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Concept
Notary public (New York)
Summary
Notaries public in New York are commissioned by the Secretary of State of New York after passing a short examination in law and procedure and submitting an application for appointment accompanied by the proper fees. 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 public must be residents of the state or have an office or place of business in the state. Attorneys at law with the exception of taking and passing the initial, written notary examination, must follow the same appointment and re-appointment process as non-lawyers; lawyers are not automatically appointed as notaries because they are licensed as lawyers. Someone who is a commissioner or inspector of elections may also be a notary. County clerk employees may be appointed a notary without submitting the customary fees; however, the written examination is required. A state legislator may also be a notary, without any conflict of interest. Since the passage of the Married women's property acts in the mid-19th century, a married woman can be a notary.
Certain persons cannot be commissioned as a notary public in New York. These include a non-citizen, someone who has neither a residence nor a business in New York, a person convicted of certain felonies, a person removed from office as notary or commissioner of deeds, and a convicted draft dodger. The State Constitution prohibits (the) elected Sheriffs from holding any other office; sheriffs may not be appointed notaries. The collateral consequences of certain criminal conduct may be relieved upon the issuance of a certificate of good conduct by the parole board or an executive pardon by the governor.
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 proofs (of execution) of deeds, mortgages and powers of attorney and other instruments in writing.
Official source
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