Friday, April 3, 2009

State Of New York Notary Requirements

One role of a notary public is to witness the signing of documents.


Generally, notaries in every state perform similar types of duties, such as witnessing the signing of documents, authenticating identities to prevent fraud and administering oaths and affirmations. Some aspects of the position, such as general requirements for appointments, may vary. In New York, the Secretary of State handles the commissioning of notary publics and, once appointed, a term lasts four years before renewal.


General Requirements


New York notaries must be at least 18 years of age. If the applicant is not a United States citizen, she must have permanent legal residency. New York notaries must either live in New York or have a business in the state.


Criminal History


A criminal history does not necessarily preclude a person from becoming a New York notary. Felony convictions and certain misdemeanor convictions, however, can disqualify someone from an appointment. Anyone who obtains an executive pardon or a certificate of good standing from a parole board might qualify for a commission.


Examination


New York notaries must pass an exam on notary law. The Division of Licensing Services provides a booklet that aspiring notaries can review, and it also lists the full law on its website. The exam takes place at various locations throughout the state. The website also maintains a list of testing locations and exam dates. Test takers can walk in and register to take the exam that same day. Applicants for a notary commission have one hour to complete the test and must receive at least a 70 percent score to pass. The test center will send the result in the mail, and it must accompany the notary application. Results remain valid for two years.


Any attorney who is a member of the New York State Bar or court clerks of the Unified Court System, appointed to such a position by taking the Civil Service promotion exam, do not have to take this test.


Application Requirements


The testing center automatically sends out notary applications to anyone who passes the notary exam. The Division of Licensing Services will also send an application to anyone who sends a request to: licensing@dos.state.ny.us.


A completed application includes a $60 fee, original documentation of passing the notary exam and proof of taking the notary oath. All applicants must take an oath with the county clerk in the county in which they live or maintain their business. The clerk will indicate on the application that the person has completed this step.


Seal and Record Books


New York law does not require notaries to maintain a seal or stamp. New York notaries also do not need to keep a record book of their notarial acts, but might want to consider doing so.







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