Notaries public are commissioned by the Secretary of State. An applicant for a notary public commission must
submit to the Division of Licensing Services an original application and $60 fee. The application includes an oath of
office, which must be sworn and notarized. In addition to the application form and fee, the applicant must submit a
“pass slip” showing that s/he has taken and passed the notary public examination. Examinations are regularly
scheduled throughout the state. An individual admitted to practice in NYS as an attorney, may be appointed a notary
public without an examination. The term of commission is 4 years.
Notaries public are commissioned in their counties of residence. After receiving and approving an applicant for a
notary public commission, the Secretary of State forwards the commission, the original oath of office and the signature
of the notary public to the appropriate county clerk. The county clerk maintains a record of the commission and
signature. The public may then access this record and verify the “official” signature of the notary at the county clerk’s
office.
Upon request, county clerks will authenticate the signature of the notary on a document and will attest to the
notary’s authority to sign. This is normally obtained when the documents will be used outside the State. Notaries who
expect to sign documents regularly in counties other than that of their residence may elect to file a certificate of official
character with other New York State county clerks.
Out-of-State Residents. Attorneys, residing out of State, who are admitted to practice in the State and who maintain a
law office within the State are deemed to be residents of the county where the office is maintained. Nonresidents other
than attorneys who have offices or places of business in New York State may also become notaries. The oath of office
and signature of the notary must be filed in the office of the county clerk of the county in which the office or place of
business is located.