New York Notary Public Law
A complete overview of Article 6 of the New York Executive Law — governing eligibility, authorized acts, prohibited conduct, and commission requirements for all New York notaries public.
Article 6 of the New York Executive Law
New York notary public law is codified in Article 6 of the New York Executive Law (Sections 130–148). This statute governs every aspect of the notary appointment process — from eligibility and examination requirements through authorized acts, prohibited conduct, fees, and grounds for removal. Any person who regularly works with notarized documents in New York should have a working understanding of this legal framework.
Notary public appointments are made by the New York Secretary of State. The Department of State (DOS) maintains the official registry of all commissioned notaries and is the primary regulatory authority. Consumers can verify any notary’s commission status through the DOS online registry at any time.
New York notaries must file their oath of office and official signature with the county clerk of the county in which they reside or maintain their principal place of business. This filing must occur before the notary performs any notarial act — and failure to do so renders subsequent acts legally questionable.
Who Can Become a New York Notary Public?
New York law sets clear minimum standards for notary public applicants. Meeting all criteria is required before an application will be processed by the Department of State.
Mandatory Requirements
- Must be at least 18 years of age at time of application
- Must be a resident of New York State, or have a principal office or place of business in New York
- Must be a U.S. citizen or a permanent resident alien
- Must pass the New York notary public written examination administered by the Department of State
- Must not have been convicted of a felony (unless civil rights have been fully restored by a Certificate of Relief)
Attorney Exemption: Attorneys admitted to the New York State Bar are exempt from the examination requirement and may apply directly for a notary commission upon admission.
The Application Process
Qualified applicants submit an application to the Department of State along with the examination score and the required filing fee. Upon approval, the commission certificate is issued and the notary must file their oath and signature with their county clerk before performing any acts.
Notary commissions run for four years from the date of issue. Renewal applications should be submitted prior to the commission expiration date to avoid any gap in authority. A notary whose commission has lapsed has no legal authority to perform notarial acts until a new commission is issued.
What a New York Notary Is Legally Permitted to Do
- 01
Take Acknowledgments
A notary may take acknowledgments of deeds, mortgages, conveyances, and other written instruments — confirming that the signer appeared, was identified, and acknowledged the instrument as their voluntary act.
- 02
Administer Oaths & Affirmations
New York notaries are authorized to administer oaths and affirmations in all matters where an oath is legally required — including affidavits, depositions, and sworn witness statements.
- 03
Take Affidavits & Depositions
Notaries may take and certify affidavits and depositions for use in legal and judicial proceedings, including sworn statements for court filings and government agency submissions.
- 04
Certify Protests of Negotiable Instruments
A notary may certify the dishonor of negotiable instruments such as bills of exchange and promissory notes, creating a legal record that the instrument was presented for payment and refused.
Important: A New York notary public is expressly prohibited from providing legal advice, drafting legal documents, or practicing law in any capacity unless they hold a separate license as a New York State attorney. Doing so constitutes the unauthorized practice of law and exposes both parties to significant legal liability.
New York’s RON Framework
New York formally adopted Remote Online Notarization, allowing notarial acts to be performed via two-way audio-visual communication technology under specific statutory requirements.
Approved RON Platforms
Only platforms approved by the New York Department of State may be used for RON. These platforms must meet specific technical standards for identity verification and session recording.
Identity Verification
RON requires multi-factor identity proofing — including credential analysis of the signer’s government ID and knowledge-based authentication — before the notarial session may begin.
Session Recording
The entire RON session must be recorded and retained by the notary or the platform for a minimum period prescribed by New York regulations, creating a verifiable audit trail.