A person who has never been appointed begins advertising the title of notary public so the public believes he is one. How does the law treat this conduct?
Based on: Executive Law 135-a(1) - Acting without appointment
New York Notary Exam · Penalties
New York Notary Exam Practice Questions: Conduct, Advertising and Penalties (2026)
New York polices its notaries through three layers of law. Executive Law 135-a makes acting as a notary without appointment punishable, and fraud or deceit in office a misdemeanor. Executive Law 135-b regulates advertising by non-attorney notaries, with a required disclaimer for non-English advertisements and a civil penalty of up to $1,000. The Penal Law then supplies the serious offences: issuing a false certificate is a class E felony, forgery in the second degree a class D felony, and official misconduct a class A misdemeanor. The exam expects you to match each offence to its classification and maximum sentence.
Practice
Free practice questions
Using a notary title in a language other than English to convey the impression that one is a notary, without having been appointed, has what consequence under the acting-without-appointment provision?
Based on: Executive Law 135-a(1) - Acting without appointment
Which two offices does the acting-without-appointment provision protect against impersonation?
Based on: Executive Law 135-a(1) - Acting without appointment
A notary, while performing official duties, practices fraud or deceit for which no other punishment is set by the notary statute. What offense is committed?
Based on: Executive Law 135-a(2) - Fraud or deceit in office
The fraud-or-deceit-in-office misdemeanor under the notary statute applies only when the wrongdoing occurs under what circumstances?
Based on: Executive Law 135-a(2) - Fraud or deceit in office
To whom do the advertising provisions of section 135-b NOT apply?
Based on: Executive Law 135-b(1) - Advertising rules and attorneys
The foreign-language advertising disclaimer and related restrictions of section 135-b are primarily aimed at which group of notaries?
Based on: Executive Law 135-b(1) - Advertising rules and attorneys
A notary who advertises notary services in a language other than English must post a notice in that same language. What must that notice state?
Based on: Executive Law 135-b(2) - Foreign-language advertising disclaimer
In what language must the disclaimer be posted when a notary advertises notary services in a language other than English?
Based on: Executive Law 135-b(2) - Foreign-language advertising disclaimer
Under the foreign-language advertising disclaimer, what does the required notice say about legal advice on immigration matters?
Based on: Executive Law 135-b(2) - Foreign-language advertising disclaimer
Advertising, the unauthorized practice of law and fees
The advertising rules exist because non-attorney notaries have historically been mistaken for lawyers, especially by immigrant communities. Executive Law 135-b, which does not apply to attorneys admitted in New York, requires a notary who advertises in a language other than English to post a notice in that same language stating that the notary is not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice. Foreign terms that imply attorney status, such as abogado, mandataire or procuratore under 19 NYCRR 182.1, are prohibited outright, and advertisement is defined broadly to cover business cards, brochures and notices in print or electronic form. A violation carries a civil penalty of up to $1,000, recoverable by the attorney general, with suspension available on a second violation and removal on a third, each only after service of the charges and an opportunity to be heard. Behind this sits the Judiciary Law: under section 484 only an admitted attorney may receive compensation for preparing deeds, mortgages or wills or for giving legal advice, violation is a misdemeanor under section 485, and the supreme court may additionally punish unlawful practice as a criminal contempt under section 750. Fee abuse has its own rules: Public Officers Law 67 bars charging more than the law allows or charging for a service not actually rendered, on pain of treble damages to the aggrieved person, and Public Officers Law 69 forbids any fee for administering the oath of office to a member of the legislature, a military officer, an inspector of election or a clerk of the poll.
- Holding oneself out as a notary without appointment, in any language, triggers the penalties of Executive Law 135-a(1).
- The advertising provisions of Executive Law 135-b do not apply to attorneys admitted in New York.
- A non-attorney notary may not give legal advice or draw legal papers for compensation (Judiciary Law 484).
The Penal Law offences and removal from office
The criminal ladder is a reliable source of exam marks because the classifications are so specific. Forgery in the second degree under Penal Law 170.10 covers falsely making, completing or altering instruments such as deeds, wills, contracts and public records with intent to defraud, deceive or injure another; it is a class D felony, and Penal Law 70.00(2) caps the maximum term at 7 years. Issuing a false certificate under Penal Law 175.40 is the offence closest to home for a notary: a public servant authorized to issue official certificates who issues one knowing it contains a false statement, with intent to defraud, deceive or injure, commits a class E felony with a maximum of 4 years. Official misconduct under Penal Law 195.00, the unauthorized exercise of official functions or the knowing failure to perform a duty, with intent to obtain a benefit or injure another, is a class A misdemeanor carrying a definite sentence of up to one year under Penal Law 70.15. Perjury under Penal Law article 210 falls on the affiant who knowingly swears falsely to a material matter, not on the notary who administered the oath. Administrative removal runs in parallel: the Secretary of State may remove a notary for misconduct such as making a misstatement of a material fact in the application or preparing and taking the oath of an affiant to a statement the notary knew to be false, always after notice and an opportunity to be heard, and Executive Law 142-a makes clear that its validity-saving rules never relieve a notary of criminal liability.
| Offence | Classification | Maximum penalty |
|---|---|---|
| Forgery in the second degree | Class D felony (Penal Law 170.10) | Up to 7 years (Penal Law 70.00(2)) |
| Issuing a false certificate | Class E felony (Penal Law 175.40) | Up to 4 years (Penal Law 70.00(2)) |
| Official misconduct | Class A misdemeanor (Penal Law 195.00) | Up to 1 year (Penal Law 70.15) |
| Fraud or deceit in office | Misdemeanor (Executive Law 135-a(2)) | Plus removal by the Secretary of State |
| Unlawful practice of law | Misdemeanor (Judiciary Law 485) | May also be punished as criminal contempt (Judiciary Law 750) |
| Advertising violation | Civil penalty (Executive Law 135-b(5)) | Up to $1,000; suspension on 2nd, removal on 3rd violation |
FAQ
Frequently asked questions
What happens if a New York notary commits fraud in office?
A notary who practices fraud or deceit in the exercise of the powers or performance of the duties of the office is guilty of a misdemeanor under Executive Law 135-a(2), where no other punishment is prescribed. The Secretary of State may also remove the notary from office for such misconduct, after notice and an opportunity to be heard.
Can a New York notary give legal advice or prepare legal documents?
Not unless the notary is also an admitted attorney. Judiciary Law 484 bars a non-attorney from receiving compensation for preparing deeds, mortgages, wills or codicils or for appearing as attorney for another, and violation is a misdemeanor under Judiciary Law 485. The supreme court may additionally punish unlawful practice of law as a criminal contempt under Judiciary Law 750.
What are the advertising rules for New York notaries who are not attorneys?
Under Executive Law 135-b, a non-attorney notary who advertises services in a language other than English must post a notice in that same language stating that the notary is not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice. Foreign terms implying attorney status, such as abogado, are prohibited under 19 NYCRR 182.1. Attorneys admitted in New York are exempt from these rules.
What is the penalty for a New York notary advertising violation?
A civil penalty of up to $1,000, recoverable in an action by the attorney general, under Executive Law 135-b(5). The Secretary of State may suspend the notary on a second violation and remove the notary from office on a third, in each case only after the notary has been served with a copy of the charges and given an opportunity to be heard.
What crime does a New York notary commit by signing a certificate they know is false?
Issuing a false certificate under Penal Law 175.40: a public servant authorized to issue official certificates who issues one knowing it contains a false statement, with intent to defraud, deceive or injure another, commits a class E felony, punishable by up to 4 years under Penal Law 70.00(2). Falsely making or altering a public record can instead be forgery in the second degree, a class D felony under Penal Law 170.10.
Who commits perjury when a notarized affidavit turns out to be false?
The affiant, not the notary. Under Penal Law article 210, perjury is committed by the person who, after taking an oath or affirmation, knowingly makes a false statement on a material matter they do not believe to be true; the notary's role is administering the oath. A notary who knowingly takes the oath of an affiant to a false statement, however, faces removal by the Secretary of State under Executive Law 130.