NY notary exam facts, with receipts
Every row below is a fact about the New York notary exam or commission, traced to its official source, almost all of them the Department of State itself. We re-verify the whole list quarterly because stale facts fail exams. Cite freely; the sources are the point.
Worth knowing first: the state reports exam results as pass or fail only and publishes
no official question count or passing percentage. The widely repeated “about 40 questions, 70% to
pass” comes from test takers and the New York Notary Alliance, and we always label it that way.
The exam and becoming a notary
- The NY notary public written exam is multiple choice, covering license law and general notary duties as outlined in the Notary Public License Law booklet.
- Source: NY DOS, July-December 2026 Notary Public Walk-In Written Examination Information and Schedule (PDF) · Covers July-December 2026
- Candidates get 1 hour to complete the exam, with time starting after instructions end.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- Results are reported only as passed or failed; DOS gives no numerical score, and its current official materials publish neither a question count nor a passing percentage.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- The exam is walk-in: no pre-registration, seats first-come/first-served, and late arrivals are turned away.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- DOS instructs candidates to arrive at least 15 minutes before the exam start time with the fee and photo ID.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- The exam fee is $15, payable by check, money order, MasterCard or Visa; cash is refused, fees are nonrefundable, and a returned check costs $20.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- At the exam you must show a current, government-issued, photo-bearing signature ID; the DOS list includes driver's license, non-driver state ID, military ID, US passport, Employment Authorization Card (issued by USCIS), a US INS-issued ID, certificate of US citizenship, foreign passport, IDNYC, Brazilian/Mexican/Honduran/Ecuadorian consular IDs, and the Mexico voter ID card.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- Candidates must bring two #2 pencils; pencils are not provided at the exam site.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- The July-December 2026 walk-in exam is offered in 13 locations: Albany, Binghamton, Buffalo, Carmel, Franklin Square (Nassau), Hauppauge (Suffolk), New York City (123 William Street, 2nd Floor), Plattsburgh, Pomona (Rockland), Rochester, Sanborn (Niagara), North Syracuse, and Utica.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- Exam results arrive by mail for both pass and fail; if you fail you may simply retake on another walk-in date of your choice.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- Exam results are valid for two years only.
- Source: NY DOS exam schedule PDF (July-Dec 2026); also stated on the DOS Notary FAQ page · Covers July-December 2026
- The exam is offered in Spanish, Haitian-Creole, Italian, Korean, Russian, and Chinese in addition to English; notify a proctor at the exam center.
- Source: NY DOS exam schedule PDF (July-Dec 2026) · Covers July-December 2026
- After passing, you apply for the commission online through a NY Business Express account (application DOS-0033), uploading a completed, notarized Oath of Office form (DOS-2201) during the application.
- Source: NY DOS, Become a Notary Public · No date shown on page; links to July-Dec 2026 schedule
- The initial application fee is $60 and renewal is also $60; other fees are $10 for a name/address change (waived for marital-status name changes) and $10 for a duplicate license, with all application fees nonrefundable.
- Source: NY DOS, Become a Notary Public · No date shown on page
- The commission term is 4 years, set by Executive Law section 130.
- Source: NY DOS, Notary Public License Law booklet, Executive Law §130 · March 2026 edition
- You must be a NY State resident or have an office or place of business in NY State; a resident notary who moves out of state but keeps a NY office keeps the commission, while one who keeps no NY office vacates it.
- Source: NY DOS, Notary Public License Law booklet, Executive Law §130 · March 2026 edition
- Besides passing the exam, the Secretary of State must find the applicant is of good moral character, has the equivalent of a common school education, and is familiar with a notary's duties; the statutes DOS publishes state no minimum age for notaries.
- Source: NY DOS, Notary Public License Law booklet, Executive Law §130 · March 2026 edition
- A conviction bars appointment unless the Secretary of State finds, under Correction Law Article 23-A, that the conviction does not bar it; DOS's FAQ adds that felonies generally disqualify, certain misdemeanors disqualify, and a pardon, certificate of relief from disabilities, or certificate of good conduct restores eligibility for consideration.
- Source: NY DOS License Law booklet Exec. Law §130; FAQ language at https://dos.ny.gov/notary-public-frequently-asked-questions · March 2026 edition (booklet); FAQ page undated
- NYS attorneys and Unified Court System court clerks (appointed after a Civil Service promotional exam in the court clerk title series) are exempt from the exam but still pay the $60 application fee.
- Source: NY DOS, Notary Public - Frequently Asked Questions · No date shown; page references Feb 1, 2023 e-notary changes
- Out-of-state attorneys admitted in NY who keep a NY law office are deemed residents of the county where the office sits and may be appointed notaries.
- Source: NY DOS, Notary Public License Law booklet, Introduction · March 2026 edition
- Applicants must submit a 'pass slip' proving they passed the exam along with the $60 application and sworn, notarized oath of office; the Secretary of State then forwards the commission, oath, and signature to the county clerk of the notary's county of residence.
- Source: NY DOS, Notary Public License Law booklet, Introduction · March 2026 edition
- A notary who applies for reappointment before the term expires, or within 6 months after expiration, can have the qualifying requirements (including the exam) waived by the Secretary of State.
- Source: NY DOS, Notary Public License Law booklet, Executive Law §130 · March 2026 edition
- Exam-room rules ban phones and electronics (must be off), dictionaries, books, reference materials, large bags, food and drink, visitors and children; there is no storage at exam centers, and cheating means dismissal.
- Source: NY DOS exam schedule PDF (July-Dec 2026), Exam Center Policies · Covers July-December 2026
The tested law
- The official DOS study publication is titled "Notary Public License Law," published by the New York Department of State, Division of Licensing Services; the current edition is dated March 2026 and is a 22-page PDF served at dos.ny.gov/notary-public-license-law-1 (file path notary-public-license-law_03.2026.pdf).
- Source: NYS DOS, Notary Public License Law (title page) · March 2026
- DOS states the exam is based on this booklet: exam topics are license law, general terms, and information on notary duties and functions as outlined in the "Notary Public License Law" booklet. The exam is multiple choice, 1 hour, $15 fee, offered in Spanish, Haitian-Creole, Italian, Korean, Russian and Chinese; results are pass/fail only and valid for two years.
- Source: NYS DOS, Notary Public Walk-In Written Examination Information and Schedule · July–December 2026 schedule
- The booklet is organized into: an Introduction; Professional Conduct; Appointment and Qualifications; Powers and Duties; Restrictions and Violations; the Rules and Regulations at 19 NYCRR Part 182 (Notaries Public, §§182.1–182.11); Definitions and General Terms; and a closing Schedule of Fees.
- Source: Notary Public License Law, table of contents (pp. 3-4) · March 2026
- Executive Law sections covered under Appointment and Qualifications and Powers and Duties: §130 (appointment), §131 (procedure of appointment; fees and commissions), §132 (certificates of official character), §133 (certification of notarial signatures), §134 (signature and seal of county clerk), §135 (powers and duties), §135-a (acting without appointment; fraud in office), §135-b (advertising), §135-c (electronic notarization), §136 (notarial fees), §137 (statement as to authority), §138 (notaries who are corporate stockholders/officers/employees), §140(14)(15) (removed NYC commissioners of deeds), and §142-a (validity of acts notwithstanding defects).
- Source: Notary Public License Law, contents p. 3 · March 2026
- Real Property Law sections covered: §290 (definitions; 'conveyance'), §298 (acknowledgments and proofs within the state), §302 (acknowledgments by married women), §303 (requisites of acknowledgments), §304 (proof by subscribing witness), §306 (certificate of acknowledgment or proof), §309-a and §309-b (uniform certificate forms within/without the state), §330 (officers guilty of malfeasance liable for damages), and §333 (when conveyances not to be recorded — English language requirement).
- Source: Notary Public License Law, contents p. 3 · March 2026
- Restrictions and Violations covers Judiciary Law §484 (none but attorneys to practice), §485 (violation a misdemeanor), §750 (courts' power to punish criminal contempt including unlawful practice of law), plus narrative sections on illegal practice of law by a notary and wills.
- Source: Notary Public License Law, contents p. 3 and pp. 13-14 · March 2026
- Public Officers Law sections covered: §3 (qualifications for holding office — draft-act conviction bar), §10 (oath of a public officer may be administered by a notary), §15 (acting before taking/filing oath of office is a misdemeanor), §67 (fees of public officers, with treble damages for overcharging), and §69 (no fee for administering certain official oaths).
- Source: Notary Public License Law, pp. 3, 13-14 · March 2026
- Also covered: Election Law §§3-200 and 3-400 (a commissioner or inspector of elections is eligible to be a notary), County Law §534 (each county clerk must designate at least one staff notary to notarize free of charge, exempt from the examination fee and application fee), and constitutional rules that a member of the legislature may be a notary but sheriffs may hold no other office.
- Source: Notary Public License Law, p. 7 · March 2026
- Penal Law provisions covered: §70.00 (felony sentences — class D max 7 years, class E max 4 years), §70.15 (class A misdemeanor max 1 year), §170.10 (forgery in the second degree, a class D felony), §175.40 (issuing a false certificate, a class E felony), §195.00 (official misconduct, a class A misdemeanor), plus notes that a notary must officiate on request and on perjury (willfully false sworn statements; §210.00 cited under Affidavit).
- Source: Notary Public License Law, pp. 4, 14-15 · March 2026
- A 'Special Note' block covers Banking Law §335 (notary present at opening of unpaid safe deposit box, files certificate, copy mailed to lessee within 10 days), CPLR Rule 3113 (depositions may be taken before a notary), Domestic Relations Law §11 (a notary has NO authority to solemnize marriages or take acknowledgments to a marriage contract), and Public Officers Law §10.
- Source: Notary Public License Law, p. 13 · March 2026
- Statutory fees a notary may charge per act (Exec. Law §136 and the booklet's Schedule of Fees): $2.00 for administering an oath or affirmation; $2.00 per person for taking and certifying an acknowledgment or proof of execution; $2.00 for swearing a witness thereto; $0.75 for a protest; $0.10 for each notice of protest (maximum 5); and, for electronic notarial acts, a fee set by regulation — fixed at $25 per electronic notarial act by 19 NYCRR 182.11(g).
- Source: Notary Public License Law, §136 (p. 10) and Schedule of Fees (p. 22) · March 2026
- Administrative/commission fees in the booklet: $60 non-refundable application fee (broken out as $40 appointment + $20 filing of oath, with $20 transmitted to the county clerk); $60 renewal and $60 electronic-notary registration; $15 written exam fee per sitting; $10 for change of name/address; $10 for a duplicate identification card (stamped 'duplicate'); $1 for issuing or filing a certificate of official character; $3 for a county clerk authentication certificate.
- Source: Notary Public License Law, §§131-133, 19 NYCRR 182.11, Schedule of Fees · March 2026
- Commission basics tested: the Secretary of State commissions notaries for a 4-year term with statewide jurisdiction; applicants must be NYS residents or have a NY office/place of business, be of good moral character, have the equivalent of a common school education, and pass the exam; NYS attorneys and Unified Court System court clerks (appointed after a promotional exam) are exempt from the exam; nonresident notaries appoint the Secretary of State as agent for service of process.
- Source: Notary Public License Law, Exec. Law §130 (p. 5) · March 2026
- The Professional Conduct section leads with the personal-appearance rule: taking acknowledgments or affidavits over the telephone or otherwise without the actual personal appearance of the individual before the notary is illegal and treated as serious misconduct (citing Matter of Napolis and Matter of Gottheim), and 'slipshod administration of oaths' is equally unacceptable to the Secretary of State.
- Source: Notary Public License Law, Professional Conduct (p. 5) · March 2026
- The booklet lists four numbered unauthorized-practice-of-law prohibitions for non-attorney notaries: (1) may not give legal advice or draw any kind of legal papers (wills, deeds, mortgages, contracts, leases, incorporation papers, pleadings, etc.); (2) may not solicit legal business for a lawyer for consideration; (3) may not split fees with a lawyer; (4) may not advertise or claim powers not given by law. Violations subject the notary to removal from office plus possible imprisonment or fine, and notaries are cautioned never to take an acknowledgment of a will.
- Source: Notary Public License Law, Professional Conduct (p. 5) · March 2026
- Misconduct provisions: Exec. Law §135-a makes it a misdemeanor to hold oneself out as a notary without appointment or to practice any fraud or deceit in office; §135 makes a notary liable to injured parties for all damages from misconduct; the Secretary of State may suspend or remove a notary for misconduct after service of charges and an opportunity to be heard, including for a material misstatement on the application or taking an oath to a statement the notary knew was false.
- Source: Notary Public License Law, Exec. Law §§130, 135, 135-a (pp. 6, 8, 14) · March 2026
- Conflict-of-interest disqualification: a notary who is a party to or directly and pecuniarily interested in a transaction cannot act; e.g., a grantee or mortgagee cannot take the grantor's/mortgagor's acknowledgment, and NY courts hold an acknowledgment taken by a financially or beneficially interested person to be a nullity. Exec. Law §138 carves out corporate stockholders/officers/employees, who MAY notarize for their corporation unless personally a party or financially interested.
- Source: Notary Public License Law, Disqualifications (p. 7) and §138 (p. 10) · March 2026
- Exec. Law §137 statement of authority: beneath the signature in black ink the notary must print/typewrite/stamp their name, the words 'Notary Public State of New York,' the county of original qualification, and the commission expiration date; NYC notaries must also affix their official number; attorneys may substitute 'Attorney and Counselor at Law'; willful failure to comply subjects the notary to discipline, but no notarial act is invalid for noncompliance; the notary's certificate is presumptive evidence in NY courts.
- Source: Notary Public License Law, Exec. Law §137 (p. 10) · March 2026
- Exec. Law §142-a validates notarial acts despite defects including ineligibility, misnomer, failure to take/file the oath, expired term, vacated office, or acting outside authorized jurisdiction — but not for a person who knew of the defect or where it was apparent on the certificate's face (within 6 months), and it never relieves the notary of criminal liability.
- Source: Notary Public License Law, Exec. Law §142-a (pp. 10-11) · March 2026
- Advertising rules (Exec. Law §135-b and 19 NYCRR 182.1): a non-attorney notary advertising in a foreign language must post the disclaimer 'I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice,' may not use terms like 'abogado' implying attorney status; violations carry a civil penalty up to $1,000, suspension on a second violation, and removal on a third.
- Source: Notary Public License Law, Exec. Law §135-b (p. 8) and 19 NYCRR 182.1 (p. 15) · March 2026
- Electronic notarization (Exec. Law §135-c and 19 NYCRR Part 182): the notary must be physically in New York, register with the Secretary of State ($60 fee), use approved communication technology, keep the audio-video recording for at least 10 years, keep records of all notarial acts for at least 10 years (19 NYCRR 182.9), and no notary or business may exclusively require electronic notarization; remote identification requires identity verification plus credential analysis plus identity proofing (NIST IAL2).
- Source: Notary Public License Law, Exec. Law §135-c (pp. 8-10) and 19 NYCRR 182.4-182.9 (pp. 16-18) · March 2026
- 19 NYCRR 182.5 defines 'satisfactory evidence of identity' for in-person signers: a valid, current government-issued photo ID with physical description and signature; OR at least two current documents from an institution/business/government bearing the signature; OR the notary's personal knowledge; OR the oath of one witness personally known to both; OR the oaths of two witnesses who know the individual and present qualifying ID.
- Source: Notary Public License Law, 19 NYCRR 182.5 (p. 17) · March 2026
- The 'Definitions and General Terms' glossary defines roughly 50 terms including: Acknowledgment, Administrator, Affiant, Affidavit, Affirmation, Apostile, Attest, Attestation Clause, Authentication (Notarial), Bill of Sale, Certified Copy, Chattel, Chattel Paper, Codicil, Consideration, Contempt of Court, Contract, Conveyance (Deed), County Clerk's Certificate, Deponent, Deposition, Duress, Escrow, Executor, Ex Parte, Felony, Guardian, Judgment, Jurat, Laches, Lease, Lien, Litigation, Misdemeanor, Mortgage on Real Property, Notary Public, Oath, Plaintiff, Power of Attorney, Proof, Protest, Seal, Signature of Notary Public, Statute, Statute of Frauds, Statute of Limitations, Subordination Clause, Sunday, Swear, Taking an Acknowledgment, Venue, and Will.
- Source: Notary Public License Law, Definitions and General Terms (pp. 19-22) · March 2026
- Key definitional distinctions the booklet stresses: an acknowledgment certifies identity and execution while an affidavit involves administering an oath; an affirmation is legally equivalent to an oath for those who decline to swear; a protest is a notary's sealed written statement that a bill of exchange or promissory note was presented and payment or acceptance refused; a notary has no authority to issue certified copies; oaths cannot be administered by telephone, to oneself, or to a corporation or partnership; a notary may notarize on Sunday but a civil deposition cannot be taken on Sunday.
- Source: Notary Public License Law, Definitions (pp. 19-21) · March 2026
- NY does not require notaries to use a seal: 'The laws of the State of New York do not require the use of seals by notaries public'; if one is used, the Department of State's opinion is the only required inscription is the notary's name and 'Notary Public for the State of New York.' A false certificate of acknowledgment is forgery in the second degree punishable by up to 7 years, and even absent criminal intent the falsely certified conveyance is invalid.
- Source: Notary Public License Law, Definitions: Seal (p. 21) and Acknowledgment (p. 19) · March 2026
Electronic notarization and records (2023 rules)
- Permanent electronic notarization took effect in New York on January 31, 2023, when the temporary Remote Ink Notarization (RIN) statute was repealed and replaced with the current Executive Law § 135-c, 'Electronic notarization.' RIN is no longer permitted after that date.
- Source: NY Department of State — Notary Public FAQ · Undated page (describes Jan 25/31 and Feb 1, 2023 changes)
- The implementing regulations, 19 NYCRR Part 182 (new sections 182.2 through 182.11), became effective January 25, 2023, six days before the statute's electronic notarization provisions.
- Source: NY DOS Public Notice of Adoption (rule text) · Posted January 2023; notes proposed rulemaking published July 27, 2022
- Electronic notary registration opened February 1, 2023 via a new DOS online license system, announced in a press release dated January 31, 2023.
- Source: NY DOS press release: Electronic Notary License System launch · January 31, 2023
- Traditional and electronic notaries are distinct license types you cannot 'convert' between: a commissioned notary must apply separately for an electronic notary commission, and once issued, the traditional license is automatically cancelled and the new e-notary ID number must be used on all notarizations.
- Source: NY Department of State — Notary Public FAQ · Undated page
- An electronic notary commission covers both kinds of work: it authorizes the holder to perform electronic (remote online) notarial services AND traditional in-person notary services.
- Source: NY Department of State — Notary Public FAQ · Undated page
- Under Executive Law § 135-c(3)(a), no notary may perform electronic notarial acts before registering with the Secretary of State; 19 NYCRR 182.10(b) requires the registration to include the notary's commissioned name and address, commission expiration and signature, email, a description of the electronic signature technology, and an exemplar of the electronic signature.
- Source: NY Senate — Executive Law § 135-c (statute text) · Most recent revision shown: 2023-07-07
- The 2023 record-keeping (journal) requirement applies to ALL New York notaries, including traditional-only notaries, starting January 25, 2023, with a 10-year retention period.
- Source: NY Department of State — Notary Public FAQ · Undated page
- 19 NYCRR 182.9 specifies what the records must contain, made contemporaneously with each act: date, approximate time and type of act; name and address of each individual; number and type of services; type of credential used (including witness names where witnesses identify the signer); verification procedures used; and, for electronic acts, the communication technology, certification authority, and verification providers used. Records must be retained at least ten years and be producible to the Secretary of State.
- Source: 19 NYCRR 182.9 (NY DOS rule text, Notice of Adoption) · Posted January 2023; effective January 25, 2023
- Electronic notaries must additionally keep an audio-video recording of each electronic notarial act, retained at least ten years from the date of transaction, capturing the complete notarial act, all required signatures, and a verbal description of the type of identification used, while excluding personally identifiable information not subject to the recordkeeping rules.
- Source: 19 NYCRR 182.8(b) (NY DOS rule text, Notice of Adoption) · Posted January 2023; effective January 25, 2023
- ID verification for a remote signer not personally known to the notary requires ALL THREE of: (1) identity verification per 182.5(b) (e.g., front and back of a valid, current, photo-and-signature government ID viewed via the communication technology), (2) credential analysis by a third-party service, and (3) identity proofing by a third-party credential service provider. Identity proofing must meet at least NIST Identity Assurance Level 2 (SP 800-63-3). Personal knowledge by the notary is an alternative satisfactory basis.
- Source: 19 NYCRR 182.5(c)-(d), 182.6, 182.7 (NY DOS rule text) · Posted January 2023; effective January 25, 2023
- The e-notary must be physically located in New York when performing the act (the signer can be anywhere, with extra verbal verification required if the signer is outside the US), and must use a network permitting location detection with no location-masking during the act.
- Source: 19 NYCRR 182.4(a)(3)-(4) (NY DOS rule text) · Posted January 2023; effective January 25, 2023
- Same facts, but cite the $2 figures to Executive Law § 136 (oaths/acknowledgments at $2, reprinted in the License Law booklet) and to the DOS notary FAQ (which states $2 for preparing a certificate of authenticity as a notarial act), since 19 NYCRR 182.11(f) only cross-references § 136 without stating the amount.
- Source: 19 NYCRR 182.11 (NY DOS rule text); $2 papering-out fee confirmed in DOS FAQ · Posted January 2023; effective January 25, 2023
- The current official Notary Public License Law publication (March 2026 edition, issued under Secretary of State Walter T. Mosley) fully incorporates the 2023 changes: it reprints the complete text of Executive Law § 135-c 'Electronic notarization' and the complete 19 NYCRR Part 182 (sections 182.1 through 182.11, including Recordkeeping and Reporting and Fees) alongside the traditional statutes.
- Source: NY DOS — Notary Public License Law publication · March 2026 (cover date)
- Same facts, with two citation fixes: source the attorney/court-clerk exam exemption to Executive Law § 130 (reprinted in the March 2026 License Law booklet), and cite DOS's current exam information page or the latest schedule PDF rather than the January–March 2025 schedule, which is a superseded quarterly document (its exam-facts language remains accurate and matches 19 NYCRR 182.11(d)).
- Source: NY DOS — Notary Public Walk-In Examination Schedule and Exam Information · January–March 2025 schedule (current-format document; same wording distributed with 2026 schedules)
- The statute contains two protections worth noting: no notary or business employing a notary in NY may exclusively require electronic notarization (§ 135-c(8)), and no notary is required to perform notarial acts electronically (§ 135-c(9)); county clerks and recording officers must accept 'papered out' tangible copies of electronically notarized records certified by a notary (§ 135-c(6)(d)).
- Source: Executive Law § 135-c(8), as reprinted in the NY DOS License Law publication · March 2026 (publication date)
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