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To become a Notary Public in New York State, you must take several steps. Firstly, you must pass an exam. Here, at Notary New York, we train you to do just that.

A Credible Witness in the Notary Process

February 19th, 2025 by Harrison Carroll

Credible Witness

A credible witness is an integral part of the notary process. It does a very essential role of validating the identity of individuals in court documents. Especially when they can’t do that through usual procedures. A credible witness, as it relates in notary practice, is one who may testify as to a signer’s identity based on personal knowledge or through other good and sufficient sources. The witness’ role is central in ensuring the genuineness of the notarized documents and that all the concerned parties are acting voluntarily and with the requisite legal status. Further information regarding notarial duties and obligations can be learned by visiting the New York Department of State.

Definition and Importance

Attesting witness means an individual who personally knows the individual whose identity must be verified. They must be able to provide testimony that they know the individual. And, that the individual is who he or she claims to be. When an individual cannot provide an ID (i.e., driver’s license or passport), a notary public can use a credible witness to verify the identity of the person.

Qualifications of a Credible Witness

The notary public may not always have the ability to accept anyone at all as a credible witness. The witness must have qualifications to ensure their reliability:

Personal Knowledge of the Signer: A reliable witness must have personal knowledge of the person whose identity is being attested. This knowledge is enough to confirm that the person is who he or she claims to be.

No Interest in the Transaction: The credible witness should have no direct interest in the transaction or document. This makes the witness unbiased and not prejudiced. Furthermore, their statement is not influenced by any potential benefit from the notarization. This impartiality guards against fraud and makes the process of notarization moral.

Ability to Take an Oath:

The witness, a credible witness in this instance, should have the competence to take an oath and give accurate, truthful evidence. The witness can swear or take an oath under penalty of perjury to assert that the signatory in front of him/her is who they say they are, thereby supporting the validity and integrity of the notarization process. Perhaps you will consider reading our Administration of an Oath article.

Identification of Their Own:Occasionally, credible witnesses themselves must provide some form of identification, such as a government ID. This is to establish their identity and that they are who they say they are. The notary public may record the witness’s identification information, including the type of ID presented and the number, as part of the record. . Best practice is also to have the client sign your notary journal at all times.

Compliance to State Laws:

The witness, a credible witness in this instance, should have the competence to take an oath and give accurate, truthful evidence. The witness can swear or take an oath under penalty of perjury to assert that the signatory in front of him/her is who they say they are, thereby supporting the validity and integrity of the notarization process.

Conclusion

A proper witness is an important part of the notarization process. It helps verify the identity of a signer, and the document then becomes legal and valid. Their services come in handy when the document’s signer lacks valid identification. When a witness is acquainted with the signer and impartial to the transaction, then the notary checks that all parties involved are properly identified. Thus, that the notarization lends integrity. The conditions of a credible witness are clear. They emphasize the aspect of personal knowledge, impartiality, and the ability to take an oath. The use of credible witnesses provides an added level of security. It also lends legitimacy in the notarization process, which further increases the confidence in legal and financial transactions.

A Client Should Sign Your Notary Journal

January 13th, 2025 by Harrison Carroll
A Client should sign your notary journal

A client should sign your notary journal. In many jurisdictions, notaries must maintain a journal of notarial acts. One of the important steps in this process is having the client sign the journal. This practice is not just a bureaucratic formality; it serves several key purposes. It helps protect all parties involved—most notably the notary, the client, and the public at large. Below, we explore why it is essential for a notary client to sign the notarial journal. We have another blog article that describes what to record in a Notary Journal

Legal Protection and Accountability

The primary reason a notary requires a client to sign the journal is to establish a record of the notarial act. This ensures legal protection for both the notary and the client. By signing the journal, the client acknowledges that they are voluntarily submitting to the notarial process. The notary can then verify that the client is indeed the person they claim to be. This helps prevent any potential fraud or misrepresentation. If any issues or disputes arise later regarding the notarized document, it serves as a critical piece of evidence. In the event of a legal challenge, a signed journal entry proves that the notary followed proper procedures. Thus, it reduces the likelihood of liability for any errors or omissions.

Deterrent to Fraudulent Activities

The act of signing the journal also creates a deterrent against fraudulent activities. When a client signs, it signals that they understand the notarial process. A signature creates an additional layer of accountability because it can be cross-referenced with other records in case of suspected fraud. Fraudulent individuals are less inclined to commit crimes such as identity theft or document falsification when they know there is a formal, signed record that can be traced back to them. This simple act of signing can significantly reduce the opportunity for illegal or unethical activities to occur. You can visit the New York Department of State to learn more about fradulent activitis.

Documenting Consent

A notary’s role is to verify that the signer is acting of their own free will and is not being coerced. When the client signs the journal, they are also affirming that they are entering into the transaction voluntarily and without duress. This notarial procedure helps to protect against claims of a document executed under fraudulent or forced conditions. It provides an added layer of proof that the client consented to the notarization. This is important in case of disputes about the document’s validity.

Creating an Audit Trail

A signed journal entry creates a traceable audit trail that records the details of the notarial act. It includes the date, time, type of document, and the identity of the individual. This not only serves as a safeguard for the notary but also provides a transparent record. For example, if a challenge arises to the authenticity of a document or to the notarial process itself, a signed journal verifies that the proper steps were taken. An audit trail is especially useful in complex legal or financial matters, where establishing the timeline and context of the notarial act is crucial.

Enhancing Trust and Professionalism

Having the client sign the notarial journal also enhances the overall professionalism of the notarial process. It helps the notary maintain an organized, thorough record of their activities, which is vital for maintaining credibility. Clients who see the notary keeping such detailed records are more likely to trust the notary’s expertise and integrity. This practice also fosters a sense of professionalism that reflects well on the notary’s business.

Conclusion

In conclusion, having a client sign the notarial journal is a fundamental practice that serves multiple purposes. T protects the notary from potential liability. It helps prevent fraudulent activities. It documents the client’s consent, creates an official audit trail, and enhances the professionalism of the notary’s services. These benefits help ensure that the notarization process is transparent, secure, and legally sound. As such, this practice is not only a legal requirement in many places, but also a necessary measure to maintain the integrity of the notarization system as a whole. At Notary New York, we teach people how to become a notary in New York.

Stamp Tip for a Notary in New York

May 8th, 2024 by Harrison Carroll

Notary Stamp Tip –

Notary Stamp

This article contains a very good notary stamp tip. Let’s say you just received your “passed slip” in the mail from the New York Secretary of State. That means you are now commissioned as a New York Notary. Purchasing a notary stamp is critical for anyone commissioned as notaries public. The notary stamp is sometimes called a notary seal or embosser. It is an indispensable tool used to authenticate documents. It imprints the notary publics official seal onto them. Below we provide a good stamp tip for a notary in New York. We also have an entire article devoted to what information you need to have on your Notary Stamp.

So, the next step is to purchase a notary stamp. This is the stamp you will use to complete notarial service on the documents you notarize. There are many other options at your disposal for purchasing your stamp. They range from office supply stores and online retailers. There are also companies specifically in business to supply notaries public.  Many local printing shops can even help you. You should consider convenience, cost, and the repute of the business before choosing where to get your stamp. Regardless of where you purchase it, it’s important to make sure that the notary stamp meets all legal considerations and specifications required by the state that has commissioned you.

As we stated, there are many places where you can order your stamp. Most Office Depot stores can help you. We recommend Office Depot because they are conveniently located to the residence of most notaries. In addition, there are numerous places online who specialize in providing this service. One of our favorites is notarystamp.com. They offer a wide variety of styles at a fair price.

So, Here Is The Tip

Here is our best tip for a New York notary when ordering your stamp. Leave your commission expiration date blank. In New York, your notary commission expires every four years. So, by leaving this line blank on your stamp, you avoid having to buy a new stamp every four years. Instead, you will only need to purchase a new stamp when the ink runs out. It saves you time and money.

We feel this is a great tip for anyone who wishes to become a notary in New York. And, if you do wish to train to pass the New York notary exam, visit our home page and find out how we can help you prepare to do so.

More New York Notary Exam Questions

March 7th, 2024 by Harrison Carroll
Notary Sample Test

Here are a few more New York Notary Exam questions. These are in addition to our previous blog article that also reflects the types of New York notary test questions potentially asked. Now, we don’t know what you will be specifically on your test. But, we do know what the State is looking for, in terms of your knowledge. As stated in our previous blog, all the test questions derive from the New York State Notary License law. If you want to download a copy of the law, visit the New York State’s website.  Once there, scroll down to the link – Laws, Rules and Regulations. You will find a downloadable file in PDF format. Anyway, Check out the questions below.

New York Notary Exam Sample Questions

  • When does a notary’s commission expire?
    A) Two Years
    B) Four Years
    C) Six Years
    D) Never
    The answer is: B – Four Years
  • Who maintains a record of a notary’s signature, which is made available to the public?
    1. The Secretary of State
    2. The Town Clerk
    3. The County Clerk
    4. Nobody
    The Answer is: C – The County Clerk
  • Can a County Sheriff in New York be a Notary?
    The Answer is: No
  • If convicted of a criminal offense, can you still become a notary. Yes or No.
    But, only with a pardon from a parole board.
  • What is the fee for obtaining one’s notary license?
    The current fee is $60.
  • The Secretary of State in New York is not allowed to appoint more than 1000 notaries in a year. True or False.
    This is False. He or she can appoint any number of notaries they wish to appoint.
  • An attorney in New York is still required to take the Notary exam. True or False.
    This is False.
  • Who issues a Notary Public’s commission?
    The answer is: The Secretary of State in New York
  • When a New York Notary Public certifies a document, that document’s accuracy is now guaranteed. True of False.
    The answer is False. A notary does not guarantee the accuracy of a statement that exist in the document.
  • What is the term used to describe a person who receives service from a notary public?
    The answer is: Constituent.

The exam will have 40 questions. The questions give you an idea of what the state may look for. We can help you prepare more thoroughly in our training course. Should you desire to become a New York Notary, we can prepare you for the exam. Feel free to read our blog on How Difficult the New York Notary Exam is. Another of our blog articles which you may find interesting is titled, Choosing a Notary Training Course. A training program can facilitate your exam preparation.

How difficult is the New York Notary Exam

February 15th, 2024 by Harrison Carroll
Notary Exam

People often ask us, “How difficult is the New York Notary Exam.” Well, that depends on the individual, and how much they study. The New York Notary Exam is a rather difficult test to pass. It covers a wide range of subjects connected to the performance of a New York State Commissioned Notary. Additionally, the examination itself contains 40 questions. These questions are multiple-choice. The entire exam must be completed within a two hour period. You may find it easier to take an exam preparation course. Feel free to read our article on Picking Your Notary Training Course.

Exam Format

The test is divided into four sections:
  1. Business Law
  2. Notarial Laws and Procedures
  3. A generalization of Notarial Knowledge
  4. Computer Proficiency.

Computer proficiency is relatively new. But, with the advent of New York State allowing Remote Notarization, it becomes obvious that a notary would need some basic computer knowledge to notarize remotely.

Each section has questions. Altogether, the questions in each section intend to determine the applicant’s knowledge relative to the New York Notary Law. The objective is to make sure the applicant has the capacity to complete a given notarial act properly.

Successfully completing the exam demands a thorough understanding of the NY notary law. Furthermore, the applicant must be able to apply the law acceptably and efficiently. For this reason, many candidates fee that the test is difficult and challenging.

In addition, all applicants must complete and pass a criminal background check to make sure they are of high moral character. Finally, “yes” the New York Notary Exam is difficult to pass. But, with proper study and commitment, you can become a notary in New York. Our New York Notary test preparation course can speed up the process for you. Or, you can visit the New York Department of State and study on your own.

You can also read one of our blogs that has a few sample test questions. To do that, click here: Notary Sample Questions.

The Notary and the Employer

January 3rd, 2024 by Harrison Carroll

The Notary and the Employer

You might provide notarial services solely in the workplace. Additionally, you may provide service outside the workplace. But, there must be an understood relationship between the notary and the employer. As a notary, one must act in accordance with the laws of the State. At times, an employer may request you to perform in inappropriate notarization. If you aspire to become a notary public in New York, or in any state, keep reading.

Let’s remember that the notary is subject to liability. This is why there must be a clear understanding between the notary the employer that we will not circumvent the laws that govern our commission. When you perform notarial service for your employer, both the employer and, you are subject to liability. Bear in mind, your notarial duties are dictated by the State, and not the employer. Thus, you may wish to read our article called, “The Notary as an Employee.

Notary and EmployerWhat your Employer Must Understand

Our employer must understand what we can and cannot do as notaries. So, if our boss asks us to notarize a document for his or her offspring, as a favor, we cannot do it. Not unless the individual appears before us. This can present a contentious situation between you and your boss. But, if we create an understanding at the outset of our employment, we can minimize this type of situation.

Since we may be an employee, it becomes imperative for the company to understand that we are subject to the regulations of the law that governs us. Yes, the employer is in control of our employment, but they are not in control of our performance regarding notarization. The notary and the employer need to have a mutual understanding.

When everyone understands that accountability falls on both the notary and the employer, potential problems are then eliminated. The term “Best Practices” is just that, the best practice. A good Book to read on notary accountability is: Professor’s Closen’s Notary Best Practices Expert’s Guide to Notarization of Documents.

You can also obtain the book at Google Books.

For a detailed outline of best practices between the notary and the employer, watch this excellent YouTube video.

If you’d like to know more about our Notary Training Program, visit our About our Notary Course page.

Choosing a Notary Training Course

July 15th, 2023 by Harrison Carroll

Choose a Course

Okay. You want to become a notary public. So, when choosing a notary training course, there are certain things you should be aware of. Basically, It is important that you choose a course that will present a program which will make you feel fully prepared to pass the exam. Accordingly, Let’s look at some of the important things you should look for when choosing a training program.

Important aspects of selecting a notary training program

  1. Make sure the exam is specific to your State. Every State has various nuances to its notary laws. So, it is imperative that your training provide a course that is designed specifically for your State.
  2. Regardless of the State you live in, we recommend that you take your exam on a date that is relatively close to the date you complete the course. This is because all that knowledge you gained will be fresh in your mind.
  3. You need to decide if you prefer a live classroom course, or an online course. Undoubtedly, each has its benefits and drawbacks. In a classroom course, you can have live interaction with the instructor. The drawback is, these courses are completed in a day or two, meaning that you have to cram information in a shorter period. An online class gives you the flexibility of convenience in that you take bits and pieces of the course over time. This allows better retention of information. The drawback is that not being in a live environment, the luxury of interaction is lost.
  4. In either type of class, you want to be sure you are provided a workbook, or class manual. This way, you can easily refer back to it to refresh previous topics you learned.

We offer online training for those wishing to become a notary public in New York State. Feel free to evaluate our program. You can visit us at our main page.

You can learn more about notary requirements in New York by visiting ny.gov

Notary License Renewal in New York

July 1st, 2023 by Harrison Carroll

In New York State, a notary public needs a license to practice. The license is valid for four years. After that time, a notary license renewal is required. Notary license renewal in New York is done by the County Clerk in the county of your residence. It is a pretty simple process. We outline it below.

Notary License

Renew

Renewal Procedures

  1. When the four-year license term is reached, a letter is sent to the notary informing him or her of the impending expiration of their license. You will be sent a renewal form. This form requires your physical address (not a post office box). If your address changes, you should inform the State License office in Albany. There will be a $20.00 charge to adjust your records.
  2. The renewal form requires your full signature and oath of office. Bear in mind that your signature and oath must be taken before a notary public, other than yourself.
  3. Once your renewal application is completed and your oath of office and signature are notarized. You will send it to your County Clerk’s office. You will need to enclose a payment of $60.00. This payment should be made to the County Clerk of your county of residence.
  4. Your new identification may take a few months to arrive. As is typical with government agencies, things don’t always move quickly.

If you do not renew your notary commission, then later decide to renew, you will have to take another test. Any renewal received later than six months after its expiration date will not be processed.

If you wish to know more about Notary license renewal in New York, or more specifically, Erie County, visit the Erie County Clerk’s website. In addition to this article, we have several blog items at https://www.notarynewyork.org/our-blog. Our articles are not only directed to existing notaries, but also to anyone who desires to become a notary in New York State. You are welcome to visit us to learn more.

Can Notaries Refuse Service

June 21st, 2022 by Harrison Carroll

Refusal of Notarial Service

Notaries can indeed refuse service. However, a notary should NOT refuse service to perform a lawful notarial act. What if the document violates your personal beliefs? Still, you should not refuse service. Look, you are not endorsing the contents of the document. You are verifying the identity of the signer. Thus, you are simply a third party witness. So, let’s assume you are against same-sex marriages. You are presented with a document where the content relates to this issue. You should not refuse service. The contents of the document are not within your purview. It might be a good time to read our article about Dangerous Questions Presented to a Notary in New York. Again, you are only a third-party witness who verifies the identity of the signer. There are only a handful of instances where notaries can refuse service because of the document’s contents. If a client needs to authenticate a foreign birth certificate, for example, you may need to refer them to an Apostille.

You may wish to check-out some of our other articles from our blog posts. We discuss several topics relating to notarial service.

When to Refuse Service

There are numerous situations where a notary should refuse service. For instance

  1. The signer does not understand the contents of the document, or appears confused.
  2. You cannot properly identify the signer
  3. The signer is not physically present
  4. You believer that the signer is not signing of their own free will. Perhaps they are coerced.
  5. The document contains black spaces
  6. The signer is your family member
  7. The document does not contain a notarial certificate, and the signer cannot instruct the Notary which type of notarial certificate is required
  8. The client wants a certified copy of a public record

As a notary you must remember that you are a public official. As such, your personal feelings cannot come into play. So, you must fulfil your obligation as a public official unless any of the items outlined above become a factor. That National Notary Association has a more in-depth article on this subject.

If you want to become a Notary Public in New York, you can enroll in our NY Notary Exam training.

Hopefully, you found this articke informative.

Does a New York Notary have Liability?

June 3rd, 2022 by Harrison Carroll

Yes. To answer the question, “Does a New York notary have liability?”

A notary can be held liable for misconduct. If a notary performs or fails to do so properly, he or she is exposed to liability. The notary may be responsible if such a person is negligent. Although their duties may seem in simple terms, notaries must perform their duties carefully, or they may be held accountable.  Their primary role is to authenticate the identity of signatories and witness the signing of documents and administer oaths. Despite Their seemingly straightforward duties, they come with serious potential liability for notaries if the tasks are not performed correctly. The meaning of notary liability is important for notaries. They must perform their duties with due diligence and  mitigate risks.

Nature of Notary Liability

Notary liability is the term describing the legal responsibilities of a notary public. A notary is responsible for any mistakes, omissions, or misconduct occurring in the performance of their duties. When a notary commits an error or acts in bad faith, they can be sued and held responsible through civil charges or other legal consequences. The nature of this liability varies in the jurisdictions and circumstances; due circumstances of the case.

For example, you notarized a document without the signer present. Or, you don’t check the identity of the signer. You could also make yourself exposed because you did not perform proper notarial acts. Another point that puts you in the cross-hairs is: You know that a document contains a false statement. However, you nonetheless you go ahead and notarize the instrument anyway. Realize that it is officially misconduct. It could be a matter of criminal or civil liability.  You may want to read our article on Notary Discipline.

So, what if a notary makes a minor mistake? You may be responsible for any damages your mistake brings. If you notarize a high volume of documents, getting Errors and Omissions Insurance is prudent. We will address this insurance in an upcoming blog.

Common Grounds for Liability

Several factors can lead to notary liability:

  1. Errors and Omissions:
    If a notary makes errors or is failing to perform tasks according to the law, this is also an indirect approach to liability. They can be found liable. If a notary fails to validate the signer properly or makes a mistake with the notarization, it can lead to legal problems and a significant financial burden on the parties involved.
  2. Authenticate Documents Properly: Notaries should properly make ensure that all relevant documents are properly executed and comply with any legal requirements. If a notary does not correctly authenticate or verify a document, arguments or even some legal challenges may arise.
  3. Improper Administration of Oaths: When administering oaths, notaries must follow strict procedures. Any deviation from these procedures  results in the oath considered as invalid. This impacts legal proceedings or document validity.
  4. Fraud and Misconduct: A notary public is required to act with ethics and refrain from acts of fraud or dishonesty. Engaging in fraudulent acts, like forging documents or intentionally permitting an individual to sign a document can have very serious results. Do not engage in any form of fraud or misconduct. Engaging in fraud, including fabricating documents can have huge repercussions. Your employer will be liable for the notarial acts you perform. The best advice is always to follow the law. All of these situations — and more — are discussed in our New York Course for Preparing for the Notary Examination.

In addition, your employer risks liability for any notarial acts you perform. One possible problem arises when your employer wants to take advantage of your notary status. He or she asks you to authenticate a signature outside the parameters of the law. It may seem a simple favor at the time, but it can come back to haunt you. It is extremely important that both you and your employer understand that improper notarization is not allowed. The best advice is always follow the law. All of these situations, and more, are detailed in our New York notary Test Preparation Course.

Consequences of Notary Liability

The consequences of notary liability can be severe, including:

  1. Legal Action: Any person suffering an injury has the right to take actions and sue the notary to recover any damages emanating from the errors or negligence done. Taking a suit comes along with certain debts within compensatory damages and costs that can be crippling.
  2. Administrative Penalties: Notaries may face disciplinary action from regulatory bodies or licensing agencies. Penalties can include suspension or revocation of the notary commission, fines, and other administrative sanctions.
  3. Loss of Reputation:
    There is a risk of enforcement action taken against the notaries for sure violations of the law by all government bodies in agencies, ministries, licensing bodies, commissions or boards. Punishment includes; notary commission being revoked or fined and other administrative disciplinary actions. If the situation demands it, you can also be incarcerated.

Again, a New York Notary has liability. But if you do your job, you will probably not commit misconduct. The law from the New York State Department of State., in short states, ”the best way to avoid exposure to liability is to obey the law.”

So, the best advise we can give you is to conduct your self in a professional manner and follow the law. If you do that, and develop a Best Practices approach, you will minimize any exposure to being liable. At Notary New York, we help prepare you to pass the New York Notary Exam. Our program provides in-depth instruction with sample test questions.