Secretary of State — as many as deemed best; statewide jurisdiction

Must be a NY resident or have an office/place of business in NY at time of appointment

1) Attorneys admitted in NYS, 2) Court clerks of the Unified Court System appointed after a Civil Service promotional exam in the court clerk series

Secretary of State must be satisfied of good moral character, common school education equivalent, and familiarity with duties — unless attorney or court clerk

Bars appointment unless Secretary makes finding per Correction Law Article 23-A that conviction is not a bar

Attorney with NYS law office may be notary even if living in an adjoining state; deemed resident of county where office is

Resident who moves out of state but keeps a NY office: does NOT vacate. Nonresident who loses NY office: vacates.

Nonresident accepting office appoints Secretary of State as agent for service of process

Secretary of State may remove for misconduct, but must serve charges and give opportunity to be heard first

Administer oaths/affirmations; take affidavits & depositions; receive/certify acknowledgments/proofs of deeds, mortgages, powers of attorney; demand acceptance/payment of bills of exchange, notes; protest for non-acceptance/non-payment

May administer oath/take affidavit/acknowledgment for their own clients in any matter — at their discretion

Liable to injured parties for ALL damages from misconduct in performing powers

Max $0.75 for protest + $0.10 per notice (max 5). Seal must be affixed free of charge when requested.

Solemnize marriages (§11 Domestic Relations Law); certify copies of public records; administer oath to themselves; delegate notarial powers to anyone

May administer oath, take affidavit or acknowledgment on Sunday. Cannot take a deposition on Sunday in a civil proceeding.

CPLR Rule 3113 — notary may take depositions in civil proceedings (not on Sunday)

Unless an attorney, notary may NOT give legal advice, draft wills, deeds, mortgages, leases, contracts, pleadings, powers of attorney, affidavits, incorporation papers, or any legal papers

May NOT solicit or accept legal business to send to a lawyer for compensation or fee-splitting

May NOT claim powers or rights not granted by law. Foreign-language ads must include disclaimer: "I am not an attorney…"

Illegal. Personal, physical appearance before the notary is required (except authorized electronic notarization)

Notary who is a party to or directly and pecuniarily interested in a transaction CANNOT act as notary for that transaction

Notary must NOT execute an acknowledgment of a will — it is NOT equivalent to an attestation clause

§135-a: holding yourself out as a notary without being one = misdemeanor; fraud in office = misdemeanor

§170.10 — falsely making/completing/altering a deed, will, contract, public record, etc. with intent to defraud. Class D felony — up to 7 years

§175.40 — public servant issues official certificate knowing it contains false info, intent to defraud. Class E felony — up to 4 years

§195.00 — unauthorized act or knowingly failing to perform duty, with intent to obtain benefit or injure another. Class A misdemeanor — up to 1 year

Acting before filing oath; fraud/deceit in office (§135-a); phone acknowledgments; refusing to officiate when requested; unlawful practice of law (§485)

§195.00: officer before whom oath may be taken is BOUND to administer it when requested — refusal is a misdemeanor

Willful false statement under oath on a material matter — requires an unequivocal, present act consciously taking on the obligation

§135-b: up to $1,000 civil penalty; 2nd violation = suspension; 3rd violation = removal from office

"Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?" (Bookman v. City of NY)

"Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?"

Person must personally appear before notary; must expressly assent (say "I do" or equivalent); must be an unequivocal, present, conscious act

Notary must know or have satisfactory evidence the person is the one described in and who executed the instrument (§303). Not required that person sign in notary's presence.

Witness must state place of residence (city: street + number); must know the person who executed; notary must be personally acquainted with witness or have satisfactory evidence of identity

§69: No fee for administering oath to legislators, military officers, inspectors of election, clerks of the poll, or public officers/employees

Acknowledgment = identity + execution of document. Affidavit = administration of an oath to the affiant about the truth of statements.

Notary must register capability with Secretary of State before any electronic notarial act; $60 fee

Electronic notary must be physically in New York at time of electronic act — regardless of where signer is

Signer may be anywhere; if outside U.S., record must relate to U.S. court/government entity or U.S. property/transaction

Requires ALL THREE: (1) identity verification via communication tech, (2) credential analysis by third party, (3) identity proofing by third-party service

Must record entire audio-video session; retain for at least 10 years; must NOT include personally identifiable info display

Must be: unique to notary, capable of independent verification, retained under notary's sole control, attached to record, linked so alterations are detectable

No notary or business may exclusively require electronic notarization — traditional notarization must remain an option

Notary may refuse electronic act if not satisfied principal is competent or signature is knowing and voluntary

Must use network that permits location detection; no device/process may hide actual location during electronic act

All notarial records (not just video) must be kept for at least 10 years

Rental fee unpaid or lease terminated + at least 30 days notice given to lessee

Must be present when bank opens the box; notary inventories contents

Must file certificate (under seal) with lessor stating: date of opening, name of lessee, list of contents

Copy of certificate must be mailed to lessee at last known address within 10 days of opening

Must sign name as commissioned; print/stamp in black ink below signature: name, "Notary Public State of New York," county of qualification, commission expiration date

NY law does NOT require a seal. If used, must identify notary and authority. Minimum: name + "Notary Public for the State of New York."

May continue under commissioned name; if using married name, add married name in parentheses after old signature for remainder of term

Member of religious order known by a non-secular name may be appointed and officiate under that name

§534: Each county clerk must designate at least ONE staff notary to notarize free of charge during business hours; those appointees are exempt from exam/application fees

Notary may take acknowledgments/proofs anywhere in the state; county clerk authentication is NO longer required to record in NY (only needed outside NY)

§10 Public Officers Law: notary may administer oath of office to a public officer

Past notarial acts are not invalid due to: ineligibility, misnomer, failure to file oath, expired commission, or acting outside jurisdiction — UNLESS the person knew of the defect or it was apparent on the face of the certificate. After 6 months, this protection applies regardless.

§138: Notary who is stockholder/director/officer/employee of a corp may take acknowledgments for that corp — UNLESS the notary is personally a party to the instrument being acknowledged

§333: Recording officers cannot record conveyances not in English, unless accompanied by certified English translation