Becoming a notary public in New York requires passing a written examination before the Department of State will commission you. The exam is grounded in the Notary Public License Law, a set of enacted statutes and regulations that covers everything from how you earn your commission to the criminal penalties for forging an instrument. This guide draws on the official statutory text to explain who must sit the exam, what it covers, and what to expect.
Who needs to take the New York notary public exam?
Most applicants must pass the written examination. Two groups are exempt: attorneys who are current members of the New York State Bar, and certain court clerks of the Unified Court System who earned their position through a civil service promotional examination. Everyone else, regardless of professional background, must sit and pass the test.
Residency is also a factor: at the time of appointment, you must be a resident of New York State or have an office or place of business there. If you qualify as a non-resident, you still take the same exam, and by accepting the commission you designate the Secretary of State as the person on whom legal process can be served in your name.
What format is the exam and how much does it cost?
The exam is multiple choice, with one correct answer per question. You have 1 hour to complete it.
The fees set by the Department of State:
- Examination fee: $15, payable on the day of the exam
- Application fee: $60, non-refundable, to be commissioned
The Department of State does not publish the number of questions on the exam. It also does not publish a passing percentage: results come back as passed or failed only, with no numerical score. Any specific question count or cut-score figure you find online is unofficial.
What six topics does the exam cover?
DOS describes the exam as covering license law, general terms, and the duties and functions of a notary public. The enacted statutes break this across six areas:
- Getting and keeping your commission: who may be appointed, the residency requirement, the application process, taking the oath of office, the four-year term, reappointment, and what causes a commission to end.
- General terms and definitions: the statutory meanings of notary public, acknowledgment, oath, affirmation, affidavit, jurat, record, tangible document, electronic document, and the rules around identity verification and proofing.
- Powers and duties: what a notary may and may not do, administering oaths and affirmations, taking affidavits and depositions, the statewide jurisdiction, maximum fee limits, and the rules that disqualify a notary with a personal interest.
- Acknowledgments and proofs: taking acknowledgments and proofs of execution, the required certificate wording, establishing satisfactory evidence of identity, proof by a subscribing witness, and the notary stamp and signature.
- Electronic and remote notarization: registering as an electronic notary, electronic signatures and seals, remote notarization by audio-video communication under Executive Law 135-c, identity proofing standards, and the recording and its ten-year retention requirement under 19 NYCRR Part 182.
- Conduct, advertising and penalties: professional conduct requirements, advertising and disclosure rules for non-attorneys, prohibited acts, misconduct and removal from office, and the criminal offences under the Penal Law that apply to notaries.
What happens after you pass?
The Secretary of State appoints and commissions you as a notary public. The commission runs for 4 years and covers the entire State of New York: your jurisdiction is co-extensive with the boundaries of the state, not limited to any county or judicial district. At the end of the four years you can apply for reappointment.
If you change your name or address during your commission, you are required to notify the Department of State.
Where does the exam draw its content from?
The exam is grounded in the New York Notary Public License Law: Executive Law article 6 (sections 130 to 142-a) and the related provisions of the Real Property Law, Public Officers Law, Judiciary Law, Penal Law, CPLR, Domestic Relations Law, Banking Law, and County Law that notary practice incorporates. Electronic notarization rules come from Executive Law 135-c and 19 NYCRR Part 182. The full text is published by the Department of State at dos.ny.gov/notary-public-license-law-0 and is public domain.
This guide is an independent study aid. It is not affiliated with or endorsed by the New York Department of State or the State of New York.