What does the term notarial act mean under the New York notary rules?
Based on: 19 NYCRR 182.2(c)
New York Notary Exam · Terms
New York Notary Exam Practice Questions: General Terms and Definitions (2026)
The New York notary exam leans heavily on defined terms, and most of the definitions live in 19 NYCRR 182.2, the Real Property Law and Executive Law 135-c. A notarial act means any official act a notary is authorized by law to perform, from administering oaths and affirmations to protesting promissory notes. An acknowledgment, under Real Property Law 303, is the signer's declaration before an officer that the execution is his act, which is a different thing from an affidavit, where the notary administers an oath to the truth of the contents. Learning these distinctions is the fastest way to pick up marks.
Practice
Free practice questions
Which of the following is expressly listed as an example of a notarial act?
Based on: 19 NYCRR 182.2(c)
Regarding bills of exchange and promissory notes, what notarial act is included in the definition of a notarial act?
Based on: 19 NYCRR 182.2(c)
In connection with electronic notarization, which step is named within the definition of a notarial act?
Based on: 19 NYCRR 182.2(c)
Under the rules, what does the term notary public mean?
Based on: 19 NYCRR 182.2(a)
A notary public performs notarial acts in accordance with which body of law and rules?
Based on: 19 NYCRR 182.2(a)
What distinguishes an electronic notary public from an ordinary notary public?
Based on: 19 NYCRR 182.2(b)
Under which provision must an electronic notary public perform electronic notarial acts?
Based on: 19 NYCRR 182.2(b)
What authority does every duly qualified notary public have with respect to oaths?
Based on: Executive Law 135
Who would typically use an affirmation rather than an oath before a notary?
Based on: Executive Law 135
Oath, affirmation, affidavit and acknowledgment
Four everyday terms carry most of the weight. Every duly qualified notary is authorized by Executive Law 135 to administer oaths and affirmations; an affirmation is simply the alternative used by a person who declines to swear, and both bind the person to the truth of a statement. Taking an affidavit or deposition means administering that oath or affirmation and then certifying that the statement was sworn or affirmed before the notary. An acknowledgment is different in kind: under Real Property Law 303 the person who executed a written instrument declares before the officer that the execution is his act, and the officer certifies identity and execution rather than swearing anyone to the contents. A proof, under Real Property Law 304, establishes execution through a subscribing witness instead of the signer. The exam repeatedly asks you to tell these apart, so anchor them to who speaks and what they attest.
- Oath or affirmation: binds a person to the truth of a statement (Executive Law 135).
- Affidavit: oath administered, then certified as sworn before the notary (Executive Law 135; 19 NYCRR 182.2(c)).
- Acknowledgment: the signer declares the execution is his act; no oath to the contents (Real Property Law 303).
Conveyance, record, and the electronic-identity vocabulary
Real Property Law 290(3) defines a conveyance as every written instrument by which an estate or interest in real property is created, transferred, mortgaged or assigned, or by which title may be affected, so a mortgage is a conveyance. The exclusions are the trap: a will, a lease for a term not exceeding three years, an executory contract for the sale of lands, and an instrument containing a power to convey as agent are all outside the definition. For the uniform acknowledgment forms, Real Property Law 309-a(4) defines person broadly, expressly including a limited liability company, an estate, a trust, a joint venture and a real estate investment trust, in its own or any representative capacity. The electronic layer then adds its own vocabulary in 19 NYCRR 182.2: a record is information on a tangible medium or stored electronically and retrievable in perceivable form, and it includes an electronic record. Personal appearance means presence at the transaction either physically or electronically, but electronic presence counts only when all the conditions of part 182 are met. Finally, three similar-sounding identity terms are kept deliberately distinct: identity verification is done by the notary, credential analysis is done by a third party on a government-issued ID, and identity proofing is done by a credential service provider that collects, validates and verifies information about a person.
| Term | Who performs it | What it does (rule) |
|---|---|---|
| Identity verification | The notary public | An authentication process validating the identity of any principal or individual present for a notarial act (19 NYCRR 182.2(g)) |
| Credential analysis | A third party | Affirms the validity of a government-issued identification through review of public and proprietary data sources (19 NYCRR 182.2(h)) |
| Identity proofing | A credential service provider | Collects, validates and verifies information about a person (19 NYCRR 182.2(j)) |
FAQ
Frequently asked questions
What is a notarial act under New York law?
A notarial act is any official act that a notary public is authorized by law to perform, under 19 NYCRR 182.2(c). The rule's list includes administering oaths and affirmations, receiving and certifying acknowledgments or proof of written instruments such as deeds, mortgages and powers of attorney, demanding acceptance or payment of bills and notes and protesting them, and performing electronic notarial acts. The list is expressly not exhaustive.
What is the difference between an oath and an affirmation in New York?
They are alternative ways of binding a person to the truth of a statement, and every duly qualified New York notary may administer either under Executive Law 135. An affirmation is used in place of an oath by a person who declines to swear. Administering an oath or affirmation is a distinct notarial act from taking an acknowledgment.
How does an acknowledgment differ from an affidavit in New York?
In an acknowledgment, under Real Property Law 303, the person who executed the instrument declares before the officer that the execution is his act, and the officer certifies identity and execution. In an affidavit the notary administers an oath or affirmation to the contents and certifies that the statement was sworn or affirmed, under Executive Law 135. The acknowledgment is about the signature; the affidavit is about the truth of the statement.
What counts as a conveyance under New York's Real Property Law?
Under Real Property Law 290(3), a conveyance is every written instrument by which an estate or interest in real property is created, transferred, mortgaged or assigned, or by which title may be affected, so a mortgage qualifies. Excluded are a will, a lease for a term not exceeding three years, an executory contract for the sale of lands, and an instrument containing a power to convey as agent.
What does personal appearance mean under the New York notary rules?
Under 19 NYCRR 182.2(k), personal appearance means presence at the transaction for which a notarial act is required, either physically or electronically, in a manner meeting all requirements of part 182. An electronic appearance through communication technology satisfies a personal-appearance requirement only when every condition of the part is met.