The New York notary public exam is a written multiple choice test administered by the Department of State with a 1-hour time limit. DOS does not publish the number of questions or a passing percentage: results come back as passed or failed only. That opacity makes focused preparation essential. Candidates who fail tend to miss the same short list of statutory rules.
Is the New York notary exam hard?
The exam is demanding. It draws from a large body of statute: Executive Law article 6 (the core notary law), related provisions of the Real Property Law, Public Officers Law, Judiciary Law, Penal Law, Banking Law, and the 19 NYCRR Part 182 electronic notarization rules. Because DOS does not publish the pass mark, you cannot calculate a minimum score to aim for. You need solid coverage of all six topic areas: getting and keeping your commission, general terms and definitions, powers and duties, acknowledgments and proofs, electronic and remote notarization, and conduct, advertising and penalties.
Mistake 1: underweighting electronic and remote notarization
The electronic notarization category carries the most weight of any single topic. It spans two bodies of rule: Executive Law 135-c (the remote notarization statute) and 19 NYCRR Part 182 (the administrative rules). Candidates who treat this section as a footnote lose the most points.
Four facts the exam tests directly:
- An electronic notary must register with the Secretary of State the capability of performing electronic notarial acts. An ordinary notary commission does not include this automatically.
- An electronic notarial act requires the notary to be physically present in New York. The signer can be remote; the notary cannot.
- The audio-video recording of a remote notarization must be retained for at least 10 years from the date of the transaction (Executive Law 135-c; 19 NYCRR 182.8(b)).
- “Communication technology” under the statute means an electronic device or process that allows simultaneous communication by sight and sound. Platforms that do not support both are not compliant.
The 10-year retention figure is the most frequently missed number in this category. Candidates who estimate or carry over a shorter figure from another state answer this incorrectly.
Mistake 2: misreading the residency and office rule
The commissioning rules contain a nuance that catches many candidates. At the time of appointment an applicant must either reside in New York or maintain an office or place of business in the state. That office requirement continues after appointment:
- If a nonresident notary ceases to maintain any office or place of business in New York, they vacate the office as a notary public.
- If a resident notary moves out of state but keeps a New York office, the commission continues.
- If a resident notary moves out of state and closes the New York office, the commission also ends.
The exam also tests what happens when a non-resident accepts appointment: by accepting, the notary appoints the Secretary of State as the person on whom legal process can be served on the notary’s behalf. This is a frequently tested procedural detail from Executive Law 130.
Mistake 3: glossing over the conviction bar
A prior criminal conviction bars appointment unless the Secretary of State makes a specific finding, consistent with Correction Law article 23-A, that the conviction is not a bar. This applies to convictions in any jurisdiction, including other states and territories. Many candidates know that a criminal record can affect eligibility but miss the key procedural detail: the bar can be removed only by a Secretary finding, not automatically.
Even where a waiver or favorable finding is possible, the final appointment is in the discretion of the Secretary of State. No combination of qualifications guarantees an appointment.
Mistake 4: misapplying the exam exemption
Most applicants must sit the written examination, but two groups are exempt:
- An attorney admitted to practice in New York State who is a current member of the bar
- Certain court clerks of the Unified Court System appointed through the relevant civil service promotional examination
Candidates sometimes apply these exemptions too broadly. Attorneys admitted only in other states, paralegals, and legal assistants are not exempt. Both exempt groups still pay the application fee.
Mistake 5: getting penalty classifications wrong
The conduct and penalties category covers criminal offences that can result from notarial misconduct. The statutory classifications are tested as direct recall items:
- Forgery in the second degree under Penal Law 170.10 is a class D felony.
- The validity-despite-defects provision of Executive Law 142-a keeps certain documents legally effective even when a notarial defect exists, but it does not relieve a notary of criminal liability for an unlawful act.
Candidates who treat penalty questions as low-stakes drop unnecessary points here. Knowing the specific felony classification and the scope of the defects rule is enough to answer these correctly.
How to avoid these mistakes
Working through the statutory text directly, rather than relying on summaries, closes most of the gap. Five specific habits make a difference:
- Treat 19 NYCRR Part 182 as a full study block equal to the Executive Law. It carries the most exam weight.
- Memorize the key numbers: 10-year AV recording retention, 1-hour exam time, $15 examination fee, $60 commission application fee, 4-year commission term.
- Know all three residency scenarios: resident who keeps a NY office (continues), resident who loses the NY office (vacates), nonresident who loses the NY office (vacates).
- Drill the conduct and penalties section. Forgery as a class D felony is a frequent exam item.
- After each practice sitting, revisit every category where you answered incorrectly and work those questions before the next full attempt.
The official source materials are published by the New York Department of State at dos.ny.gov/notary-public-license-law-0. Each retake requires another $15 examination fee. Thorough preparation on the five areas above is the most direct way to avoid that cost.