Notary public (New York)
From Wikipedia, the free encyclopedia
Notaries public in New York are commissioned by the Secretary of State of New York after passing a short examination in law and procedure.[1] A notary's commission is received from and kept on file with the county clerk of the county in which they reside or do business, but notaries are empowered to actually perform their duties anywhere in the state.
Notaries must be residents of the state or have a business in the state. Attorneys at law may automatically be appointed notaries simply by submitting the filing fee. By a quirk of New York law that bars them from holding any other office, sheriffs may not be appointed notaries.(§13(a) of Article XIII of the Constitution of the State of New York.)[2]
New York notaries are empowered to administer oaths and affirmations (including oaths of office), to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest these (that is, certify them) for non-acceptance or non-payment. (Executive law, §135) Notaries have no other powers: notably (as emphasized by official publications) they may not certify copies of documents (for instance, "I hereby certify that this is a true and correct copy...," is something beyond the authority of a New York State notary); nor can they prepare legal documents, offer any advice, or review documents for legality (even offering an opinion as to whether a document needs notarization is considered to be "practicing law without a license" in New York); and they may not solemnize marriages. Further, notaries in New York are specifically warned not to notarize last wills and testaments: in New York, wills must be attested to by two witnesses (who need not be notaries), and a will witnessed by a notary is not thereby validated, a source of confusion for many people.
New York does not require that notaries use an official seal or stamp - the embossed seal illustrated above is, in fact, now a decorative addition to a document rather than a requirement of law, and is itself insufficient for a notarization. New York notaries may write in black ink, or may stamp with a rubber stamp, the required information for notarization: their name; the words "Notary Public, State of New York"; the county in which they are qualified (that is, the county in which the county clerk holds their original certificate and signature card); the county which additional signature certificates are filed (done for convenience of authenticating their notarizations); the date that the notary's commission expires (commissions are renewed every four years); and, only if qualified in New York City (the counties of The Bronx, Richmond, Kings, Queens and New York) a registration number. This information, with the notary's signature and the date and place of notarization are required for a legal notarization.
John Doe Notary Public, State of New York Qualified in Bronx County No. 12345 My commission expires January 1, 20....
A typical layout for a notary's rubber stamp, for use beneath the notary's signature.
Notaries may charge fees (the maximum is $2), but many choose to waive them (for instance, for clients and customers of their other services; for example, many banks have notaries on duty to serve their depositors for free). Each county clerk also has a notary on duty in the clerk's office to serve the public at no charge.
New York has another official similar to a notary, a commissioner of deeds.
