Notary public (New York)

Notaries public in New York are commissioned by the Secretary of State of New York after passing a short examination in law and procedure. A notary's commission is received from and kept on file with the county clerk of the county in which they reside or do business, but notaries are empowered to actually perform their duties anywhere in the state.

Notaries must be residents of the state or have a work/business address in the state.Attorneys at law may automatically be appointed notaries simply by submitting the filing fee. Someone who is a commissioner or inspector of elections may also be a notary. One designated employee of the county clerk may be appointed a notary without taking the test. A state legislator may also be a notary, without any conflict of interest. Since the passage of the Married women's property acts in the mid-19th century, a married woman can be a notary.

Certain persons cannot be licensed as a notary in New York. These include a non-citizen, someone who has neither a residence nor a business in New York, a person convicted of certain felonies, a person removed from office as notary or commissioner of deeds, and a convicted draft dodger. By a New York law that bars them from holding any other office, sheriffs may not be appointed notaries. The above general conditions can however be remedied with a release from the state after a certificate of good conduct is issued or by executive pardon.

New York notaries are empowered to administer oaths and affirmations (including oaths of office), to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing. Notaries may also demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing. Finally, they can witness the opening of a safe deposit box.

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