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New York Notary Law Guide

Sources: NY Executive Law Art. 6 (§§130–138), 19 NYCRR Part 182, NY DOS Notary Public License Law & DOS FAQ. Educational summary — not legal advice.

📓 Journal / recordkeeping — 19 NYCRR §182.9
Since January 25, 2023, every NY notary — traditional and electronic — must keep a journal of each notarial act, made contemporaneously with the act, and retain it for at least 10 years.

Each record must include:

  • The date, time, and type of each notarial act;
  • The name and address of each individual for whom the act was performed;
  • The number and type of services provided;
  • The type of credential used to identify the principal, including the names of any witnesses and their credentials;
  • The verification procedures used for the personal appearance;
  • For electronic acts: the communication technology, certification authority, and verification providers used.

Records may be kept in any retrievable format, including electronically, and may be stored by a third party if safeguarded through a password or other secure means. They must be producible to the Secretary of State.

19 NYCRR §182.9

🪪 Identifying the signer — 19 NYCRR §182.5
  • A current government-issued photo ID bearing the signer's signature; or
  • Two current documents bearing the signer's signature issued by an institution or government; or
  • The notary's personal knowledge of the individual; or
  • The oath of one credible witness who knows both parties, or of two witnesses who are properly identified; or
  • For remote notarization of an unknown signer: credential analysis and identity proofing by a third party.

19 NYCRR §182.5; Exec. Law §135-c

💵 Fees you may charge — Exec. Law §§135–136
  • $2.00 — administering an oath or affirmation;
  • $2.00 per person — taking an acknowledgment or proof of execution;
  • Up to $25.00 per electronic notarial act, plus $2.00 for a certificate of authenticity;
  • Protests: 75¢ plus 10¢ per notice (max 5).

Charging more than the statutory fee is misconduct. The app warns you if an entry exceeds the cap.

Exec. Law §§135, 136; 19 NYCRR Part 182

📜 Your commission — Exec. Law §§130–131
  • Term: 4 years, commissioned by the Secretary of State.
  • Renewal through the county clerk / DOS; §182.10 addresses reapplication within 90 days of expiration.
  • NY attorneys and certain court clerks are exam-exempt.
  • Name/address changes must be reported ($10 fee; waived for marital-status changes).

Exec. Law §§130, 131; 19 NYCRR §182.10

💻 Electronic & remote notarization — Exec. Law §135-c
  • Separate registration with the Secretary of State is required before performing electronic notarial acts.
  • The notary must be physically within New York State during the act.
  • Requires real-time audio-video communication (sight and sound).
  • The recording of every session must be kept at least 10 years (§182.8).

Exec. Law §135-c; 19 NYCRR §§182.2–182.8

🚫 Prohibited acts & penalties
  • No notarization without the signer's personal appearance.
  • No notarizing documents in which you have a financial or beneficial interest.
  • Non-attorneys may not give legal advice or advertise as attorneys (§135-b).
  • Penalties: removal from office; official misconduct (Penal Law §195.00); issuing a false certificate (Penal Law §175.40, Class E felony); forgery (Penal Law §170.10, Class D felony).

Exec. Law §§135, 135-a, 135-b; Penal Law; Judiciary Law §484