised:
January 2024
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.
Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.