New York’s notary system is known for its detailed regulations and requirements. Applicants must pass a state-administered exam, and notaries are bound by strict adherence to New York laws regarding notarial acts. New York also allows for remote online notarization (RON), enabling notaries to perform notarizations virtually. This guide will walk you through New York’s notary requirements for both new applicants and those renewing their commissions.
1. Requirements to Become a Notary in New York
Becoming a notary public in New York involves meeting specific eligibility criteria and following a defined process. Here's how to get started:
Eligibility Criteria
Before you begin the application process, ensure you meet the following criteria:
- You must be at least 18 years old.
- You must be a resident of New York or work within the state.
- You must be a U.S. citizen or have legal status in the U.S.
- You must be able to read and write English.
- You cannot have any felony convictions unless your rights have been restored.
Step 1: Complete the Notary Application
In New York, you must complete a notary public application available through the New York Department of State’s website. If you are a non-resident, you must provide proof of employment within the state.
Step 2: Pass the Notary Exam
New York requires all new notary applicants to pass a state-administered notary exam. The exam tests applicants on their knowledge of notary laws and procedures in New York.
Step 3: Pay the Application Fees
The fee for becoming a notary in New York is $60 for a four-year term. This fee must be submitted with your application.
Step 4: Take the Oath of Office
Once your application is approved, you must take an Oath of Office before a county clerk or other authorized official in the county where you live or work.
Step 5: Purchase Your Notary Seal
After your oath is administered, you must purchase a notary seal that meets New York’s legal requirements. The seal must include your name, the words "Notary Public," "State of New York," and your commission expiration date.
Step 6: Receive Your Commission Certificate
After completing all the necessary steps, you will receive your commission certificate from the New York Department of State, confirming your official status as a notary public.
Frequently Asked Questions (FAQ) For New Notaries
1. How long does it take to become a notary in New York?
The processing time typically ranges from 4-6 weeks after submitting your application and passing the exam.
2. Where do I submit my notary application in New York?
Applications must be submitted to the New York Department of State’s office after passing the notary exam and completing the required forms.
3. What happens if I fail the notary exam?
If you fail the notary exam, you may retake it. The state offers several opportunities throughout the year to pass the exam.
4. Do I need to maintain a notary journal in New York?
New York does not legally require notaries to maintain a journal, but it is highly recommended. A journal helps protect you from liability and provides a record of your work.
2. Requirements for Notary License Renewal in New York
In New York, notary commissions are valid for four years, after which you must renew your license to continue performing notarial acts. Here’s what you need to know about renewing your commission:
Step 1: Submit Your Renewal Application
Renewal applications must be submitted through the New York Department of State. You will need to provide proof of your current notary status and complete the renewal forms.
Step 2: Pay the Renewal Fees
The renewal fee is $60 for another four-year term, which must be submitted with your renewal application.
Step 3: Take a New Oath of Office
Upon approval of your renewal application, you must take a new Oath of Office before a county clerk or authorized official in the county where you live or work.
Step 4: Update or Replace Your Notary Seal
If your notary seal has become worn or no longer meets state requirements, you will need to purchase a new one. Ensure the updated seal includes your renewed commission expiration date.
Frequently Asked Questions (FAQ) For Renewing Notaries
1. What happens if my notary commission expires before I renew?
If your commission expires, you must stop performing notarial acts immediately. You will need to reapply and complete the full application process again.
2. Can I perform remote notarizations in New York?
Yes, New York allows for remote online notarization (RON). You must register with the state and use state-approved technology platforms that comply with New York’s remote notarization requirements.
3. What fees can I charge for notarial services in New York?
New York law allows notaries to charge reasonable fees for their services. Fees must be agreed upon with the client in advance.
4. What should I do if my notary seal or journal is lost or stolen?
If your notary seal or journal is lost or stolen, you must notify the New York Department of State immediately. You will need to order a new seal and report any lost or stolen entries from your notary journal.