2026 Legal Reference•New York Law

New York Notary Public License Law Enriched Statutory Glossary

Official statutory reference citing New York Secretary of State (Executive Law § 130 et seq.; 19 NYCRR Part 182). Master these precise definitions to ace your state examination.

Showing 28 New York statutory termsNew York Secretary of State (Executive Law § 130 et seq.; 19 NYCRR Part 182)
Notarial Acts#acknowledgment

Acknowledgment

Real Property Law §§ 298, 303, 309-a; Executive Law § 135

A formal declaration before a notary public by an individual executing a written instrument that they executed the document as their free act and deed. The notary must know or have satisfactory evidence that the person appearing is the individual described in and who executed the instrument. Pre-signed documents are permitted for acknowledgments.

Related Concepts:
JuratVenueSatisfactory Evidence of IdentityStatement of Authority
Notarial Acts#jurat

Jurat

Executive Law § 135; CPLR § 2309(b)

That part of an affidavit where the notary public certifies that the affidavit was subscribed and sworn to (or affirmed) before the notary on a specified date in their physical or electronic presence. Required statutory form: 'Sworn to before me this ___ day of ___, 20___'. It is a certificate, not the affidavit itself.

Related Concepts:
AffidavitOathAffirmationVenue
Legal Documents#affidavit

Affidavit

Executive Law § 135; CPLR § 2309; Penal Law § 210.00

A signed written statement of facts made voluntarily under an oath or affirmation administered by an authorized officer (such as a notary public). The notary certifies its execution by executing a completed jurat.

Related Concepts:
JuratAffiantOathPerjury
Notarial Acts#oath

Oath

CPLR § 2309(b); Public Officers Law § 69; Penal Law § 210.00

A solemn verbal pledge made under an immediate sense of responsibility to a Supreme Being that the statements made are true and correct. Simplest statutory form (Bookman v. City of New York): 'Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?' Verbal assent ('I do') is mandatory.

Related Concepts:
AffirmationAffidavitJuratPerjury
Notarial Acts#affirmation

Affirmation

CPLR § 2309(b)

A solemn secular declaration made under penalty of perjury by a person who conscientiously declines to take a religious oath, carrying identical legal weight and criminal liability as an oath. Form: 'Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?'

Related Concepts:
OathAffidavitJuratPerjury
Legal Documents#deposition

Deposition

CPLR Rule 3113; Executive Law § 135

The sworn testimony of a witness taken out of court before an authorized officer for use in a legal proceeding. Taking depositions on Sunday is strictly prohibited under New York law.

Related Concepts:
OathAffidavitSunday Notarization Prohibition
Notarial Acts#venue

Venue

Executive Law § 137

The geographical statement at the heading of a notarial certificate ('State of New York, County of _____ ss.:') establishing the exact county and state where the notary public and principal were physically located when the act was performed.

Related Concepts:
Notarial CertificateStatement of AuthorityPersonal Appearance

Statement of Authority

Executive Law § 137

Mandatory information printed, typewritten, or stamped in black ink beneath a notary public's signature on every notarial certificate, stating: notary's name, 'Notary Public State of New York', county of qualification, and commission expiration date.

Related Concepts:
VenueOfficial SealCommission
Fees & Commissions#commission-and-term

Commission & Term

Executive Law §§ 130, 131

The 4-year official appointment as a Notary Public granted by the New York Secretary of State. Requires a non-refundable $60 application fee ($40 appointment plus $20 apportioned to the County Clerk). Reapplication within 6 months of expiration waives re-examination.

Related Concepts:
Secretary of StateCounty ClerkOath of Office
Fees & Commissions#statutory-fees

Statutory Fees

Executive Law §§ 135, 136; 19 NYCRR § 182.11

Maximum statutory fees allowed: $2.00 for taking an acknowledgment, proof, oath, or affirmation; $0.75 for protesting a note/bill ($0.10 per notice up to 5); $25.00 per electronic notarial act. Demanding or receiving excessive fees is a misdemeanor and creates civil liability for treble damages.

Related Concepts:
Treble DamagesOfficial MisconductElectronic Notarization
Misconduct & Penalties#treble-damages

Treble Damages

Public Officers Law § 67(4)

A mandatory civil penalty entitling an aggrieved party to recover triple damages against any public officer or notary public who demands or receives a fee larger than permitted by statute.

Related Concepts:
Statutory FeesOfficial MisconductCivil Liability
Misconduct & Penalties#unauthorized-practice-of-law

Unauthorized Practice of Law (UPL)

Judiciary Law §§ 478, 484, 485, 491; Executive Law § 130

Prohibition preventing non-attorney notaries from preparing or drafting legal instruments (deeds, wills, codicils, powers of attorney, contracts), giving legal counsel, or splitting fees with attorneys. Violation is a Class A misdemeanor and grounds for permanent removal.

Related Concepts:
Notario Público Advertising ProhibitionFee-Splitting ProhibitionClass A Misdemeanor

Notario Público Advertising Prohibition

Executive Law § 135-b; 19 NYCRR § 182.1

Strict prohibition forbidding non-attorney notaries from advertising using terms like 'Notario', 'Notario Público', 'Abogado', or equivalent foreign legal titles. Non-English advertisements must include a mandatory disclaimer in the same language stating the notary is not an attorney and cannot give legal advice. Violations carry up to $1,000 civil fines, suspension, or removal.

Related Concepts:
Mandatory Advertising DisclaimerCivil PenaltyUnauthorized Practice of Law
Electronic Notarization#electronic-notarization

Electronic Notarization (RON)

Executive Law § 135-c; 19 NYCRR Part 182

Notarial acts performed using electronic signatures and secure audio-video communication technology. Requires a separate $60 registration with the Secretary of State, physical presence of the notary in New York State during the act, identity proofing (NIST IAL2), and 10-year record retention.

Related Concepts:
Certificate of AuthenticityIdentity ProofingJournal & Recording Retention
Electronic Notarization#journal-and-recording-retention

Journal & Audio-Video Recording Retention (10 Years)

Executive Law § 135-c(2)(b); 19 NYCRR §§ 182.8, 182.9

Mandatory requirement that audio-video recordings of remote electronic notarial acts and contemporaneous journal entries for all notarial acts be securely retained by the notary public for at least 10 years.

Related Concepts:
Electronic NotarizationContemporaneous RecordkeepingPersonally Identifiable Information
Electronic Notarization#certificate-of-authenticity

Certificate of Authenticity (Papering Out)

Executive Law § 135-c(6)(d)

A statutory certificate executed by a notary public certifying that a printed paper copy is a true and correct copy of an electronic record notarized under § 135-c, making the paper copy eligible for recording by a County Clerk.

Related Concepts:
Electronic NotarizationCounty ClerkPapering Out

Bank Safe Deposit Box Opening

Banking Law § 335

Statutory procedure where a notary public witnesses the forced opening of an unpaid safe deposit box after 30 days notice, inventories the contents, files a certificate under seal with the bank, and mails a copy to the lessee within 10 days.

Related Concepts:
Banking LawOfficial SealInventory Certificate

Protest of Commercial Paper

Executive Law §§ 135, 138

A formal written statement under seal by a notary public certifying that a negotiable instrument (bill of exchange, note, draft) was presented for payment or acceptance and dishonored. Statutory fee: $0.75 plus $0.10 per notice (maximum 5 notices).

Related Concepts:
Negotiable InstrumentsStatutory FeesConflict of Interest

Subscribing Witness & Proof of Execution

Real Property Law §§ 304, 305

A formal procedure where a subscribing witness who witnessed the execution of a conveyance proves the grantor's signature under oath before a notary public, stating their place of residence.

Related Concepts:
ConveyanceAcknowledgmentReal Property Law
Misconduct & Penalties#issuing-a-false-certificate

Issuing a False Certificate (Class E Felony)

Penal Law § 175.40

A Class E felony committed when a public officer authorized to issue official certificates issues an instrument (such as certifying personal appearance when the signer was absent) knowing it contains false statements with intent to defraud.

Related Concepts:
Forgery in the Second DegreeOfficial MisconductClass E Felony
Misconduct & Penalties#forgery-in-the-second-degree

Forgery in the Second Degree (Class D Felony)

Penal Law § 170.10

A Class D felony committed when a person, with intent to defraud, falsely makes, completes, or alters an official certificate of acknowledgment or public record. Punishable by up to 7 years imprisonment under Penal Law § 70.00.

Related Concepts:
Issuing a False CertificatePenal LawClass D Felony
Misconduct & Penalties#official-misconduct

Official Misconduct (Class A Misdemeanor)

Penal Law § 195.00; Executive Law § 135-a

A Class A misdemeanor committed when a public servant knowingly performs an unauthorized official act or refrains from performing a mandatory statutory duty (e.g., arbitrarily refusing to administer an oath) with intent to obtain a benefit or deprive another.

Related Concepts:
Penal LawExecutive LawClass A Misdemeanor
Misconduct & Penalties#perjury

Perjury (Class D Felony / Misdemeanor)

Penal Law § 210.00 et seq.

The crime of making a false statement under oath or affirmation regarding a material fact known to be false. Perjury in the First Degree (material to an official proceeding) is a Class D felony.

Related Concepts:
OathAffirmationAffidavitPenal Law
Legal Documents#conveyance

Conveyance

Real Property Law § 290(3)

Every written instrument by which real property title is created, transferred, mortgaged, or assigned. Excludes wills, executory contracts for land sale, and leases for terms not exceeding 3 years.

Related Concepts:
Real Property LawDeedMortgageLease
Legal Documents#codicil

Codicil

Estates, Powers and Trusts Law (EPTL); Judiciary Law § 484

A legal instrument executed subsequent to a will that modifies, alters, or adds to its provisions. Non-attorney notaries are strictly prohibited from drafting or advising on codicils.

Related Concepts:
WillUnauthorized Practice of LawEPTL
Legal Concepts#subordination-clause

Subordination Clause

Real Property Law § 290

A clause in a real estate mortgage permitting a subsequent mortgage to be placed at a later date that takes legal priority over the existing mortgage lien.

Related Concepts:
MortgageConveyanceReal Property Law

Apostille & Authentication

Executive Law §§ 133, 134; Hague Convention of 1961

A state-level certificate issued by the NY Secretary of State (following County Clerk signature authentication) authenticating a notary public's authority for international document usage.

Related Concepts:
County Clerk AuthenticationSecretary of StateCertificate of Official Character

Conflict of Interest & Disqualification

Executive Law § 138; NY Case Law (Armstrong v. Combs)

Rule disqualifying a notary public from officiating any transaction in which the notary is individually a party, grantee, grantor, or has a direct personal/pecuniary interest. The resulting notarial act is a legal nullity.

Related Concepts:
Pecuniary InterestCorporate Notary Powers

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