New York State Notary Public Exam Study Guide
- Passing score
- 70%
- Exam fee
- $15
- Governing body
- New York Department of State
Who needs the written examination?
Most applicants must pass the written examination. New York attorneys and qualifying Unified Court System court clerks appointed after a qualifying Civil Service promotional examination are exempt from the written exam; application and fee requirements still apply.
The written exam fee is $15 and the commission application fee is $60. A standard commission lasts four years. Passing the test is a step in the application process, not permission to start notarizing before appointment.
Source: New York Department of State Notary Public License Law (March 2026), Executive Law §§131, 135-c, 137 and 19 NYCRR Part 182.
Role of notary
Understanding what a notary is anchors nearly every other exam topic. Almost every rule you'll study flows from this single idea.
An impartial witness who deters fraud
A notary public is a public officer commissioned by the state to serve as an impartial witness to signings and to deter fraud. Keep two words in mind: impartial and fraud. The notary is not a party to the transaction and does not take sides — they are there to confirm that a signing happened properly and to make fraud harder to commit.
When an exam question describes a situation, ask yourself: does the notary here remain a neutral witness, and does the act guard against fraud? If the scenario compromises either, the correct answer usually involves the notary declining or being prohibited from acting.
Acknowledgment vs jurat
The difference between an acknowledgment and a jurat is one of the most commonly tested notarial concepts. Confusing the two is an easy way to lose points, so learn the contrast precisely.
Acknowledgment
In an acknowledgment, the signer appears before the notary and declares that the signature is genuine and was made willingly. The signer does not have to sign in the notary's presence, and takes no oath. The notary is confirming the identity of the person and the voluntariness of an already-made (or now-made) signature.
Jurat
In a jurat, the signer must sign in the notary's presence and take an oath or affirmation that the statements in the document are true. A jurat is used for affidavits and sworn statements.
The memory hook
- Acknowledgment = "I acknowledge this is my signature." No oath, signing in presence not required.
- Jurat = "I swear this is true." Oath required, signing in presence required.
If a scenario involves swearing to the truth of contents (like an affidavit), think jurat. If it involves confirming a signature is genuine and willing, think acknowledgment.
Identify the person using a permitted method
For physical appearance, 19 NYCRR 182.5(b) allows qualifying valid current government photo identification, at least two qualifying current signed documents, personal knowledge, one sworn witness known to both signer and notary, or two sworn witnesses who know the signer and provide qualifying government identification.
An expired driver’s license does not meet the valid-and-current government-card option. Do not invent a grace period. Another method must independently satisfy the rule. For remote electronic appearance by someone not personally known to the electronic notary, follow the additional credential-analysis, identity-proofing and remote-presentation requirements in 19 NYCRR 182.5(c).
Keep the verification in the journal
Record which credential or procedure was used and the applicable witness details. If a companion supplies the answers or the signer appears pressured, resolve the identity, capacity and voluntariness concerns before completing the act.
Source: New York Department of State Notary Public License Law (March 2026), Executive Law §§131, 135-c, 137 and 19 NYCRR Part 182.
Appearance must follow the correct procedure
For ordinary acknowledgments and jurats, personal appearance is required. It may be physical or, for an authorized electronic act, through compliant communication technology. A mailed signature or ordinary telephone call alone is insufficient.
An electronic notary must be registered to perform electronic acts and physically located in New York. Identity verification, the electronic certificate, secure technology and required records still apply. An ordinary video call does not by itself satisfy these requirements.
Impartiality and legal advice
Do not act in a transaction in which you are a party or have a direct pecuniary interest. A non-attorney notary must not select legal instruments for a client or advise on their legal effect. If identity, capacity or voluntary execution cannot be established as required, do not proceed.
Source: New York Department of State Notary Public License Law (March 2026), Executive Law §§131, 135-c, 137 and 19 NYCRR Part 182.
Journal entries: record the act, not just the signature
Record the date, approximate time and type of act; names and addresses of persons served; number and type of services; identification credential type and applicable witness details; and appearance-verification procedures. Electronic acts also require technology and provider details. Retain records for at least ten years.
Make the record contemporaneously. Third-party record storage must be protected by a password or another secure access method. A signer’s signature in the journal is not one of the listed minimum fields in 19 NYCRR 182.9, and collecting it does not replace the required details.
Retention and electronic recordings
Notarial records must be retained for at least ten years. Electronic acts using audio-video communication also require the prescribed recording to be retained for at least ten years.
Optional seal versus required certificate information
New York does not require a notary seal. Required identifying information beside the signature must be printed, typed or stamped in black ink under Executive Law §137; an optional seal does not replace it.
Executive Law §137 requires the commissioned name, Notary Public State of New York, county of qualification and commission expiration beside the signature, with additional certificate-of-character information where applicable. Official number must be affixed to instruments requiring an oath or affirmation under 19 NYCRR 182.3(a)(4).
A stamp is a convenient way to apply identifying information, but calling every stamp field a mandatory seal requirement confuses two separate rules. Never let a colleague use your commission to perform their own acts.
Source: New York Department of State Notary Public License Law (March 2026), Executive Law §§131, 135-c, 137 and 19 NYCRR Part 182.
New York Notary flashcards
34 cards on the highest-yield terms and rules. Grading uses spaced repetition and saves in this browser.
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What is the New York notary examination fee?
$15.
What is the initial application fee for a New York notary commission?
$60.
How long is a New York notary public's term of commission?
Four years.
What is the fundamental role of a notary public?
A public officer commissioned by the state to serve as an impartial witness to signings and to deter fraud.
What distinguishes a jurat?
The signer must sign in the notary's presence and take an oath or affirmation that the statements are true; used for affidavits.
Acknowledgment vs. jurat: which requires an oath and signing in the notary's presence?
The jurat requires both an oath/affirmation and signing in the notary's presence; the acknowledgment requires neither.
How must a notary identify a signer?
Through personal knowledge or satisfactory evidence such as a current government-issued ID.
May a non-attorney notary give legal advice or prepare legal documents?
No. A non-attorney notary may not give legal advice, accept fees for legal advice, or prepare legal documents for others.
When must a notary refuse to perform a notarization?
When the signer appears coerced, does not understand the transaction, or cannot be properly identified.
Is a written exam required to become a New York notary public?
Yes. Applicants must take and pass the notary public examination.
What distinguishes an acknowledgment?
The signer declares the signature is genuine and made willingly; the signer need not sign in the notary's presence and takes no oath.
May a notary notarize a document in which they have a financial interest?
No. A notary must not notarize a document to which they are a party or in which they have a direct financial or beneficial interest.
What is a notary public's authority to perform notarizations outside New York State?
A New York notary's commission is valid only within New York State. Acts performed outside the state may not be recognized, though some jurisdictions may accept them based on reciprocity agreements.
Can a notary public execute their own documents?
No, a notary cannot notarize their own signature or documents. This prevents conflicts of interest and maintains the integrity of the notarial act.
What must a notary do if the signer appears to lack mental capacity?
The notary must refuse to perform the notarization. It is the notary's duty to ensure the signer understands the nature and consequences of the document being signed.
May a notary accept payment for performing notarial acts in New York?
Yes, a notary may charge reasonable fees for notarizations. New York law allows notaries to collect fees, though some acts (like taking affidavits from the poor on behalf of the state) must be performed without charge.
What must a notary verify before performing an acknowledgment?
The notary must verify the signer's identity through government-issued photo ID and confirm that the signer personally signed the document and understands its contents.
What is the difference between a certification and an acknowledgment?
An acknowledgment certifies that the signer executed a document in the notary's presence. A certification typically verifies that a copy is a true copy of an original document.
Can a notary perform a notarial act for a family member?
While not always prohibited, it is strongly discouraged due to potential conflict of interest. New York does not explicitly ban this, but it can undermine the credibility of the notarization.
What should a notary do if a signer refuses to sign the journal entry?
The notary should still record the details in the journal with a note that the signer refused to sign. Signature in the journal is preferred but refusal does not invalidate the notarization.
Can a notary refuse to perform a notarization based on their personal beliefs?
A notary may refuse if there is reasonable suspicion of fraud, forgery, or impropriety. However, refusing solely based on personal beliefs about the document's purpose is generally not permitted.
What is a notary's liability if they notarize a fraudulent document?
The notary is personally liable for damages caused by the fraudulent notarization. The notary's surety bond can be tapped to cover losses, and the notary may face criminal prosecution for complicity.
How should a notary document corrections or alterations made by the signer?
Corrections should be made before notarization. If the signer makes alterations, the notary should note the changes in the journal and the signer should initial the changes before the notary acknowledges the document.
What is the purpose of a notary's surety bond?
The surety bond protects the public by providing financial recourse if the notary commits misconduct or fraud. It ensures compensation for damages caused by the notary's improper acts.
Can a notary use an electronic signature and seal for notarizations in New York?
New York allows remote online notarizations (RON) under specific conditions. Electronic seals and signatures are permissible when the notary is commissioned to perform electronic notarizations and complies with all applicable requirements.
Can a notary notarize a signature if the signer is not present?
For ordinary acknowledgments and jurats, personal appearance is required. It may be physical or, for an authorized electronic act, through compliant communication technology. A mailed signature or ordinary telephone call alone is insufficient.
What information must a notary journal entry record?
Record the date, approximate time and type of act; names and addresses of persons served; number and type of services; identification credential type and applicable witness details; and appearance-verification procedures. Electronic acts also require technology and provider details. Retain records for at least ten years.
What must a notary's official seal contain, and how must the seal and journal be safeguarded?
New York does not require a notary seal. Required identifying information beside the signature must be printed, typed or stamped in black ink under Executive Law §137; an optional seal does not replace it. Executive Law §137 requires the commissioned name, Notary Public State of New York, county of qualification and commission expiration beside the signature, with additional certificate-of-character information where applicable. Official number must be affixed to instruments requiring an oath or affirmation under 19 NYCRR 182.3(a)(4).
What must a notary include in their official seal?
New York does not require a notary seal. Required identifying information beside the signature must be printed, typed or stamped in black ink under Executive Law §137; an optional seal does not replace it. Executive Law §137 requires the commissioned name, Notary Public State of New York, county of qualification and commission expiration beside the signature, with additional certificate-of-character information where applicable. Official number must be affixed to instruments requiring an oath or affirmation under 19 NYCRR 182.3(a)(4).
How long must a notary retain their journal records?
Notarial records must be retained for at least ten years. Electronic acts using audio-video communication also require the prescribed recording to be retained for at least ten years.
What is the penalty for notarizing a document while the notary's commission is inactive or expired?
Do not perform notarial acts after commission expiration until properly reappointed. Executive Law §142-a protects certain acts from automatic invalidity due to specified appointment defects; it does not authorize continued practice.
What constitutes a proper identification document for notarization purposes?
For physical appearance, 19 NYCRR 182.5(b) allows qualifying valid current government photo identification, at least two qualifying current signed documents, personal knowledge, one sworn witness known to both signer and notary, or two sworn witnesses who know the signer and provide qualifying government identification.
If a signer's ID is expired, can a notary still perform the notarization?
For physical appearance, 19 NYCRR 182.5(b) allows qualifying valid current government photo identification, at least two qualifying current signed documents, personal knowledge, one sworn witness known to both signer and notary, or two sworn witnesses who know the signer and provide qualifying government identification.
How should a notary handle a signer who does not speak English fluently?
The notary must be able to establish identity, capacity and voluntary execution under New York requirements. Do not assume a friend interpreting automatically resolves those duties.
New York Notary glossary
The New York Notary Public examination assesses the legal duties of a New York notary. Most applicants must pass the written examination. New York attorneys and qualifying Unified Court System court clerks appointed after a qualifying Civil Service promotional examination are exempt from the written exam; application and fee requirements still apply.
29 terms the New York Notary exam tests, defined in plain English.
- Acknowledgment
- A notarial act in which the signer declares that a signature is genuine and made willingly; the signer need not sign in the notary's presence and takes no oath.
- Adverse Interest
- A conflict of interest where a notary stands to gain financial or personal benefit from the outcome of a transaction. Notaries in New York cannot notarize documents where they have an adverse or beneficial interest in the transaction.
- Affiant
- A person who makes a written statement under oath or affirmation before a notary public. The affiant's sworn statement becomes an affidavit, which may be used as evidence in legal proceedings.
- Apostille
- A certification of the authenticity of a signature, seal, or stamp on a document that makes it valid in countries that are signatories to the Hague Apostille Convention. Some notaries may be asked to authenticate documents that require an apostille.
- Beneficial Interest
- A direct financial or beneficial stake in a transaction; a notary must not notarize a document in which the notary is a party or has such an interest.
- Certificate of Notarial Act
- Executive Law §137 requires the commissioned name, Notary Public State of New York, county of qualification and commission expiration beside the signature, with additional certificate-of-character information where applicable. Official number must be affixed to instruments requiring an oath or affirmation under 19 NYCRR 182.3(a)(4).
- Commission
- The official authorization granted by the state that allows a person to act as a notary public; in New York the term of commission is four years.
- Credible Identifying Witness
- For physical appearance, 19 NYCRR 182.5(b) allows qualifying valid current government photo identification, at least two qualifying current signed documents, personal knowledge, one sworn witness known to both signer and notary, or two sworn witnesses who know the signer and provide qualifying government identification.
- Deponent
- A person who makes an oath or affirmation, or who signs a document that is notarized. In a jurat, the deponent swears or affirms that the contents of the document are truthful and accurate.
- Ex Officio Notary
- A government official, such as a town clerk or judge, who is authorized to perform notarial acts by virtue of their position. These notaries do not need a separate notary commission but remain subject to notary laws and ethical requirements.
- Failure to Refuse
- A notary's failure to decline to perform a notarial act when legally required to do so, such as when personal knowledge or satisfactory evidence of identity cannot be established. This failure constitutes notarial misconduct.
- Incompetency
- A legal status in which a person lacks the capacity to understand the nature and consequences of their actions. A notary must not notarize documents for individuals who appear incompetent or unable to comprehend what they are signing.
- Jurat
- A notarial act, used for affidavits and sworn statements, in which the signer must sign in the notary's presence and take an oath or affirmation that the statements are true.
- Keeper of Records
- Notarial records must be retained for at least ten years. Electronic acts using audio-video communication also require the prescribed recording to be retained for at least ten years.
- Notarial Misconduct
- Improper performance of official duties, such as false certification or proceeding without the appearance or identification required for the particular act. Authorized electronic appearance must be distinguished from an absent signer.
- Notarization
- The official act performed by a notary public to authenticate the signature, oath, or execution of a document. Notarization adds credibility and legal validity to documents by confirming the signer's identity and willingness to sign.
- Notary Journal
- Record the date, approximate time and type of act; names and addresses of persons served; number and type of services; identification credential type and applicable witness details; and appearance-verification procedures. Electronic acts also require technology and provider details. Retain records for at least ten years.
- Notary Public
- A public officer commissioned by the state to serve as an impartial witness to the signing of documents and to help deter fraud.
- Oath / Affirmation
- A formal declaration that the statements in a document are true, required from the signer in a jurat; an affirmation is the equivalent for those who do not swear.
- Official Seal
- New York does not require a notary seal. Required identifying information beside the signature must be printed, typed or stamped in black ink under Executive Law §137; an optional seal does not replace it.
- Personal Appearance
- For ordinary acknowledgments and jurats, personal appearance is required. It may be physical or, for an authorized electronic act, through compliant communication technology. A mailed signature or ordinary telephone call alone is insufficient.
- Personal Knowledge
- A notary's own familiarity with a signer that is sufficient to positively identify that person without documentary evidence.
- Protest
- A notarial act that certifies a negotiable instrument (such as a check) was presented for payment but was dishonored or not accepted. A notary may prepare a protest document for certain financial instruments.
- Renewal of Notary Commission
- The process of extending a notary public commission for an additional term, typically every four years in New York. Notaries must apply for renewal, pay applicable fees, and meet all continuing education requirements.
- Satisfactory Evidence of Identity
- The proof a notary uses to positively identify a signer when the notary lacks personal knowledge — for example, a current government-issued identification document.
- Strangers Clause
- A provision in some states' notary laws prohibiting a notary from notarizing documents where neither the notary nor any other available witness is a disinterested third party. New York's requirements focus on the notary's own conflicts rather than requiring strangers present.
- Unauthorized Practice of Law
- Prohibited conduct in which a non-attorney notary gives legal advice, charges fees for legal advice, or prepares legal documents for others.
- Venue
- The jurisdiction or location where a notarial act is performed. On notary documents, the venue identifies the county where the notarization took place, which is important for determining the scope of the notary's authority.
- Witnessing a Signature
- The notarial act of observing a person sign a document and attesting to that signature. The witness verifies that the person who signed is the same person identified and that the signature was made voluntarily.
Frequently asked questions
Do I have to pass an exam to become a notary public in New York?
Most applicants must pass the written examination. New York attorneys and qualifying Unified Court System court clerks appointed after a qualifying Civil Service promotional examination are exempt from the written exam; application and fee requirements still apply.
What is the difference between an acknowledgment and a jurat?
They are two distinct notarial acts, and the exam expects you to tell them apart. In an acknowledgment, the signer declares that the signature is genuine and was made willingly; the signer does not have to sign in the notary's presence and takes no oath. In a jurat, the signer must sign the document in the notary's presence and take an oath or affirmation that the statements are true — jurats are used for affidavits and sworn statements. The key distinction: a jurat requires both an oath and signing in your presence, while an acknowledgment requires neither.
When must a notary refuse to perform a notarization?
For ordinary acknowledgments and jurats, personal appearance is required. It may be physical or, for an authorized electronic act, through compliant communication technology. A mailed signature or ordinary telephone call alone is insufficient.
What am I required to record in my notary journal, and what goes on my seal?
Record the date, approximate time and type of act; names and addresses of persons served; number and type of services; identification credential type and applicable witness details; and appearance-verification procedures. Electronic acts also require technology and provider details. Retain records for at least ten years. New York does not require a notary seal. Required identifying information beside the signature must be printed, typed or stamped in black ink under Executive Law §137; an optional seal does not replace it.
Sources
- 1.Notary Public Frequently Asked Questions — New York Department of State (accessed Sep 7, 2026)
- 2.New York Notary Public License Law, March 2026 — New York Department of State (accessed Sep 7, 2026)
Official sources
Primary documents used to verify the exam details shown on this page.
- New York Notary Public License Law, March 2026New York Department of Statedos.ny.gov
- NY Executive Law § 130 — Appointment of Notaries PublicNew York State Legislaturenysenate.gov
- Become a Notary PublicNew York Department of Statedos.ny.gov
- Renew or Update Notary Public LicenseNew York State Department of Statedos.ny.gov
- NY Executive Law § 136 — Notary Public; FeesNew York State Legislaturenysenate.gov
- NY Executive Law § 131 — Procedure of Appointment; FeesNew York State Legislaturenysenate.gov
- Notary Public Frequently Asked QuestionsNew York Department of Statedos.ny.gov
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