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