To be appointed a New York notary public you must satisfy the eligibility requirements set out in Executive Law 130: residency or a New York business connection, good character, a basic education standard, and familiarity with notary duties. Attorneys and certain court clerks bypass most of those steps. Here is what the statute actually requires.
Who is eligible to become a New York notary public?
Any person who, at the time of appointment, is either a resident of New York State or a non-resident with an office or place of business in New York may apply. Non-residents who are appointed accept, by operation of law, that the Secretary of State will be the person on whom process may be served on their behalf within the state.
The Secretary of State holds the appointment authority. All commissions are issued by the Secretary, and every appointment is in the Secretary’s discretion even when all stated requirements are met.
What qualifications must a typical applicant meet?
Before issuing a commission to a standard applicant, the Secretary of State must be satisfied of three things:
- Good moral character: no specific test, but the Secretary reviews the application and any background the applicant discloses.
- Common school education equivalent: a basic literacy and numeracy standard, not a degree requirement.
- Familiarity with notary duties: an understanding of what the office involves, demonstrated by passing the written examination.
These requirements exist for most applicants. Two categories are exempt.
Do attorneys and court clerks need to take the exam?
No. Two categories of applicant are exempt from the good-moral-character, education, and familiarity inquiry and may be commissioned without sitting the written examination:
- Attorneys and counselors at law admitted to practice in New York State.
- Court clerks of the Unified Court System who were appointed after a relevant civil service promotional examination.
An attorney who maintains a law office in New York may also retain a notary commission even after moving to an adjoining state, as long as the law office remains in New York. A non-attorney notary who moves and no longer has any New York office or place of business vacates the commission automatically.
How does a criminal conviction affect eligibility?
A criminal conviction does not automatically bar appointment, but it does trigger a review. The Secretary of State may not appoint a person convicted of a crime unless the Secretary first makes a finding, consistent with Correction Law Article 23-A, that the conviction does not bar appointment. That article sets the framework for balancing rehabilitation, the nature of the offense, and the duties of the position. The final decision remains in the Secretary’s discretion.
What does the application and exam process involve?
The written examination is administered by the New York Department of State. Key official facts:
- Format: multiple choice, written
- Time limit: 1 hour (60 minutes)
- Examination fee: $15, paid on the date of the exam
- Application fee: $60, non-refundable, for the commission itself
- Pass or fail: DOS reports results as passed or failed only; no score or passing percentage is published
DOS does not publish the number of exam questions. The exam covers license law, general terms, and the duties and functions of a notary public, drawn from the Notary Public License Law (Executive Law article 6 and related statutes) and the Part 182 electronic notarization rules.
Once the exam is passed and the commission is granted, the notary must take the oath of office before a qualifying official. The commission then runs for four years from the appointment date, and can be renewed by reapplying before it expires or within six months of expiration (with the qualifying requirements waivable on renewal).
What can end or suspend a commission?
The Secretary of State may suspend or remove a notary for misconduct, but only after serving the notary with a copy of the charges and giving an opportunity to be heard. Commissions also end when:
- A resident notary moves out of state and stops maintaining any New York office or place of business.
- A non-resident notary stops maintaining any New York office or place of business.
The jurisdiction of a New York notary public extends statewide: the authority covers the full boundaries of the state, not just the county of appointment.
The full text of Executive Law 130 is publicly available through the New York Department of State.