What a New York notary may not do, and what it costs

The rule that catches the most people

Unless they are a lawyer, a notary may not practice law, directly or indirectly. The booklet lists four things that cross the line, and each can lead to removal from office by the Secretary of State and possible imprisonment, a fine, or both. A notary may not:

1. Give legal advice, or draw up legal papers. The list is long on purpose: wills, deeds, bills of sale, mortgages, contracts, leases, powers of attorney, eviction papers, bankruptcy papers, complaints, and even affidavits.
2. Steer legal business to a lawyer they have a business tie to, or who pays them for the referral.
3. Split fees with a lawyer, or take any part of a lawyer's fee.
4. Advertise or claim any power the notary law does not give them.

Note the affidavit on that list. A notary can swear someone to an affidavit, but writing it for them is drafting a legal paper.

Advertising in another language

Executive Law 135-b reaches notaries who are not attorneys. If you advertise notary services in a language other than English, the ad must carry, in that language, a statement that you are not a licensed attorney and cannot give legal advice about immigration or any other legal matter or accept fees for it. You may not use foreign-language terms that suggest you are a lawyer. "Advertisement" includes business cards, brochures and notices, print or electronic.

The penalty climbs with repeat offenses: a civil penalty of up to $1,000, possible suspension on a second violation, and possible removal on a third, after notice of the charges and a chance to be heard.

Pretending, and fraud

Under Executive Law 135-a, holding yourself out as a notary without an appointment is a misdemeanor. So is practicing fraud or deceit while acting as one. And under 135, a notary is liable to the injured parties for all damages caused by their misconduct.

Charging too much

The fees are set by statute: $2 for an oath or affirmation, $2 per person for an acknowledgment, and $25 for an electronic notarial act. For protesting an unpaid note or bill, the cap is 75 cents for the protest and 10 cents for each notice, up to five. Charging more than the law allows is the kind of thing the exam likes to ask about, because the numbers are small and specific.

The paperwork under your signature

Executive Law 137 requires you to print, type or stamp beneath your signature, in black ink, your name, the words "Notary Public State of New York", the county where you qualified, and the date your commission expires. A notary qualified in a New York City county must add their official number. A missed detail does not void the act, but a willful failure can bring discipline.

A seal is not required in New York. If you use one, the Department of State's view is that it needs only your name and the words "Notary Public for the State of New York".

Your name

You sign with the name you were appointed under and no other. A notary who marries mid-term may keep using that name, or may add the married name in parentheses after it, and chooses again at renewal.