Notaries public

Notary public

A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...

in New York

New York

New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

 are commissioned by the Secretary of State of New York

Secretary of State of New York

The Secretary of State of New York is a cabinet officer in the government of the U.S. state of New York.The current Secretary of State of New York is Cesar A...

 after passing a short examination in law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 and procedure. 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.

Requirements

Notaries must be residents of the state or have a business in the state. Attorneys at law may automatically be appointed notaries simply by submitting the filing fee. Someone who is a commissioner or inspector of elections may also be a notary. One designated employee of the county clerk may be appointed a notary without taking the test. 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 can not be licensed as a notary in New York. These include a non-citizen, someone who neither has 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 convicted draft dodgers. The New York Notary Association provides training and exam preparation at http://www.NotaryPublicNewYork.com. By a quirk of New York law that bars them from holding any other office, sheriff

Sheriff

A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

s may not be appointed notaries.

Powers

New York notaries are empowered to administer oath

Oath

An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...

s and affirmation

Affirmation in law

In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...

s (including oaths of office

Oath of office

An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...

), to take affidavit

Affidavit

An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...

s and deposition

Deposition (law)

In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...

s, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing. Notaries may also demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing. Finally, they can witness the opening of a safe deposit box.

Notaries have no other powers: notably (as emphasized by official publications) they may not certify copies of documents (for instance, "I hereby certify that this is a true and correct copy...," is something beyond the authority of a New York State notary) However, a notary may sign a form of affidavit on a copy where the document's custodian him/herself signs and swears to the authenticity of the document (usually a government issued picture ID). This can suffice as a "notarized copy" in most instances, but is not a certified copy. A Notary cannot prepare legal documents, offer any advice, or review documents for legality (even offering an opinion as to whether a document needs notarization is considered to be "practicing law without a license" in New York); and they may not solemnize marriages. Further, notaries in New York are specifically warned not to notarize last wills and testaments: in New York, wills must be attested to by two witnesses (who need not be notaries), and a will witnessed by a notary is not thereby validated, a source of confusion for many people. An attorney who is also licensed as a Notary Public may notarize a persons signature to a will, thereby rendering it recordable.

Seal or stamp

New York does not require that notaries use an official seal or stamp - the embossed seal illustrated above is, in fact, now a decorative addition to a document rather than a requirement of law, and is itself insufficient for a notarization. New York notaries may write in black ink, or may stamp with a rubber stamp, the required information for notarization: their name; the words "Notary Public, State of New York"; the county in which they are qualified (that is, the county in which the county clerk holds their original certificate and signature card); the county which additional signature certificates are filed (done for convenience of authenticating their notarizations); the date that the notary's commission expires (commissions are renewed every four years); and, only if qualified in New York City (the counties of The Bronx, Richmond, Kings, Queens and New York) a registration number. This information, with the notary's signature and the date and place of notarization are required for a legal notarization.

John Doe

Notary Public, State of New York

Qualified in Bronx County

No. 12345

My commission expires January 1, 20....

A typical layout for a notary's rubber stamp, for use beneath the notary's signature.

Notaries may charge fees (the maximum is $2), but many choose to waive them (for instance, for clients and customers of their other services; for example, many banks have notaries on duty to serve their depositors for free). Each county clerk also has a notary on duty in the clerk's office to serve the public at no charge.

New York has another official similar to a notary, a commissioner of deeds

Commissioner of deeds

A Commissioner of Deeds is an officer having authority to take affidavits, depositions, acknowledgments of deeds, etc., for use in the state by which the person is appointed...

.