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Notary Requirements for New York: 2025 Updated

Taughannock Falls State Park in New York

This guide explains becoming a Notary Public in New York State and renewing a commission, based on official New York State government sources as of May 2025. It covers requirements, application, electronic notarization (RON), and renewal.

Eligibility Requirements

Applicants must meet these criteria:

  • Residency or Business Location: Be a New York State resident or have an office/place of business in New York State.

  • Age and Education: Be at least 18 years old, of good moral character, with the equivalent of a “common school” education.

  • Language: Sufficient English proficiency to understand laws and pass the exam.

  • Criminal History: Generally, no felony convictions unless an executive pardon or Certificate of Relief from Disabilities/Good Conduct is obtained. Certain misdemeanors may also disqualify. Disclosure is mandatory.

  • Understanding of Duties: Familiarity with Notary Public License Law, typically shown by passing the exam.

  • Exam Exemption: NY-licensed attorneys and certain court clerks of the Unified Court System are exempt from the exam but not the application fee.

No explicit citizenship requirement exists if other criteria are met.

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Application Process for a New Notary Commission

Administered by the Department of State (NYSDOS), Division of Licensing Services.

  1. Study and Prepare for Exam: Review the Notary Public License Law (available from NYSDOS). No specific course is mandated, but preparation is key.

  2. Schedule and Pass the NY Notary Exam: (Attorneys and qualified court clerks exempt).

    • Format: Walk-in, proctored, multiple-choice, one hour, English. Offered statewide.

    • Fee: $15.00 (check or money order at site).

    • Bring: Government-issued photo ID.

    • Passing: Typically 70%. Results mailed as "pass" or "fail." Pass slips are valid for 2 years. Retakes allowed with fee.

  3. Complete Notary Public Application and Oath of Office: Preferably online via NY Business Express portal.

    • NY Business Express Account: Create or use an existing NY.gov ID.

    • Oath of Office Form (DOS-2201): Download from NYSDOS. Sign before an existing notary or authorized official (get it notarized). Scan the completed form as a PDF for upload.

    • Fill Out Application: On Business Express, select “Notary Public Commission (DOS-0033)” – choose Traditional or Electronic Notary. Enter personal info, exam pass slip details (if applicable), or attorney/court clerk info. Answer background questions truthfully. Upload the notarized Oath of Office PDF.

  4. Pay Application Fee: $60.00, payable online by credit card or e-check.

  5. Submission & Await Approval: Submit electronically. Track status on NY Business Express. NYSDOS reviews application, exam results, and oath.

  6. Commission Issuance & ID Card: Upon approval, NYSDOS emails a printable PDF ID card as proof of commission (no traditional paper certificates). This card shows name, address, county, and commission term/expiration.

  7. Filing with County Clerk: NYSDOS forwards your commission info, original oath, and signature to the appropriate County Clerk (your home or business county). You do not need to file separately. The County Clerk records your commission.

Surety Bond

New York does not require Notary Public applicants to obtain a surety bond. Optional Errors and Omissions (E&O) insurance is a personal choice.

Notary Seal and Journal Requirements

Recent changes (effective January 2023) affect these.

Notary Seal or Stamp – Not Mandatory:

  • New York law does not require notaries to use an official seal or stamp. Authentication can be by handwritten signature and required notarial wording.

  • Required Notarial Information (must appear on document): Whether using a stamp or not, the notary must print, type, or stamp below their signature:

    1. Notary’s name.

    2. “Notary Public, State of New York.”

    3. Name of the county where qualified.

    4. Commission expiration date.

    5. Official ID number (if assigned by county clerk).

  • Most NY notaries use a rubber stamp for convenience and compliance. An embosser alone is insufficient if text isn't reproducible.

  • Lost/Stolen Seal: No formal state reporting procedure. Prudent to replace; authority comes from commission, not seal.

Notary Journal – Now Mandatory:

  • Effective January 25, 2023, all NY notaries must keep a journal of all notarial acts.

  • Format: No specific format mandated, but must be a secure, sequential record. A bound, numbered paper journal or a secure electronic journal is recommended.

  • Entries (Traditional Notarizations): Date/approximate time, type of act, name/address of principal (signer), type of ID presented (or personal knowledge/credible witness details), and fee charged.

  • Entries (Electronic/Remote Notarizations): Additionally, note communication technology platform used, credential analysis/identity proofing services, and include an audio-video recording of the session.

  • Retention: Retain journal records (and audio-video recordings for RON) for at least ten years from the date of the act. Records are subject to inspection.

Oath of Office and Commission Filing Requirements

  • Executing the Oath: The Oath of Office (form DOS-2201 or part of application) must be signed before a notary or other authorized official (notarized) and submitted with your application and fee.

  • County Clerk Filing: After NYSDOS approves your application, they send your commission details, original oath, and signature to your County Clerk. The County Clerk records your commission and signature. You are then "qualified." No separate in-person oath at the county clerk's office is typically needed after this initial filing with the state.

  • Oath for Renewals: A new, notarized Oath of Office must be submitted with each renewal application.

Commission Term and Expiration

  • Term Length: 4 years from date of issuance.

  • Renewal Cycle: Renew every 4 years. NYSDOS mails a reminder ~90 days before expiration.

  • Renewal "Grace Period" (for application): Must renew within 6 months after expiration to avoid re-examination. This does not permit notarizing during the lapse.

  • Lapsed Commissions: If over 6 months past expiration, treated as a new applicant (exam required).

  • Resignation/Early Termination: No formal resignation process. Can inform NYSDOS by letter. Commission becomes invalid if NY residence/business is lost.

Commission Renewal Process

Renew online via NY Business Express.

  1. When to Renew: Start 90 days before expiration. Must submit within 6 months after expiration to avoid re-testing.

  2. Renewal Notification: NYSDOS mails reminder ~3 months prior.

  3. Renewal Application (Online):

    • Log into NY Business Express, find your notary record, select "Renew."

    • Confirm/update information.

    • Upload a new, completed, and notarized Oath of Office form.

  4. Pay Renewal Fee: $60.00 online.

  5. No Exam for Timely Renewals: If renewed before expiration or within the 6-month grace period after, no exam needed.

  6. Approval and New Commission: NYSDOS emails new ID card with new 4-year term. State forwards updated info to county clerk.

  7. Continuing to Notarize: Do not notarize after expiration until renewal is approved and new commission is effective.

Remote Online Notarization (RON)

Effective January 2023, NY notaries can perform RON if registered as an "Electronic Notary."

  • Electronic Notary Registration: Apply via NY Business Express (select "Electronic Notary"). Existing notaries can upgrade; new notaries can apply directly. If upgrading, the traditional commission is replaced by a new e-notary commission number. Standard $60 fee applies.

  • Exemplar Submission: After e-notary registration, submit an electronic exemplar (sample) of your digitized handwritten signature and electronic seal to NYSDOS via your online account.

  • Technology Standards: Notary must use a RON platform compliant with NY law and 19 NYCRR Part 182 regulations (secure audio-video, identity proofing, credential analysis, tamper-evident documents). NYSDOS does not pre-approve specific vendors.

  • Performing RON:

    • Notary Location: Must be physically in New York State.

    • Signer Location: Can be anywhere (if outside U.S., document must be for U.S. use or related to U.S. proceeding/property).

    • Identity Verification: Personal knowledge; OR multi-factor ID (government ID via camera + credential analysis + identity proofing like KBA); OR credible witness (identified via same online process).

    • Ceremony: Conducted via live, clear two-way audio-video. Signer electronically signs. Notary applies electronic signature and seal. Certificate must state it was a remote notarization.

    • Audio-Video Recording: Mandatory. Retain for 10 years along with electronic journal.

  • "Papering Out": To create a recordable paper copy of an electronically notarized document, the notary prints it and executes a separate certificate of authenticity (a traditional notarization by the same notary, $2 fee).

  • RON Fees: Up to $25.00 per electronic notarial act performed remotely. For traditional in-person acts, the fee remains $2.00.

Official Resources

  • New York Department of State – Notary Public License Information: dos.ny.gov/notary-public.

  • Notary Public License Law (NYS DOS): Official compilation of statutes.

  • NYS DOS Notary Public FAQs: Answers common questions, including electronic notary rules.

  • NY Business Express Portal: businessexpress.ny.gov for online applications/renewals.

  • NYS DOS Contact: (518) 474-4429 or licensing@dos.ny.gov.

Frequently Asked Questions (FAQs)

Q: Can a person convicted of a criminal offense become a notary public in New York?

A: Generally, felony convictions are disqualifying unless a pardon or Certificate of Relief/Good Conduct is obtained. Serious misdemeanors may also disqualify. Full disclosure on the application is required.

Q: Who is exempt from taking the New York notary examination?

A: Attorneys admitted to practice in NY and certain NY Unified Court System clerks appointed via promotional exam.

Q: Is a notary public required to have a seal or stamp in New York?

A: No, a seal/stamp is not mandatory. However, specific information (name, "Notary Public, State of New York," county qualified, expiration date, ID number) must be printed, typed, or stamped below the notary's signature. Most use a stamp for this.

Q: Do I need to keep a journal of my notarial acts?

A: Yes, effective January 25, 2023, all NY notaries must keep a journal for all notarial acts, retained for at least 10 years. Electronic notaries have additional recording requirements (audio-video).

Q: How do I change my name or address on my notary commission?

A: Submit a Change Notice form (DOS-1473) and $10 fee to NYSDOS. For name changes, provide proof (e.g., marriage certificate). Continue signing with your commissioned name until renewal for the new name to take effect.

Q: How can I get a duplicate of my notary ID card or commission certificate if I lost it?

A: Submit a Duplicate License/Registration Request form and $10 fee to NYSDOS.

Q: How much can a notary public charge for their services in New York?

A: Max $2.00 per person per act for traditional notarizations. Max $25.00 per act for remote electronic notarizations. Travel fees by private agreement.

Q: What does it mean that notaries are commissioned in a county? Can I notarize outside my county?

A: Your commission is filed in one county for record-keeping, but your jurisdiction is statewide. You can notarize anywhere in NY.

Q: I am a commissioned notary. How do I become authorized to do Electronic Remote Notarization?

A: Register as an "Electronic Notary" via NY Business Express. This involves an application, a new Oath of Office, the standard $60 fee, and subsequent submission of an electronic signature/seal exemplar. Your traditional commission will be superseded by the new e-notary commission number.

Always refer to official NYSDOS resources for the most current information.