Notaries public in New York are commissioned by the Secretary of State of New York after passing a short examination in law and procedure and submitting an application for appointment accompanied by the proper fees. [1] 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. [2]
Notaries public must be residents of the state or have an office or place of business in the state. [3] [4] Attorneys at law with the exception of taking and passing the initial, written notary examination, must follow the same appointment and re-appointment process as non-lawyers; lawyers are not automatically appointed as notaries because they are licensed as lawyers. [4] Someone who is a commissioner or inspector of elections may also be a notary. [5] County clerk employees may be appointed a notary without submitting the customary fees; however, the written examination is required. [6] A state legislator may also be a notary, without any conflict of interest. [7] Since the passage of the Married women's property acts in the mid-19th century, a married woman can be a notary. [4] [8]
Certain persons cannot be commissioned as a notary public in New York. [4] These include a non-citizen, [3] someone who has neither a residence nor a business in New York, [3] a person convicted of certain felonies, [3] a person removed from office as notary or commissioner of deeds, [9] and a convicted draft dodger. [10] The State Constitution prohibits (the) elected Sheriffs from holding any other office; sheriffs may not be appointed notaries. [4] [11] The collateral consequences of certain criminal conduct may be relieved upon the issuance of a certificate of good conduct by the parole board or an executive pardon by the governor.
New York notaries are empowered to administer oaths and affirmations (including oaths of office), [12] to take affidavits and depositions, [13] to receive and certify acknowledgments or proofs (of execution) of deeds, mortgages and powers of attorney and other instruments in writing. [4] [14] Notaries may also demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing. [4] [15] Other powers include required attendance at the forced opening of an abandoned safe deposit box to observe the opening and conduct and provide a written inventory of the contents. [16]
New York notaries may not issue certified copies of publicly recordable documents (i.e. birth certificate, marriage certificate, bankruptcy discharge, divorce decree, etc.); notably (as emphasized by official publications) they may not certify copies of documents (for instance, "I hereby certify that this is a true and correct copy...," is beyond the authority of a New York notary). However, a notary may issue a notarial copy certification in which the document custodian signs and swears to the authenticity of the original and facsimile document. New York notaries, including attorney-notaries, may not solemnize marriages in a civil ceremony. In New York state, a notary is not required for a testator to write or execute a last will and testament. New York law requires two witnesses, who do not need to be notaries, to attend and observe the will signing ceremony; subsequent to the execution by both testator and subscribing witnesses, these witnesses may then swear to the mental competence of the testator and other factors associated with the execution ceremony. A notary may, upon request, take a "self-proving affidavit" or an "affidavit of execution" sworn to and signed by the testator and the two (subscribing) witnesses, which will serve as formal proof and testimony of the proper will execution in the probate process at the county surrogate.. [17]
New York notaries are not ordered to possess or use official marking stamps or seals of any kind. In lieu of a traditional inked stamp, New York notaries must handwrite, typewrite or print, below the official signature, the "statement of authority": commissioned name; the words "Notary Public State of New York"; the county in which they are qualified (the county in which the county clerk records a signed and sworn oath of office); commission expiration date. Most New York notaries possess and use some form of marking stamp and/or official embossing seal. It is considered a best practice, however, for a professional notary to incorporate the use of a marking inked stamp and official embossing seal. [18]
A notary commission is granted for a four-year term. Other than the prequalification written examination, no continuing education is required during the term. Both initial and reappointment applications require a $60.00 application fee ($40.00 for the appointment and $20.00 for filing of the oath of office). The application for reappointment is sent by US mail to every notary approximately three months prior to the term expiration. No reexamination is required if the application for reappointment is returned during the six-month grace period after the date of expiration; a twelve-month grace period extends from the date of discharge of a member of the United States military. [19]
JANE DOE Notary Public, State of New York Registration No. XXXXXXXXXXX Qualified in Albany County Commission Expires December 31, 20XX
The customary "statement of authority" marking stamp data for placement below the signature of the official signature of a notary; however, this information may be handwritten, typed or printed beneath the signature of a notary - a stamp is not required.. [20]
Notaries may collect $2.00 to administer an oath or affirmation (but not an oath of office) and to take an acknowledgment or proof of execution. Many notaries elect to waive the fee, especially if working within the employ of a private or public employer. [21] Each county clerk also has a notary on duty in the clerk's office to serve the public at no charge. Travel expense charged is a separate fee, unregulated by law, and is privately negotiated between the notary and client.
As of April, 2017, New York State had approximately 291,000 commissioned notaries public.
Cities in the State of New York appoint and commission an officer called a Commissioner of Deeds, which can be applied for with the respective City Clerk's office and is appointed by the City Council. These local officials possess limited powers and the acts performed by them may not be accepted in some states or international destinations.
An affidavit is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notaries public, their common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialized education but without qualifications in advocacy, procedural law, or the law of evidence, somewhat comparable to solicitor training in certain common-law countries.
A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.
The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). The Apostille Convention is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in the other contracting states of the Convention. A certification under the Convention is called an apostille or Hague apostille. An apostille is an international certification comparable to a notarisation, and may supplement a local notarisation of the document. If the Convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document, and removes the need for further certification by the destination state.
In the United States, a medallion signature guarantee is a special signature guarantee used primarily when a client transfers or sells US securities. It is an assurance by the financial institution granting the guarantee that the signature on the transaction is genuine and that the guarantor accepts liability for any forgery.
A holographic will, or olographic testament, is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdictions throughout history. For example, some jurisdictions historically required that a holographic will had to be signed by witnesses attesting to the validity of the testator's signature and intent.
A certified copy is a copy of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document.
A sworn declaration is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of perjury.
The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is the only appointed constitutional member of the executive branch of the Oklahoma state government. The office of Secretary of State was elective from statehood until 1975 when the Constitution was amended and it became an appointive office, running concurrent with the Governor effective in 1979.
An eschatocol, or closing protocol, is the final section of a legal or public document, which may include a formulaic sentence of appreciation; the attestation of those responsible for the document, which may be the author, writer, countersigner, principal parties involved, and witnesses to the enactment or the subscription; or both. It also expresses the context of the documentation of the action described therein, i. e., enunciation of the means of validation and indication of who is responsible to document the act; and the final formulae.
A Commissioner of Deeds is an officer having authority to take affidavits, depositions, acknowledgments of deeds, etc., for use in the state by which the person is appointed. The office is similar to that of Notaries Public; thus, commissioners of deeds generally authenticate their acts with some type of official seal.
A notary public in the Commonwealth of Pennsylvania is an appointed official who acts as an impartial witness and helps defend against fraud.
An eNotary is a Notary Public who notarizes documents electronically. One of the methods employed by eNotaries is the use of a digital signature and digital notary seal to notarize digital documents and validate with a digital certificate. Also known as remote online notarization (RON), electronic notarization is a process whereby a notary affixes an electronic signature and notary seal using a secure Public key to an electronic document. Once affixed to the electronic document, the document is rendered tamper evident such that unauthorized attempts to alter the document will be evident to relying parties. The e-notary will use cryptography and Public key infrastructure to create, manage, distribute, use, store, and revoke the digital certificate. E-Notary will improve the overall security of the closing process with improved customer file tracking and knowledge-based identification authentication, helping to reduce the frequency of errors or fraud. The Electronic Notary also must keep an electronic register of each act performed.
In the U.S. state of Florida, a notary public is a public officer appointed by the governor of the state to take acknowledgments, administer oaths, attest to photocopies of certain documents, solemnize marriage, protest the non-acceptance or non-payment of negotiable instruments, and perform other duties specified by law.
A clerk is a senior official of many municipal governments in the English-speaking world. In some communities, including most in the United States, the position is elected, but in many others, the clerk is appointed to their post. In the UK, a town or parish clerk is appointed by the town or parish council members. In almost all cases, the actual title of the clerk reflects the type of municipality they work for; thus, instead of simply being known as the clerk, the position is generally referred to as the town clerk, township clerk, city clerk, village clerk, borough clerk, board secretary, or county clerk. Other titles also exist, such as recorder and corporate officer. The office has existed for centuries, though in some places it is now being merged with other positions.
A jurat is a clause at the foot of an affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made.
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary widely from state to state and in most cases, a notary is barred from acting outside his or her home state unless they have a commission there as well.