What is the NY Notary? NY NotaryGlossary & Key Terms
The New York Notary Public Exam is a state-administered test, given by the New York Department of State, that an applicant must take and pass to qualify for a notary public commission. It verifies readiness to serve as an impartial witness to signings and deter fraud during a four-year term of commission.
- 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.
- 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.
- 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.
- 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.
- 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.
- Personal Knowledge
- A notary's own familiarity with a signer that is sufficient to positively identify that person without documentary evidence.
- 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.
- Personal Appearance
- The requirement that the signer be physically present before the notary at the time of notarization; a notary may not notarize a signature otherwise.
- 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.
- Notary Journal
- A record book in which the notary logs each act — the date and time, type of act, type of document, name and address of each signer, and the identification method used.
- Official Seal
- The notary's stamp or embosser — typically showing the notary's name, the words "Notary Public," the commissioning state, and the commission expiration date — which the notary must keep under exclusive control.
- 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.