New York Notary Exam — Complete Study Guide

Domain 1: Professional Conduct — 5% of the Exam

Professional Conduct is the smallest domain by weight, but it establishes the ethical foundation that runs through all other domains. Questions here ask whether a specific action is permissible for a notary — and the answer almost always turns on whether the action crosses into the unauthorized practice of law or misrepresents the notary's authority.

The most fundamental rule: personal appearance is required. Acknowledgments and affidavits may not be taken over the telephone or otherwise without the actual physical presence of the signer before the notary. This rule, reinforced by the court decision in Matter of Napolis, is one of the most commonly tested single facts on the exam.

Oaths must be an unequivocal present act administered before an authorized officer. A lawful form is: "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?" An affirmation — "Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?" — is legally equivalent to an oath and may be used when a person conscientiously declines to swear.

Unless the notary is a licensed attorney, they may not give legal advice or prepare legal papers — including wills, deeds, bills of sale, mortgages, contracts, leases, incorporation papers, powers of attorney, affidavits, or any other legal documents. Notaries may not solicit legal business for a lawyer in exchange for compensation, divide fees with a lawyer, or accept part of a lawyer's fee. A notary may not advertise or claim powers not granted by law.

What to memorize for this domain:

• Personal appearance is mandatory — telephone acknowledgments are illegal
• Affirmations are legally equivalent to oaths
• Non-lawyer notaries may not draft legal documents or give legal advice
• No fee-splitting with lawyers or soliciting legal business for compensation
• A notary should not acknowledge the execution of a will — that is not an attestation clause

Domain 3: Powers and Duties — 35% of the Exam

This is the largest and most detailed domain. It covers the full range of acts a notary may lawfully perform, the Real Property Law requirements for acknowledgments, the rules for electronic notarization, and miscellaneous powers under Banking Law, CPLR, and Domestic Relations Law.

Per Executive Law §135, a notary may: administer oaths and affirmations; take affidavits and depositions; receive and certify acknowledgments or proofs of deeds, mortgages, powers of attorney, and other writings; demand acceptance or payment of foreign and inland bills of exchange and promissory notes; and protest them for non-acceptance or non-payment. An attorney-notary may take the oath, affidavit, or acknowledgment of a client. Misconduct makes a notary liable for all damages sustained by injured parties.

Fee schedule (Executive Law §136): Oath or affirmation — $2. Acknowledgment per person — $2. Each additional person — $2. Swearing a witness — $2. Protest of a note — $0.75. Each additional notice of protest (up to 5) — $0.10 each. Electronic notarial act fee — set by regulation at $25 inclusive of all costs.

Signature requirements (Executive Law §137): 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. If a certificate of official character was filed elsewhere, include "Certificate filed … County." An attorney-notary may substitute "Attorney and Counselor at Law." In New York City counties, the official number assigned by the county clerk or register must also appear when required.

Electronic notarization (Executive Law §135-c): Any qualified notary may perform electronic notarial acts using approved audio-video communication technology. The notary must be physically located in New York at the time of the act, regardless of where the signer is. Remote appearance satisfies personal appearance unless expressly excluded by law. For remote identity verification, two or more different anti-fraud authentication processes are required (unless personal knowledge of the signer suffices). If video/audio technology is used to verify identity, the notary must retain the recording for at least 10 years. Email address changes must be reported within 5 days.

Real Property Law provisions: Per RPL §303, the officer taking an acknowledgment must know or have satisfactory evidence that the person acknowledging is the person described in and who executed the instrument. Per RPL §304, a subscribing witness must state their residence (including street and number in a city) and that they knew the person who executed the conveyance. Per RPL §306, the officer must endorse or attach a signed certificate. Per RPL §330, a notary who commits malfeasance or fraudulent practice in taking or certifying an acknowledgment is liable in damages. Per RPL §333, recording officers must not record a conveyance unless it, its acknowledgment, and authentication are in English or accompanied by a proper translation.

Other statutes tested in this domain: Per Banking Law §335, if safe deposit box rent is unpaid, a bank may open the box in the presence of a notary after 30 days' notice; the notary files a sealed certificate listing the opening date, lessee name, and contents; a copy must be mailed to the lessee within 10 days. Per CPLR Rule 3113, depositions in civil proceedings may be taken before a notary. Per Domestic Relations Law §11, a notary has no authority to solemnize marriages. Per Public Officers Law §10, official oaths of public officers may be administered by a notary.

Validity despite defects (Executive Law §142-a): Notarial acts and certificates are not invalid solely because of defects such as an expired commission, misnomer, failure to file an oath, acting outside jurisdiction, or vacating office by residence change. However, the curative statute cannot be relied on by a person who knew of the defect at the time — except after 6 months have passed.

Key statutes to cite on this domain:

Domain 5: Title 19 NYCRR Part 182 — Notaries Public — 15% of the Exam

This domain covers the Department of State's administrative regulations that implement and expand on the Executive Law. While the statutory rules in Domains 1–4 come from the Legislature, Part 182 rules come from the Secretary of State's rulemaking authority and carry the same legal force.

Advertising (19 NYCRR §182.1): A non-attorney notary may not use foreign-language terms that imply the notary is an attorney. Prohibited terms include abogado, mandataire, procuratore, Адвокат (Russian), 律師 (Chinese), and avoca. Any non-English advertisement for notary services must include the required disclaimer — in the same language — stating the notary is not licensed to practice law. The civil penalty for violation is up to $1,000; a second violation can lead to suspension; a third to removal after notice and hearing.

General requirements (19 NYCRR §182.3): All notaries must obtain satisfactory evidence of identity; require personal appearance for the duration of the transaction; administer oaths and affirmations as required; include official numbers on instruments requiring oaths; disqualify themselves when a party or directly and pecuniarily interested; and notify the Secretary within 5 days of any change in name, address, or email. A notary may refuse if not satisfied that the principal is competent or that the signature is knowing and voluntary.

Electronic notary requirements (19 NYCRR §182.4): The notary must be physically in New York when performing electronic acts. Electronic signatures must be PKI-backed, unique, independently verifiable, under sole control, and alteration-detecting. The notary must use a network permitting location detection and may not hide their actual location. Access information for the electronic signature may not be disclosed except to the Secretary, pursuant to judicial subpoena, or in limited vendor situations with reasonable precautions. Any registration information update must be made before performing further electronic acts.

Identity verification (19 NYCRR §182.5 and §182.6): For physical appearance, identity may be verified by government-issued photo ID with signature and description, two current signed documents, personal knowledge, one personally known witness, or two witnesses. For remote notarization where the signer is not personally known, the notary must use identity verification plus credential analysis (by a third-party provider using automated software) plus identity proofing at NIST Identity Assurance Level 2 or higher (19 NYCRR §182.7, referencing NIST SP 800-63-3).

Recordkeeping (19 NYCRR §182.9): Records must document compliance and must include date, approximate time, type of acts, names and addresses, credential type, and verification procedures. For electronic acts, records must also include information about the communication technology and providers used. Retention period is at least 10 years.

Fees (19 NYCRR §182.11): Commission application fee: $60. Electronic registration fee: $60. Renewal fee: $60. Written exam fee: $15 per examination. Change request or duplicate license-registration: $10. Electronic notarial act: $25 inclusive of all costs. Traditional notarial fees follow Executive Law §136.

Official Study Resources

All content in this guide is derived from official New York State materials. These are the authoritative sources for exam preparation.