Who has the authority to appoint and commission notaries public in New York?
Based on: Executive Law 130(1)
New York Notary Exam · Commission
New York Notary Exam Practice Questions: Getting Your Commission (2026)
To become a New York notary you apply to the Secretary of State, who appoints and commissions notaries under Executive Law 130 for a four-year term. You must be a New York resident or have an office or place of business in the state, satisfy the Secretary of good moral character, the equivalent of a common school education and familiarity with notary duties, and submit a non-refundable $60 application fee with your oath of office under Executive Law 131. The written exam costs $15 per attempt under 19 NYCRR 182.11. Attorneys admitted in New York and qualifying court clerks skip the qualifying inquiry.
Practice
Free practice questions
What is the term of a New York notary public's appointment?
Based on: Executive Law 130(1)
How far does a New York notary public's jurisdiction extend?
Based on: Executive Law 130(1)
What does the law say about the form of a notary public application?
Based on: Executive Law 130(1)
At the time of appointment, what residency or business connection must a notary public applicant have?
Based on: Executive Law 130(1)
When a non-resident accepts the office of notary public in New York, whom does the law treat as the person on whom process can be served for the notary?
Based on: Executive Law 130(1)
A New York resident notary moves out of state but still maintains an office in New York. What happens to the commission?
Based on: Executive Law 130(1)
A nonresident notary stops maintaining any office or place of business in New York. What is the effect on the commission?
Based on: Executive Law 130(1)
A resident notary moves out of New York and keeps no office or place of business in the state. What is the result?
Based on: Executive Law 130(1)
Before issuing a commission to a typical applicant, of what must the Secretary of State be satisfied?
Based on: Executive Law 130(1)
Eligibility, the exam and the application
Executive Law 130 puts the whole appointment in the hands of the Secretary of State, who may commission as many notaries as in his or her judgment may be deemed best. At the time of appointment the applicant must be a resident of New York or have an office or place of business in the state; a non-resident who accepts the office thereby appoints the Secretary of State as the person on whom process can be served. Unless the applicant is an attorney admitted in New York or a court clerk of the Unified Court System appointed after a Civil Service promotional examination, the Secretary must be satisfied of good moral character, the equivalent of a common school education and familiarity with notary duties. A criminal conviction, in New York or any other state, bars appointment unless the Secretary makes a finding conforming to Correction Law article 23-A that it is not a bar. Even then, appointment is always in the Secretary's discretion.
- Application fee: $60, non-refundable, submitted together with the application (Executive Law 131).
- Written exam fee: $15 per attempt, payable on the date of the examination (19 NYCRR 182.11).
- The oath of office, executed before a person authorised to administer an oath, goes in with the application (Executive Law 131).
The four-year term, reappointment and what ends a commission
The commission runs four years, and jurisdiction is co-extensive with the boundaries of the state. Once appointed, you receive an identification card showing your name, address, county and commission term, and the Secretary transmits your commission and oath, with $20 apportioned from the fee, to the county clerk of your county by the 10th day of the following month. Reappointment works through the county clerk: you submit the application, oath and another non-refundable $60 fee, the clerk issues the commission, and $40 goes back to the Secretary of State. Under 19 NYCRR 182.10 you may apply for reappointment within 90 days of expiration, and Executive Law 130 lets the qualifying requirements be waived if you apply before expiry or within six months after it, or within one year of a military discharge under conditions other than dishonorable. Residence is the trap the exam sets here: a resident notary who moves out of state but keeps a New York office does not vacate the office, while a non-resident who stops maintaining any New York office or place of business does. The Secretary may suspend or remove a notary for misconduct, but only after service of a copy of the charges and an opportunity to be heard, and a notary who fails to comply with 19 NYCRR part 182 is not eligible for reappointment.
| Item | New York rule (statute) |
|---|---|
| Application fee (new appointment) | $60, non-refundable (Executive Law 131(3)) |
| Written examination fee | $15 per attempt, paid on the day (19 NYCRR 182.11) |
| Fee to issue the commission itself | No further fee (Executive Law 131(3)) |
| Commission term | 4 years (Executive Law 130(1)) |
| Change of name or address | $10, non-refundable (Executive Law 131(12)) |
| Duplicate identification card | $10, stamped 'duplicate' (Executive Law 131(13)) |
| Certificate of official character | $1 from the Secretary of State (Executive Law 132) |
| County clerk authentication of a signature | $3 (Executive Law 133) |
FAQ
Frequently asked questions
Who appoints notaries public in New York?
The Secretary of State appoints and commissions notaries public for New York under Executive Law 130, and may appoint as many as in his or her judgment may be deemed best. The appointment is for a four-year term, and even when an applicant meets every requirement, granting the commission remains in the Secretary of State's discretion.
Can a non-resident become a New York notary?
Yes, provided the person has an office or place of business in New York State, under Executive Law 130. A non-resident who accepts the office thereby appoints the Secretary of State as the person on whom process can be served, and a non-resident notary who stops maintaining any New York office or place of business vacates the office.
How much does it cost to become a notary in New York?
The application fee is $60, non-refundable, submitted with the application to the Secretary of State under Executive Law 131, and no further fee is charged for issuing the commission. The written exam costs a separate $15 per attempt, payable on the date of the examination under 19 NYCRR 182.11. Reappointment through the county clerk costs another $60.
How long does a New York notary commission last, and how do I renew it?
A New York notary commission runs four years under Executive Law 130. You renew through your county clerk with a $60 fee and a fresh oath of office under Executive Law 131, and 19 NYCRR 182.10 lets you apply within 90 days of expiration. The qualifying requirements may be waived if you apply before expiry or within six months after it.
Does a criminal conviction stop me becoming a New York notary?
It bars appointment unless the Secretary of State makes a finding, conforming to Correction Law article 23-A, that the conviction is not a bar, under Executive Law 130. The rule covers convictions from New York or any other state or territory. Public Officers Law 3 also makes a conviction under the 1917 or 1940 federal draft acts a disqualification.
Can a New York notary be removed from office?
Yes. The Secretary of State may suspend or remove a notary for misconduct under Executive Law 130, but only after the notary has been served with a copy of the charges and given an opportunity to be heard. A removed New York City commissioner of deeds is never again eligible for the notary office, and signing as a notary after knowing of removal is a misdemeanor under Executive Law 140.