Prohibited Acts, Misconduct & Liability
New York imposes penalties for misconduct, including acting without personal appearance, false acts, and acting with a disqualifying interest. Certain misconduct is a misdemeanor.
Disqualifying interest and false certificates
A New York notary should not notarize a document in which the notary is a party or has a direct beneficial or financial interest. Executing a certificate the notary knows to be false, or notarizing without the signer's personal appearance, is misconduct that can lead to removal and criminal penalties. A notary who is a party to the instrument is disqualified.
Unauthorized practice and misconduct penalties
A non-attorney notary may not give legal advice, prepare legal documents, or advertise as a 'notario.' Misconduct such as issuing a false certificate can be a misdemeanor and grounds for the Secretary of State to remove the notary. New York also treats certain notarial misconduct as a basis for civil liability to injured parties.
State-specific details
State exam facts
- State regulator
- New York Department of State, Division of Licensing Services
- Passing score
- 70%
Does New York require a notary exam?
Yes. New York uses a walk-in, closed-book, written multiple-choice exam administered by the Department of State — there is no pre-registration and seating is first-come. It is based on the Notary Public License Law booklet. New York attorneys and Unified Court System court clerks are exempt.
What score do I need to pass the New York notary exam?
You must score at least 70% to pass; results are reported as pass or fail rather than a numeric grade.
How much can a New York notary charge per act?
New York caps notary fees at $2.00 per notarial act under Executive Law §136 — one of the lowest statutory fee limits in the country.
How long is a New York notary commission?
A New York notary public commission runs for 4 years.
Sources: https://dos.ny.gov/notary-public, https://dos.ny.gov/become-notary-public