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.
Acknowledgment
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.
Jurat
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.
Affidavit
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.
Oath
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.
Affirmation
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?'
Deposition
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.
Venue
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.
Commission & Term
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.
Statutory Fees
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.
Treble Damages
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.
Notario Público Advertising Prohibition
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.
Electronic Notarization (RON)
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.
Journal & Audio-Video Recording Retention (10 Years)
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.
Certificate of Authenticity (Papering Out)
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.
Bank Safe Deposit Box Opening
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.
Protest of Commercial Paper
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).
Subscribing Witness & Proof of Execution
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.
Issuing a False Certificate (Class E Felony)
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.
Forgery in the Second Degree (Class D Felony)
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.
Official Misconduct (Class A Misdemeanor)
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.
Perjury (Class D Felony / Misdemeanor)
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.
Conveyance
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.
Codicil
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.
Subordination Clause
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.
Apostille & Authentication
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.
Conflict of Interest & Disqualification
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.
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