Notarization

Where to Find a Notary Public in New York

Notarization is one of the recurring steps behind the paperwork covered in New York vital records, IDs, and name changes. This article covers who holds a New York notary commission, where notaries are normally available, how to confirm a commission is real before signing, what the state allows a notary to charge, and how remote electronic notarization works.

Who is authorized to notarize documents in New York

A notary public in New York is a licensee of the Department of State, not an employee of a court. Under N.Y. Exec. Law § 130, the Secretary of State appoints notaries whose jurisdiction is “co-extensive with the boundaries of the state,” and each appointment runs for a term of four years. A notary commissioned in Erie County can therefore notarize a signature in Brooklyn, and a notary commissioned in Queens can notarize one in Syracuse.

Every notary must be a New York resident at the time of appointment or maintain an office or place of business in the state. A resident notary who moves away and keeps no New York office vacates the commission. Attorneys admitted in New York and certain Unified Court System court clerks are appointed without taking the notary examination, according to the Department of State’s notary FAQ.

The functions themselves are narrow. The Department of State’s notary public page lists them as administering oaths and affirmations, taking affidavits and depositions, receiving and certifying acknowledgments or proofs of instruments such as deeds and powers of attorney, and protesting bills of exchange and promissory notes. Anything beyond that list is outside the office.

Where to find a notary public near you

Notaries are common wherever documents are signed for money. The Department of State notes that many banks, law offices, and other institutions dealing in financial or real property transactions employ commissioned notaries on staff. For an account holder, a bank branch is often the first place to check, and some banks waive the fee for their own customers.

Government offices are the second reliable source. Each county clerk’s office holds the commission record and autograph signature of every notary commissioned in that county, and county and municipal offices routinely employ notaries of their own. Town and village clerks, city clerks, and court clerks’ offices frequently have someone commissioned on site. Hours and walk-in availability vary by office, so calling ahead avoids a wasted trip.

Beyond those, notary service is commonly offered at shipping and mailbox stores, credit unions, tax preparation offices, and some public libraries. Charges at private businesses can exceed the statutory notarial fee when the business bills separately for printing, scanning, or a travel visit, so asking about the total before the appointment is worthwhile.

How to verify a notary’s commission

New York publishes its notary roster. The Department of State’s search of commissioned NYS notaries public routes to the state’s Open Data platform, where the file of commissioned notaries can be browsed, filtered, sorted, and exported, and is also reachable through an API. Residence addresses are excluded from that database under privacy law, so the record shows commission details rather than a home address.

The county clerk is the second check, and it is the one that matters for documents headed to a recording office or a court. Under N.Y. Exec. Law § 132, the Secretary of State or the county clerk where a notary’s commission is filed may certify to the notary’s official character. A county clerk issues that certificate with seal attached for $5, the Secretary of State charges $1 for a certificate of official character, and filing a certificate of official character with a county clerk or register costs $10. The clerk keeps the notary’s filed signature, so the public can compare the signature on a document against the official one.

A notarization performed by someone who was not actually commissioned is not automatically void. Section 142-a of the Executive Law provides that a document notarized by a person who was not commissioned is generally not deemed invalid for that reason alone, as the Department of State FAQ explains. That is a safety valve, not a substitute for using a commissioned notary.

What a notary can charge in New York

Notarial fees are capped by statute. N.Y. Exec. Law § 136 entitles a notary to $2.00 for administering an oath or affirmation and certifying it, and $2.00 for taking and certifying the acknowledgment or proof of execution of a written instrument by one person, plus $2.00 for each additional person and $2.00 for swearing each witness. Fees for electronic notarial services are set separately by regulation of the Secretary of State under the same section.

Certifying a paper copy of an electronically notarized record, the step commonly called “papering out,” is itself a notarial act and carries the same $2.00 fee, per the Department of State’s notary FAQ.

Remote and electronic notarization in New York

New York authorizes electronic notarization under N.Y. Exec. Law § 135-c, and notaries began registering as electronic notaries with the Department of State on February 1, 2023. An electronic notary interacts with the signer live, in real time, over audio-video communication technology, and the statute treats that appearance as satisfying any legal requirement that the signer personally appear before the notary.

Two limits shape who can use it. The notary must be physically located within New York State at the time of the act, regardless of where the signer is. And if the signer is outside the United States, the record has to relate to a matter before a United States court, public official, or governmental entity, or involve property or a transaction substantially connected with the United States.

The recordkeeping obligation is unusually long. When audio-video technology is used to establish the signer’s identity, the electronic notary keeps a copy of the recording for at least ten years from the date of the transaction under N.Y. Exec. Law § 135-c(2)(b).

A county clerk, city registrar, or other recording officer must accept a tangible copy of an electronic record for recording when a notary has certified it, so an electronically notarized deed or affidavit can still be filed at a counter that has no electronic filing system.

What to bring, and what a notary cannot do

The appointment itself is short. Most of the friction comes from arriving with a document already signed or without acceptable identification.

  1. Leave the signature blank

    The notary witnesses the signature or takes the signer’s acknowledgment of it. Bring the document complete but unsigned unless the notary directs otherwise for an acknowledgment, where the signer confirms an earlier signature as their own.

  2. Bring current photo identification

    The identification methods for an electronic notarization are the same as those for a paper notarization under N.Y. Exec. Law § 135-c(2)(a). A driver license, non-driver ID, or passport is standard; a notary who personally knows the signer may rely on that knowledge.

  3. Bring any witnesses the document requires

    Some instruments call for subscribing witnesses in addition to the notary. Witnesses sworn by the notary carry their own $2.00 charge under N.Y. Exec. Law § 136.

  4. Ask about extra copies before you leave

    Each acknowledgment or oath is a separate notarial act with its own fee. Handling all copies in one visit avoids a second appointment, which matters most for records ordered by mail, such as a New York death certificate request or a name change petition in New York that has to be verified before filing.

A notary who is not an attorney cannot give legal advice, and New York polices that line in advertising. N.Y. Exec. Law § 135-b requires a non-attorney notary who advertises in a language other than English to post, in that language, the statement “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,” and it bars foreign-language terms implying the notary is a licensed attorney. Violations carry a civil penalty of up to $1,000, with suspension available on a second violation and removal on a third.

That rule exists because in much of Latin America a “notario público” is a trained lawyer, and the mismatch has been used to sell immigration services. USCIS lists “notarios públicos” among common immigration scams and warns that a notary public in the United States is not authorized to provide legal services related to immigration.

Documents bound for use in another country need a further step after notarization. The Department of State issues apostilles and certificates of authentication only for public documents signed by a New York State official or a county clerk, which is why a notarized document generally goes to the county clerk for certification first and then to the Department of State.

Frequently asked questions

Can any New York notary notarize my document, or does it have to be one from my county?

Any commissioned New York notary may act anywhere in the state. N.Y. Exec. Law § 130 makes a notary’s jurisdiction co-extensive with the state’s boundaries. The county of commission matters for a different purpose: the county clerk where the commission is filed is the office that certifies the notary’s official character when a recording office or court asks for it.

How much does a notary cost in New York?

$2.00 per notarial act for paper notarizations. N.Y. Exec. Law § 136 sets $2.00 for administering an oath or affirmation and $2.00 for taking an acknowledgment or proof of execution by one person, with $2.00 more for each additional person and for swearing each witness. Fees for electronic notarial services are set by regulation. Travel, printing, and platform charges are separate commercial fees.

How do I check that someone is really a notary?

Two records exist. The Department of State publishes the roster of commissioned notaries through its Open Data notary search, and the county clerk where the commission is filed holds the notary’s oath of office and autograph signature and can certify the notary’s official character for $5 with seal attached under N.Y. Exec. Law § 132.

Is online notarization valid in New York?

Yes, when performed by a notary who registered with the Department of State as an electronic notary. N.Y. Exec. Law § 135-c authorizes electronic notarial acts using audio-video communication technology and treats the remote appearance as satisfying personal-appearance requirements. The notary must be physically in New York at the time, and the audio-video recording is retained for at least ten years.

Does a notarized document ever have to be notorized again for another state or country?

Not re-notarized, but often authenticated. For use abroad, the Department of State issues an apostille or certificate of authentication on public documents signed by a New York State official or county clerk, which usually means county clerk certification of the notary first. Requirements for use in another state depend on that state’s recording or filing office.

Do DMV transactions need a notary in New York?

Most do not. New York vehicle paperwork is generally signed without notarization, and the steps that apply are covered in the guide to transferring a car title in New York. Affidavits filed to correct or replace a record are the common exception, since an affidavit is sworn before a notary by definition.

Sources

See also: New York Death Certificate: Who Can Order One and How. See also: New York Name Change: Court Petition, Fees, and Filing.
Not legal advice. Statuteworks publishes procedural reference guides intended to help you understand how legal processes work. Laws and procedures change. For advice about your specific situation, consult a licensed attorney in your state. Read our editorial process →