New York Notary Exam Prep

Professional Conduct covers the ethical boundaries every New York notary must observe when performing notarial acts. The domain focuses on what a notary may and may not do, drawing a clear line between lawful notarial services and the unauthorized practice of law. Exam questions in this domain ask whether a specific action — such as giving advice about a will, drafting a contract, or taking an acknowledgment by phone — is permissible. You will need to know that personal appearance is mandatory for acknowledgments and affidavits, that oaths must be administered in a lawful, unequivocal present-tense form, and that affirmations are legally equivalent to oaths. The domain also tests knowledge of advertising restrictions: a notary may not claim powers not granted by law. Questions about fee-sharing with lawyers, soliciting legal business for compensation, and the danger of notarizing a will acknowledgment (as opposed to an attestation clause) regularly appear. This domain is relatively small in weight but the rules are clear and testable.

• Personal appearance of the signer or affiant is required — acknowledgments and affidavits cannot be taken by telephone.
• A lawful oath is an unequivocal present act; a lawful affirmation is equally binding and may substitute for a religious oath.
• A notary who is not a licensed attorney may not give legal advice, draft wills, deeds, mortgages, contracts, or other legal documents.
• A notary may not solicit legal business for a lawyer for compensation or divide fees with a lawyer.
• Misleading advertising — claiming powers not granted by law — is prohibited.
• A notary should not execute an acknowledgment of a will; that is not equivalent to an attestation clause and can frustrate the testator's intent.

This is the second-largest domain and one of the most heavily tested. It covers every aspect of how notaries are appointed, what qualifies or disqualifies an applicant, and the procedural mechanics of commissions and fees. Key facts include: the Secretary of State appoints notaries for 4-year terms with statewide jurisdiction; the application fee is $60 (non-refundable); the Secretary forwards a $20 portion plus the commission to the county clerk by the 10th of the following month; and reappointment may be filed up to 6 months after expiration without re-examination. Exam questions frequently ask about residency rules — a resident who moves out of state but keeps a New York office retains the commission; a nonresident who loses the New York office vacates it. You must also know disqualification rules: persons convicted of certain crimes may not be appointed unless a statutory finding is made; removed NYC commissioners of deeds are ineligible for notary appointment; and a notary cannot act in a transaction where they are a party or have a direct financial interest. Fee amounts for certificates of official character ($1 each), authentication certificates ($3), change of name/address ($10), and duplicate ID cards ($10) are commonly tested.

• Secretary of State appoints notaries; term is 4 years; jurisdiction is statewide (Executive Law §130).
• Initial application fee is $60; reappointment fee is also $60; both are non-refundable (Executive Law §131).
• County clerk receives $20 of the fee from the Secretary within 10 days and indexes commissions and signatures (Executive Law §131).
• A resident who moves out of state but maintains a NY office does not vacate the commission; one who loses the NY office does (Executive Law §130).
• Persons convicted of a crime may not be appointed unless the Secretary of State makes a lawful finding under Article 23-A (Executive Law §130).
• A notary is disqualified from acting in transactions where they are a party or directly and pecuniarily interested — e.g., grantee, mortgagee, or grantor taking their own acknowledgment.

Key references: Executive Law §130 · Executive Law §131 · Executive Law §132 · Executive Law §133 · Executive Law §140(14) · Executive Law §140(15) · Election Law §§3-200 and 3-400 · Public Officers Law §3 · County Law §534

Powers and Duties is the largest domain — 35% of the exam — and covers the full range of acts a notary may lawfully perform, the specific statutory rules governing each act, and the related provisions of Real Property Law. Core powers include administering oaths and affirmations, taking affidavits and depositions, certifying acknowledgments or proofs of deeds and other writings, and protesting negotiable instruments. Electronic notarization is a major sub-topic: a notary must be physically located in New York at the time of the act, must register with the Secretary of State before performing electronic acts, must use approved audio-video communication technology, must retain recordings for at least 10 years, and must report email address changes within 5 days. Real Property Law provisions that appear on the exam include the definitions of 'conveyance' (RPL §290), who may take acknowledgments within New York (RPL §298), what constitutes a valid acknowledgment (RPL §303), and the certificate of acknowledgment requirements (RPL §306). Fee rules are precise: $2 per oath or affirmation, $2 per acknowledgment or proof per person, protest fee capped at 75 cents plus 10 cents per notice (up to 5 notices). The validity-despite-defects rule under Executive Law §142-a and Banking Law §335 (safe deposit box openings) also appear frequently.

• A notary may administer oaths and affirmations, take affidavits and depositions, certify acknowledgments or proofs, and protest negotiable instruments (Executive Law §135).
• For electronic notarial acts, the notary must be physically in New York; must use approved audio-video communication technology; must retain recordings at least 10 years (Executive Law §135-c).
• Statutory fee schedule: $2 per oath/affirmation, $2 per acknowledgment per person, protest capped at $0.75 plus $0.10 per notice up to 5 notices (Executive Law §136).
• Beneath the signature, a notary must include in black ink: name, 'Notary Public State of New York,' county of original qualification, and commission expiration date (Executive Law §137).
• Acts are not invalidated solely due to defects such as expired commission or acting outside jurisdiction — but the curative statute cannot be relied on if the person knew of the defect (Executive Law §142-a).
• Real Property Law §303 requires the notary to know or have satisfactory evidence that the acknowledging person is the person who executed the instrument.

Key references: Executive Law §134 · Executive Law §135 · Executive Law §135-a · Executive Law §135-b · Executive Law §135-c · Executive Law §136 · Executive Law §137 · Executive Law §138 · Executive Law §142-a · Real Property Law §290 · Real Property Law §298 · Real Property Law §302 · Real Property Law §303 · Real Property Law §304 · Real Property Law §306 · Real Property Law §309-a · Real Property Law §309-b · Real Property Law §330 · Real Property Law §333 · Banking Law §335 · CPLR Rule 3113 · Domestic Relations Law §11 · Public Officers Law §10

Restrictions and Violations is the second-largest domain, covering what happens when notaries — or persons acting as notaries — cross legal lines. The domain focuses on unauthorized practice of law, criminal penalties, and misconduct grounds. Under Judiciary Law §484, only licensed attorneys may receive compensation for preparing legal documents such as wills, deeds, mortgages, and pleadings; violating this is a misdemeanor under §485. The Penal Law sections are heavily tested: forgery in the second degree (Penal Law §170.10) is a Class D felony (maximum 7 years); issuing a false certificate (Penal Law §175.40) is a Class E felony (maximum 4 years); official misconduct (Penal Law §195.00) is a Class A misdemeanor. Exam questions often ask about penalty classifications, so know the difference: felonies are punishable by state prison; Class A misdemeanors by up to 1 year in jail. The domain also covers oath obligations: a notary must officiate when requested — refusal is a misdemeanor. Perjury — knowingly making a false material statement under oath — is tested. Public Officers Law §15 makes acting as a public officer before taking and filing the required oath a misdemeanor, and §67 restricts fee collection to expressly authorized amounts.

• Unauthorized practice of law by a notary — drafting wills, deeds, contracts, or other legal documents — violates Judiciary Law §484 and is a misdemeanor (Judiciary Law §485).
• Forgery in the second degree (falsely making, completing, or altering a written instrument with intent to defraud) is a Class D felony, maximum 7 years (Penal Law §170.10).
• Issuing a false certificate with intent to defraud is a Class E felony, maximum 4 years (Penal Law §175.40).
• Official misconduct — performing an unauthorized act or knowingly failing to perform a required duty — is a Class A misdemeanor, maximum 1 year (Penal Law §195.00).
• A notary must officiate when asked; refusal is a misdemeanor.
• Fraud or deceit in the performance of duties is a misdemeanor and grounds for removal from office (Executive Law §135-a).

Key references: Judiciary Law §484 · Judiciary Law §485 · Judiciary Law §750 · Public Officers Law §15 · Public Officers Law §67 · Public Officers Law §69 · Penal Law §70.00 · Penal Law §70.15 · Penal Law §170.10 · Penal Law §175.40 · Penal Law §195.00

This domain covers the administrative regulations that implement the Executive Law. Title 19 NYCRR Part 182 is the Department of State's rule set governing notaries public in New York, and exam questions draw directly from its sections. The advertising rules under §182.1 are frequently tested: a non-attorney notary who advertises in a foreign language must include the required disclaimer (in the same language) stating the notary is not licensed to practice law. Terms prohibited in non-English advertising include abogado, mandataire, procuratore, and similar words implying legal authority. Section §182.3 sets general requirements for all notaries: obtain satisfactory evidence of identity; require personal appearance; administer oaths properly; disqualify when a party or financially interested; notify the Secretary within 5 days of any change in name, address, or email. Electronic notaries (§182.4) must be physically in New York, use PKI-backed electronic signatures, use compliant vendors, and must not hide their location. Identity proofing for remote acts must meet at least NIST Identity Assurance Level 2 (§182.7). Communication technology requirements (§182.8) include live audio-video, secure transmission, and 10-year record retention. Fees under §182.11: commission application $60, electronic registration $60, exam fee $15, electronic notarial act $25.

• Non-English advertising must include the required disclaimer in the same language; foreign terms implying attorney status (e.g., abogado) are prohibited (19 NYCRR §182.1).
• All notaries must disqualify themselves when a party to or directly and pecuniarily interested in the transaction, and must notify the Secretary within 5 days of name, address, or email changes (19 NYCRR §182.3).
• Electronic notaries must be physically located in New York, use PKI-backed electronic signatures under sole control, and may not disclose access information except to the Secretary, by judicial subpoena, or in limited vendor situations (19 NYCRR §182.4).
• Identity proofing for remote acts must meet at least NIST Identity Assurance Level 2 (NIST SP 800-63-3) (19 NYCRR §182.7).
• Communication technology must support live audio-video, secure transmission, and recording; sessions must be retained for at least 10 years (19 NYCRR §182.8 and §182.9).
• Written exam fee is $15; electronic notarial act fee is $25 inclusive of all costs; commission application and renewal fee is $60 (19 NYCRR §182.11).

Key references: 19 NYCRR §182.1 · 19 NYCRR §182.2 · 19 NYCRR §182.3 · 19 NYCRR §182.4 · 19 NYCRR §182.5 · 19 NYCRR §182.6 · 19 NYCRR §182.7 · 19 NYCRR §182.8 · 19 NYCRR §182.9 · 19 NYCRR §182.10 · 19 NYCRR §182.11