How to become a notary public in New York

Who can hold the commission

The Secretary of State appoints notaries. At the time of appointment you must either live in New York State or have an office or place of business here. Before issuing a commission to most applicants, the Secretary must be satisfied that the person is of good moral character, has the equivalent of a common school education, and is familiar with a notary's duties. The exam is how that last point is shown.

The steps, in order

1. Sit the exam. The fee is $15 and is not refunded. It is one hour, multiple choice, and graded pass or fail.
2. Wait for the mail. A pass comes as a written notice. It is valid for two years.
3. Apply. Through NY Business Express, with the $60 commission fee. The booklet splits that into $40 for the appointment and $20 for filing your oath of office.
4. Swear the oath. The application carries an oath of office that must itself be sworn and notarized.
5. Your county clerk keeps the record. The Secretary of State sends the commission, the oath and your signature to the clerk in your county of residence. That filed signature is what the public, and the clerk, check yours against later.

The term is four years.

Who skips the exam or the fees

• Attorneys admitted to practice in New York can be appointed without the exam.
• Court clerks of the Unified Court System appointed after a civil service promotional exam in the court clerk series are spared the qualifying requirements as well.
• County clerk staff named under County Law 534 to notarize for the public free of charge are exempt from both the exam fee and the application fee.
• Renewing notaries who reapply before their term ends, or within six months after, may have the qualifying requirements waived. So may someone who missed renewal because of military service and applies within a year of an honorable discharge.

Living out of state

A notary who moves out of New York but keeps an office or business here stays a notary. One who leaves and keeps nothing here vacates the office. A nonresident who accepts a commission makes the Secretary of State their agent to receive legal papers, and files the oath and signature with the clerk of the county where the office is.

Small fees after appointment

The booklet lists $10 for a change of name or address and $10 for a duplicate ID card. A certificate of official character, which lets you file your signature in another county, costs $1 to issue and $1 to file. If you notarize often in a second county, that filing saves the people you serve a trip.