New York
Notary Dispatch Center
132 East 43rd Steet, Suite 559, New York, NY 10017
Located
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Business hours: 212-249-2073
Evenings and weekends:
917-575-9841
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New York Notary
Corporate Offices
130 William Street, Suite
526, New York, NY 10038
Directly
accross the street from the Department of State, walk in service
available
Business hours: 212-249-2073
Evenings and weekends:
917-575-9841 |
New
York Notary Public Law
New York Mobile
Notary Service adheres to the notary standards as set forth by the law
of the State of New York. Below is directly from the state site,
and may provide insight as to what a notary public in the State of New
York does.
Professional Conduct
Use of the office of notary in other than the specific,
step-by-step procedure required is viewed as a serious offense by the
Secretary of State. The practice of taking acknowledgments and
affidavits over the telephone, or otherwise, without the actual,
personal appearance of the individual making the acknowledgment or
affidavit before the officiating notary, is illegal.
The attention of all notaries public is
called to the following judicial declarations concerning such
misconduct:
“The court again wishes to express its
condemnation of the acts of
notaries taking acknowledgments or affidavits without the presence of
the party whose acknowledgment is taken for the affiant, and that it
will treat serious professional misconduct the act of any New York
notary thus
violating his official duty.” (Matter of Napolis, 169 App.
Div. 469, 472.)
“Upon the faith of these acknowledgments
rests the title of real
property, and the only security to such titles is the fidelity with
which notaries and commissioners of deeds perform their duty in
requiring the appearance of parties to such instruments before them and
always refusing to execute a certificate unless the parties are
actually known to them or the identity of the parties executing the
instruments is satisfactorily proved.” (Matter of Gottheim,
153 App. Div. 779, 782.)
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Equally unacceptable to the Secretary of State is slipshod
administration of oaths. The simplest form in which an oath
may be lawfully administered is:
“Do you solemnly swear that the
contents of this affidavit subscribed by you is correct and true?”
(Bookman v. City of New York, 200 N.Y. 53, 56.)
Alternatively, the following affirmation
may be used for persons
who conscientiously decline taking an oath. This affirmation is legally
equivalent to an oath and is just as binding:
“Do you solemnly, sincerely and truly
declare and affirm that the statements made by you are true and
correct?”
Whatever the form adopted, it must be in the presence of an officer
authorized to administer it, and it must be an unequivocal and present
act by which the affiant consciously takes upon himself the obligation
of an oath. (Idem, citing People ex rel. Kenyon v. Sutherland,
81 N.Y. 1; O'Reilly v. People, 86 N.Y. 154, 158,
161.)
Unless a lawyer, the New York notary
public may not engage directly or
indirectly in the practice of law. Listed below are some of the
activities involving the practice of law which are prohibited, and
which subject the notary public to removal from office by the Secretary
of State, and possible imprisonment, fine or both. A notary:
1. May not give advice on
the law.
The notary may not draw any kind of legal papers, such as wills, deeds,
bills of sale, mortgages, chattel mortgages, contracts, leases, offers,
options, incorporation papers, releases, mechanics liens, power of
attorney, complaints and all legal pleadings, papers in summary
proceedings to evict a tenant, or in bankruptcy, affidavits, or any
papers which our courts have said are legal documents or papers.
2. May not ask for and get
legal
business to send to a lawyer or lawyers with whom he has any business
connection or from whom he receives any money or other consideration
for sending the business.
3. May not divide or agree
to divide his fees with a lawyer, or accept any part of a
lawyer's fee on any legal business.
4. May not advertise in, or
circulate
in any manner, any paper or advertisement, or say to anyone that he has
any powers or rights not given to the notary by the laws under which
the New York notary was appointed.
A notary public is cautioned not to
execute an acknowledgment of
the execution of a will. Such acknowledgment cannot be deemed
equivalent to an attestation clause accompanying a will.
(See definition of Attestation Clause)
Executive Law
§130. Appointment of notaries public.
The New York Secretary of State may
appoint and commission as many notaries
public for the State of New York as in his or her judgment may be
deemed best, whose jurisdiction shall be co-extensive with the
boundaries of the state. The appointment of a notary public shall be
for a term of 4 years. An application for an appointment as notary
public shall be in form and set forth such matters as the Secretary of
State shall prescribe. Every person appointed as notary public must, at
the time of his or her appointment, be a citizen of the United States
and either a resident of the State of New York or have an office or
place of business in New York State. A notary public who is a resident
of the State and who moves out of the state but still maintains a place
of business or an office in New York State does not vacate his or her
office as a notary public. A notary public who is a nonresident and who
ceases to have an office or place of business in this state, vacates
his or her office as a notary public. A notary public who is a resident
of New York State and moves out of the state and who does not retain an
office or place of business in this State shall vacate his or her
office as a notary public. A non-resident who accepts the office of
notary public in this State thereby appoints the Secretary of State as
the person upon whom process can be served on his or her behalf. Before
issuing to any applicant a commission as notary public, unless he or
she be an attorney and counselor at law duly admitted to practice in
this state or a court clerk of the Unified Court System who has been
appointed to such position after taking a Civil Service promotional
examination in the court clerk series of titles, the Secretary of State
shall satisfy himself or herself that the applicant is of good moral
character, has the equivalent of a common school education and is
familiar with the duties and responsibilities of a notary public;
provided, however, that where a notary public applies, before the
expiration of his or her term, for reappointment with the county clerk
or where a person whose term as notary public shall have expired
applies within 6 months thereafter for reappointment as a notary public
with the county clerk, such qualifying requirements may be waived by
the New York Secretary of State, and further, where an application for
reappointment is filed with the county clerk after the expiration of
the aforementioned renewal period by a person who failed or was unable
to re-apply by reason of his or her induction or enlistment in the
armed forces of the United States, such qualifying requirements may
also be waived by the Secretary of State, provided such application for
reappointment is made within a period of 1 year after the military
discharge of the applicant under conditions other than dishonorable. In
any case, the appointment or reappointment of any applicant is in the
discretion of the Secretary of State. The Secretary of State may
suspend or remove from office, for misconduct, any notary public
appointed by him or her but no such removal shall be made unless the
person who is sought to be removed shall have been served with a copy
of the charges against him or her and have an opportunity of being
heard. No person shall be appointed as a notary public under this
article who has been convicted, in this State or any other state or
territory, of a felony or any of the following offenses, to wit:
(a) illegally using, carrying or
possessing a pistol or other dangerous weapon;
(b) making or possessing burglar's
instruments;
(c) buying or receiving or criminally
possessing stolen property;
(d) unlawful entry of a building;
(e) aiding escape from prison;
(f) unlawfully possessing or distributing
habit forming narcotic drugs;
(g) violating §§270, 270-a,
270-b, 270-c, 271, 275, 276, 550, 551,
551-a and subdivisions 6, 8, 10 or 11 of § 722 of the former Penal
Law
as in force and effect immediately prior to September 1, 1967, or
violating §§ 165.25, 165.30, subdivision 1 of § 240.30,
subdivision 3
of § 240.35 of the Penal Law, or violating §§478, 479,
480, 481, 484,
489 and 491 of the Judiciary Law; or
(h) vagrancy or prostitution, and who has
not subsequent to such
conviction received an executive pardon therefor or a certificate of
good conduct from the parole board to remove the disability under this
section because of such conviction. A person regularly admitted to
practice as an attorney and counselor in the courts of record of this
state, whose office for the practice of law is within the State, may be
appointed a notary public and retain his office as such notary public
although he resides in or removes to an adjoining state. For the
purpose of this and the following sections of this article such person
shall be deemed a resident of the county where he maintains such
office. New York Notary (click here)
§131. Procedure of appointment; fees and commissions.
1. Applicants for a notary public
commission shall submit to the
Secretary of State with their application the oath of office, duly
executed before any person authorized to administer an oath, together
with their signature.
2. Upon being satisfied of the competency
and good character of
applicants for appointment as notaries public, the New York Secretary
of State
shall issue a commission to such persons; and the official signature of
the applicants and the oath of office filed with such applications
shall take effect.
3. The New York Secretary of State shall
receive a non-refundable
application fee of $60 from applicants for appointment, which fee shall
be submitted together with the application. No further fee shall be
paid for the issuance of the commission.
4. A notary public identification card
indicating the appointee's
name, address, county and commission term shall be transmitted to the
appointee.
5. The commission, duly dated, and a
certified copy or the
original of the oath of office and the official signature, and $20
apportioned from the application fee shall be transmitted by the
Secretary of State to the county clerk in which the appointee resides
by the 10th day of the following month.
6. The county clerk shall make a proper
index of commissions and
official signatures transmitted to that office by the Secretary of
State pursuant to the provisions of this section.
7. Applicants for reappointment of a
notary public commission
shall submit to the county clerk with their application the oath of
office, duly executed before any person authorized to administer an
oath, together with their signature.
8. Upon being satisfied of the
completeness of the application for
reappointment, the county clerk shall issue a commission to such
persons; and the official signature of the applicants and the oath of
office filed with such applications shall take effect.
9. The county clerk shall receive a
non-refundable application fee
of $60 from each applicant for reappointment, which fee shall be
submitted together with the application. No further fee shall be paid
for the issuance of the commission.
10. The commission, duly dated, and a
certified or original copy
of the application, and $40 apportioned from the application fee plus
interest as may be required by statute shall be transmitted by the
county clerk to the Secretary of State by the 10th day of the following
month.
11. The Secretary of State shall make a
proper record of
commissions transmitted to that office by the county clerk pursuant to
the provisions of this section.
12. Except for changes made in an
application for reappointment,
the Secretary of State shall receive a non-refundable fee of $10 for
changing the name or address of a notary public.
13. The Secretary of State may issue a
duplicate identification
card to a notary public for one lost, destroyed or damaged upon
application therefor on a form prescribed by the Secretary of State and
upon payment of a non-refundable fee of $10. Each such duplicate
identification card shall have the word "duplicate" stamped across the
face thereof, and shall bear the same number as the one it replaces.
§132. Certificates of official character of notaries
public.
The New York Secretary of State or the
county clerk of the county in which
the commission of a notary public is filed may certify to the official
character of such notary public and any notary public may file his
autograph signature and a certificate of official character in the
office of any county clerk of any county in the State and in any
register's office in any county having a register and thereafter such
county clerk may certify as to the official character of such notary
public. The Secretary of State shall collect for each certificate of
official character issued by him the sum of $10. The county clerk and
register of any county with whom a certificate of official character
has been filed shall collect for filing the same the sum of $10. For
each certificate of official character issued, with seal attached, by
any county clerk, the sum of $5 shall be collected by him.
§133. Certification of notarial signatures.
The county clerk of a county in whose
office any New York notary public has
qualified or has filed his autograph signature and a certificate of his
official character, shall, when so requested and upon payment of a fee
of $3 affix to any certificate of proof or acknowledgment or oath
signed by such notary anywhere in the State of New York, a certificate
under his hand and seal, stating that a commission or a certificate of
his official character with his autograph signature has been filed in
his office, and that he was at the time of taking such proof or
acknowledgment or oath duly authorized to take the same; that he is
well acquainted with the handwriting of such notary public or has
compared the signature on the certificate of proof or acknowledgment or
oath with the autograph signature deposited in his office by such
New York notary public and believes that the signature is genuine. An
instrument
with such certificate of authentication of the county clerk affixed
thereto shall be entitled to be read in evidence or to be recorded in
any of the counties of this State in respect to which a certificate of
a county clerk may be necessary for either purpose.
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