How long is a New York notary public commission?
4 years Executive Law §130 sets the term of a New York notary commission at 4 years. You then apply for reappointment before it runs out.
Who can be appointed a New York notary public without taking the written exam?
An attorney admitted to practice in New York Attorneys admitted to practice in New York, and certain court clerks of the Unified Court System, are exempt from the exam. Everyone else must pass it.
You’re a notary, and you’re the mortgagee (the lender) on a mortgage. The borrower asks you to take their acknowledgment on it. What should you do?
Refuse, because you have a financial interest in the transaction A notary who is a party to, or has a financial interest in, a transaction is disqualified from acting on it. New York courts have treated acknowledgments taken by an interested notary as a nullity.
In an acknowledgment, what is the notary mainly certifying?
That the signer is who they claim to be and declared they signed the document An acknowledgment is a formal declaration by the person who signed a document that the signature is their act and deed. The notary certifies the signer’s identity and that declaration.
A client signed a deed at home yesterday and brings it to you today for an acknowledgment. What does New York require?
They must appear before you in person and acknowledge that they signed it For an acknowledgment, it isn’t essential that the person sign in the notary’s presence. They must personally appear, be identified, and acknowledge that they signed it.
A caller asks you to take their acknowledgment over the phone because they can’t come in. What is the rule in New York?
It’s illegal, and the notary would be guilty of a misdemeanor Taking an acknowledgment over the telephone, without the person actually appearing before you, is illegal. The booklet says a notary who does it is guilty of a misdemeanor.
Someone about to sign an affidavit says they won’t swear an oath for reasons of conscience. What should you do?
Administer an affirmation instead An affirmation is a solemn declaration for people who decline to take an oath. It is legally equivalent to an oath and just as binding.
What is a jurat?
The part of an affidavit where the notary certifies it was sworn to before them A jurat is the part of an affidavit where the officer certifies that it was sworn to before them. It is not the affidavit itself. A common form is “Sworn to before me this ___ day of ___, 20__.”
A notary needs a sworn statement of her own for a court matter. Can she swear herself in and sign the jurat?
No, a notary can’t administer an oath to herself The booklet says plainly that a notary public cannot administer an oath to himself or herself. She needs another notary or authorized officer.
A signer you don’t know appears in person. Which of these is satisfactory evidence of identity under New York rules?
A current driver’s license with their photo and signature A government ID counts if it’s valid and current, has the bearer’s photo, an accurate physical description where applicable, and the bearer’s signature. A current driver’s license fits.
How long must a New York notary keep the records of their notarial acts?
At least 10 years Under 19 NYCRR §182.9, all notaries must keep records of their notarial acts, and must retain them for at least ten years.
A signer has no ID, and you don’t know them. Which of these can still give you satisfactory evidence of identity in person?
The oath or affirmation of a witness who personally knows both you and the signer New York lets you rely on the oath or affirmation of one witness personally known to both you and the signer, or of two witnesses who know the signer and show proper ID.
Under Executive Law §137, which of these does NOT have to appear beneath a New York notary’s signature?
The notary’s home address Beneath their signature, in black ink, a notary must print, type or stamp their name, the words “Notary Public State of New York,” the county where they originally qualified and the commission expiration date. A home address isn’t required.
Does New York law require a notary to use an embossed seal?
No, New York doesn’t require a seal The laws of New York do not require notaries to use seals. If a notary chooses to use one, it should identify the notary, their authority and jurisdiction.
On a notarial certificate, what does the venue show?
The geographic place where the notary took the affidavit or acknowledgment The venue is the geographic place where the notary takes the affidavit or acknowledgment, usually written as “State of New York, County of ___ ss.:”. Section 137 makes including it a duty.
What is the most a New York notary may charge for administering an oath or affirmation (not an electronic act)?
$2 Executive Law §136 sets the fee for administering an oath or affirmation at $2. Taking an acknowledgment is also $2 per person.
A neighbor asks you, a notary who isn’t a lawyer, to draw up a simple will for them. What should you do?
Decline, because drafting a will is the practice of law Unless they are a lawyer, a notary may not practice law. The booklet lists wills among the legal papers a notary may not draw up.
A New York notary, not a lawyer, advertises notary services in Spanish. What must the ad include?
A statement, in Spanish, that they are not an attorney and can’t give legal advice Executive Law §135-b requires a non-attorney notary who advertises in another language to post, in that language, a statement that they are not an attorney licensed to practice law and may not give legal advice.
What is an affiant?
The person who makes and signs an affidavit An affiant is the person who makes and subscribes their signature to an affidavit. Deponent is used in much the same way.
Can a New York notary public issue a certified copy of a birth certificate?
No, a notary has no authority to issue certified copies A certified copy is a copy of a public record certified by the official who keeps the original. The booklet says a notary public has no authority to issue certified copies.