Within New York State, what is a duly qualified notary public empowered to do with respect to sworn statements?
Based on: Executive Law 135 - Powers and duties in general
New York Notary Exam · Duties
New York Notary Exam Practice Questions: Powers and Duties (2026)
A New York notary's powers come only from statute, chiefly Executive Law 135: administering oaths and affirmations, taking affidavits and depositions, receiving and certifying acknowledgments or proofs of deeds, mortgages and powers of attorney, and demanding acceptance or payment of bills of exchange and promissory notes and protesting them. Jurisdiction is co-extensive with the boundaries of the state, so a notary commissioned in one county may act anywhere in New York. A notary may not solemnize marriages under Domestic Relations Law 11, and the Executive Law does not authorize certifying copies of records.
Practice
Free practice questions
Regarding written instruments such as deeds, mortgages, and powers of attorney, which act is a New York notary public authorized to perform?
Based on: Executive Law 135 - Powers and duties in general
With respect to foreign and inland bills of exchange and promissory notes, what may a New York notary public do?
Based on: Executive Law 135 - Powers and duties in general
A notary's power to protest under Executive Law 135 applies to which kinds of instruments?
Based on: Executive Law 135 - Powers and duties in general
What must a notary public do when exercising powers that come from the laws of another jurisdiction for use in that jurisdiction?
Based on: Executive Law 135 - Powers for use in another jurisdiction
The additional powers a notary may exercise for use in another jurisdiction are derived from which sources?
Based on: Executive Law 135 - Powers for use in another jurisdiction
For whose use are the expanded foreign powers under Executive Law 135 intended?
Based on: Executive Law 135 - Powers for use in another jurisdiction
Geographically, how far does a New York notary public's authority to act extend?
Based on: Executive Law 130(1); 135 - Statewide jurisdiction
May a New York notary commissioned in one county take an acknowledgment in a different county of the state?
Based on: Executive Law 130(1); 135 - Statewide jurisdiction
Which phrase best describes the territorial reach of a New York notary's commission?
Based on: Executive Law 130(1); 135 - Statewide jurisdiction
The powers, the fees and the statement of authority
Executive Law 136 fixes the standard fee at $2: for administering an oath or affirmation and certifying it when required, for taking and certifying the acknowledgment or proof of execution by one person, for each additional person, and for swearing a witness to a written instrument. Protest fees are older and smaller: 75 cents for the protest and 10 cents for each notice, not exceeding five on any bill or note, and a notary who has a seal must affix it to a protest free of expense when requested. The fee for electronic notarial services is set by regulation, currently $25 inclusive of all costs under 19 NYCRR 182.11. Every act also needs the Executive Law 137 statement of authority: beneath the signature, in black ink, the notary prints, typewrites or stamps their name, the words 'Notary Public State of New York', the county where they originally qualified and the commission expiration date, plus the official number assigned by the clerk for notaries qualified in a New York City county. Failure to comply does not invalidate the act, but a willful failure invites discipline by the Secretary of State, and in all New York courts the notary's certificate is received as presumptive evidence of the facts it contains.
- An attorney-notary may, in their discretion, administer an oath or take the affidavit or acknowledgment of their own client (Executive Law 135).
- For any misconduct in performing notarial powers, the notary is liable to the injured parties for all damages they sustain (Executive Law 135).
- A licensed attorney may substitute 'Attorney and Counselor at Law' for 'Notary Public' in the statement of authority (Executive Law 137).
Disqualification, refusal and the corporate notary
The duties side is codified in 19 NYCRR 182.3: obtain satisfactory evidence of identity for any principal appearing before you, require the personal appearance of all parties for the duration of the transaction except for acts done under the electronic notarization law, affix your official number to each instrument requiring an oath or affirmation regardless of the county where you qualified, and notify the Secretary of State within five days of any change of name, address or e-mail address, signed with your official signature. A notary must disqualify themselves from any transaction in which they are a party or directly and pecuniarily interested, and must refuse to act when the requirements of part 182 are not met, when the record does not evidence a represented capacity, or when they are not satisfied that the principal is competent or that the signature is knowingly and voluntarily made. Executive Law 138 softens the interest rule for corporate life: a stockholder, director, officer or employee may notarize instruments executed to or by the corporation, but never one the notary personally executed, individually or as the corporation's representative, and never a protest of an instrument in which the notary has a financial interest. Beyond the core powers, a notary may take depositions in civil actions under CPLR Rule 3113, administer the oath of office of a public officer under Public Officers Law 10, and attend the opening of an overdue safe deposit box under Banking Law 335, filing a certificate under seal listing the contents.
| Notarial service | Maximum fee |
|---|---|
| Administering an oath or affirmation, with certificate | $2 (Executive Law 136) |
| Acknowledgment or proof of execution, one person | $2 (Executive Law 136) |
| Each additional person on the same instrument | $2 (Executive Law 136) |
| Swearing a witness to a written instrument | $2 (Executive Law 136) |
| Protest of non-payment of a note | 75 cents (Executive Law 135) |
| Each protest notice, not exceeding five | 10 cents (Executive Law 135) |
| Affixing a seal to a protest on request | Free of expense (Executive Law 135) |
| Electronic notarial act | $25, inclusive of all costs (19 NYCRR 182.11) |
FAQ
Frequently asked questions
How much can a New York notary charge?
The standard fee is $2 under Executive Law 136: for an oath or affirmation, for an acknowledgment or proof by one person, for each additional person, and for swearing a witness to an instrument. Protests are capped at 75 cents plus 10 cents per notice, not exceeding five, under Executive Law 135. An electronic notarial act carries a $25 fee inclusive of all costs under 19 NYCRR 182.11.
Can a New York notary act outside the county where they qualified?
Yes. A New York notary's jurisdiction is co-extensive with the boundaries of the state under Executive Law 130, so a notary commissioned in one county may take acknowledgments and administer oaths anywhere in New York. Real Property Law 298 confirms a notary may take the acknowledgment of a conveyance at any place within the state, unlike a commissioner of deeds, who is limited to their district.
Can a New York notary perform a marriage?
No. Domestic Relations Law 11 provides that a notary public has no authority to solemnize marriages, and a notary may not even take the acknowledgment of parties and witnesses to a written contract of marriage. This is one of the clearest may-not items on the New York exam.
Can a New York notary certify a copy of a document?
Generally no. The Executive Law does not authorize a notary to issue certified copies of records or to certify that a copy is a true copy of an original. The one narrow exception is the tangible-copy certification of an electronic record the notary remotely notarized, under Executive Law 135-c.
When must a New York notary refuse or disqualify themselves?
Under 19 NYCRR 182.3, a notary must disqualify themselves from any transaction in which they are a party or directly and pecuniarily interested, and must refuse to act when the requirements of part 182 are not met or when they are not satisfied that the principal is competent or that the signature is knowingly and voluntarily made. Executive Law 138 lets a corporate stockholder, officer or employee notarize the corporation's instruments, but never one the notary personally executed.
What must appear beneath a New York notary's signature?
Executive Law 137 requires the notary to print, typewrite or stamp, in black ink, their name, the words 'Notary Public State of New York', the county where they originally qualified and the commission expiration date, plus the official number assigned by the clerk if they qualified in a New York City county. Failure to comply does not invalidate the act, but a willful failure brings disciplinary action by the Secretary of State.