That’s right. New York is now allowing remote notarization. Effective February 01, 2023, any notary in New York notaries can execute service to a document. But, you will have to register as such with NY state. And, of course, they will have to pay a fee to the state. However, there are some directives in the new law. Explicitly, it is recommended that you visit the New York State Division of Licensing Services to read their latest update. So, if you think that you want to become a notary public in New York, this is an important topic.
We believe, that in time, remote notarization will become more prevalent. As a result, the need for Remote Notaries will likely diminish. Just as the horse and buggy became obsolete with the advent of the automobile, so too will mobile notary service eventually fall by the wayside as it is replaced by the continual advancement of technology.
Conditions for Remote Notarization
Notwithstanding, The notary can’t notarize the document if he or she is physically in another state. They have to physically be in New York. That doesn’t mean that the signer has to be in New York. They can be in any state.
The documents can be signed one of two ways.
1) By Electronic Signature: The ESIGN Act defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign a record.” To read the entire act, you can download it here. Download ESIGN Act
2) By Wet Signature: We already know that a wet signature is an action of signing a paper document with a pen. With a wet signature situation, you can use a company like DocuSign to send the document. This way you are delivering the instrument to the signer safely.
With remote notarization both the notary and the constituent must connect via computer AV technology like Zoom, Skype, etc. Chiefly, only if the technology used has proper security procedures.
The notary still needs to establish the signer’s identity. This can be done by personal knowledge, by oath, by a credible witness, or by verifying accepted I.D.
Any remote notarial act must be recorded and saved for a period of ten years.
All remote notarial acts must be recorded in a journal of “remote notarization.”
Any document sent electronically which is notarized by remote will be considered an original document.
Yes, New York is now allowing remote notarization. But, this does not include healthcare proxies or power of attorney.
By the way, we offer training to help you pass the New York notary exam. Please review our other blog articles at: https://www.notarynewyork.org
A Notary Official seal is one of two things. It is either an inked imprint or an embossed crinkle on a document. So, when a notary authenticates a document, his or her seal and signature make the document official.
Today, ink stamps pretty much replaced embossers. However, an embosser adds an element of status (at least visually) to a document or instrument. So, when you hear the term seal, it can be either a stamp or an embossed impression. Hence, the expression “seal” is often interchangeable with the word “stamp.”
Notaries must be aware that when affixing the seal it should be clear and legible. Should the seal be blurred then the notary should strike through the defective impression and affix a new one adjacent to the faulty seal. Feel free to read our article on how to Fix a Blotchy Notary Seal.
Information required on a Notary Official Seal
Every state has its own set of requirements for what information the notarial seal must contain. But generally, the following information should be contained on the seal.
Notary Public’s name
The State where the notary is commissioned
The date the notary’s commission expires
A notary official seal should never be loaned to another person. It must be securely guarded as the important device that it is. Therefore, keep it in a secure place.
If you need to discard a seal, don’t simply be put into the trash can. Remember, if fallen into the wrong hands it could be used to create fraud. Therefore, you should remove the rubber from the tamp housing. Then cut-up the rubber so that it cannot be used again.
If you have other questions, feel free to visit our FAQ page. From the homepage, just click on the Blog tab to see our other article topics. We hope that you find this article instructive. You can purchase a notary stamp, and other notarial supplies online. Notary Public Stamps is certainly a credible source.
One of the more common notarial acts is witnessing a signature. This is the most direct form of a the notarial process. A key point here is that the document should not be signed in advance. Accordingly, it should be signed in the presence of the notary public. This is a requirement in all States. Sadly, one of the most frequent violations made by notaries is the failure to require a signer to be present at the signing. We need to understand that as a notary public, we must meet certain requirements. This is a mistake. Actually, we advise that you read our article on Common Notary Mistakes.
Requirements for Witnessing a Signature
As we mentioned, the signer must appear before the notary at the time of the notarization.
We recommend that the signer signs the document in front of the notary.
The signer must show an ID to verify that they are who they claim to be.
The notary should be certain that the signer is not under any duress, and they are executing their signature voluntarily.
If the notary has a belief that the document is fraudulent, they should not complete the notarization. Or, if the document has blank spaces, the notary again should not complete the notarial service.
Chiefly, witnessing a signature is a rather straightforward notarial act. As long as the notary understands the law for his or her state, the notarial process is pretty clear-cut.
If you wish to become a Notary Public, at least in New York State, topics like this are what you will need to understand and implement. If you are already a notary and wish to renew your license, contact your county clerk. Or, visit the New York Department of State website.
We have written several articles like this to inform the student, and help them on their road to becoming a commissioned notary. Our notary training course is specifically targeted to teach the New York Notary License Law. You can take our online notary training course by visiting our New York Notary website homepage.
Back in the old days, fewer people were as literate as today. Signing by mark before a notary public was not uncommon when our nation was in its infancy. Although times have changed, and most people can read and write, notaries need to understand how to deal with someone who needs to sign by mark.
Illiteracy may not be the only reason someone needs to sign my mark. Perhaps the person has a disability, or some physical challenge that makes it impossible to affix a signature to document.
Regardless of the circumstances, anyone who wants to sign by mark should be allowed to do so. However, we recommend that the notary has two unbiased witnesses appear during the notarial certification process. This is to protect the notary. Furthermore, it is a good idea to record the events in your journal. To protect yourself, you may wish to secure Errors and Omissions Insurance.
Be Careful
In today’s litigious society, it is more important than ever to cover one’s bases. Plus, we need to be careful of potential fraud. As such, the notary needs to take special care to assure that the notarial process be completed with due diligence. It is imperative that we exercise our duty as a public official without discrimination. That being said, we must exercise our obligations with respect to anyone who signs by mark before a notary. At the same time, we need to remain in compliance with our charged duty.
Different states may have varying laws regarding Signing by Mark. Be aware of you state’s laws in this area. This will help assure that you are fully compliant.
We offer several blog articles for notaries and those wishing to become a notary. Our online notary test preparation course is specific to New York State. To learn more about being a notary in New York, you can visit the New York Department of State website.
If you would like to read more articles, visit our blog page.
An apostille most often authenticates the origin of a public document. Hence the term Apostille Service. The Apostille is attached to a notarized document and cannot be removed. This includes items such as birth certificates and court orders. In other words, when a document needs to be recognized by a foreign country. In an ever expanding global marketplace, the need for Apostille grows and will continue to grow.
For instance, there are currently 117 countries who participate in the Apostille Convention. In 1961 The Hague Convention abolished the requirement of legalization of Foreign Documents. So, this simplified the certifying of public documents. In addition, The United States became part of the Hague Convention.
A notary cannot certify any of the documents listed above. This is because a notary in New York State cannot certify a copy of an original document. Hence, since the documents mentioned are copies of an original they are outside the realm of a notary’s charge. Thus, Apostille Service is necessary. For more information on a notary, or becoming a notary, visit our About the Course page.
These are just a few examples. Similarly, there are an endless number of situations that demand an Apostille. Above all, the document needs to be recognized by a foreign country.
For instance, a standard Apostille contains a seal and ten mandatory references, which are:
The name of the country where the document originates
The name of the signer
In what capacity the signer is acting
In an unsigned document, the name of the authority that affixed the seal
The place and date of the certification
The authority issuing the certificate
The certificate number
The seal of the authority issuing the certificate and their signature
Such a topic could appear on the New York Notary Exam. To see some exam sample questions, go ahead and read our bog article on it.
As a notary public we need to be aware that the notary document is being signed willingly. As such, we need to take appropriate steps to assess the signer. We can do this through basic observation, simple conversation, and by asking elementary questions.
This is particularly true in today’s litigious society. We need to protect ourselves against potential for being accused of misconduct.
Examples where we need to be alert
The elderly: It is not uncommon that the elderly are susceptible to being taken advantage of. We must be certain they are no coerced into signing a document they don’t understand.
The evidence of Cognitive Impairment: If it appears that the signer does not process information, we should be certain that he or she understands why they are affixing their signature to the document.
The notary needs to ascertain that the client is not being coerced into signing the document. In other words, he or she is acting voluntarily and is not under duress.
A signer who is intoxicated by alcohol or drugs is obviously more likely to be taken advantage of. Even if they are not being taken advantage of, the ability to understand what they are doing is severely impaired.
We mention these points because as notaries it is easy to go on “automatic pilot” when continually notarizing documents. It’s important to remember the duty we are charged with as a public official. It is essential that a notary document must be signed willingly. Furthermore, you should enter the service in your notary log. New York now requires notaries to keep a Journal.
Each month we publish a different blog article in effort to provide continuing education to notaries. Someone wishing to become a notary public in New York can prepare for the exam through our website. Don’t forget to visit our About the Course page to see what you need to know to become a notary public in NY.
While there, feel free to visit our blog page to read other articles specifically addressing the challenges that can potentially affect a notary public. You can also visit the New York Department of State to learn more.
Should you provide notarization for a family member? This question pops up frequently. Is it acceptable to notarize a document for someone in your family? I mean, doesn’t this make things simple for both the signer and the notary public? It does. But, and this is a big BUT – things could get complicated later on. Therefore, I advise that you avoid it. Please read our article on Common Notary Mistakes.
Our advice is that you DO NOT notarize for a family member. There are countless situations that can develop in the future. To learn more about avoid this and other potential problems, We recommend watching Michael Closen’s YouTube video.
We have to first take into account that a notary public can in no way benefit from a document that they have performed service to. Servicing the document of a family member exposes us to a “conflict of interest.” It may seem innocent at the moment. But even the slightest hint of a conflict can place you in the crosshairs down the road. It just isn’t worth it. The easiest solution is to recommend the family member see another notary. Just because you don’t see a possible problem does not mean it doesn’t exist.
An Example
Let’s create an example. Your brother asks you to provide service on some real estate property that he purchased. This seems innocent, doesn’t it? Now, let’s go forward three years. Sadly, your brother passes away unexpectedly. Suddenly, you may have either a direct, or indirect, financial interest in that real property. So, you provided notarial service on a document where you have possible benefit. It’s not a big step to see where you innocently violated ethical practices.
Notary law varies from one state to another. There are states that may allow notarization for a family member, at least to a certain degree. Usually immediate family members like: parents, children and siblings would be in violation in any state. Now, if it’s a niece or a third cousin, things become more ill-defined. The solution is to always ask yourself if assisting a relative provides the best result for all concerned parties.
We must always consider the consequential aspects of our actions. This is true when a notarial act seems innocent on the surface.
Our aim to remind notaries to take their obligation seriously. It can be easy for any of us to become complacent. So, it doesn’t hurt to remind ourselves that we need to remain on guard.
We offer complete notary public training. Our focus is on helping you to pass the notary public exam and become a notary public in New York. Visit our About the Course page to find out more.
We are frequently asked what kind of questions are on the New York Notary Exam. Well, we cannot determine what you will be asked. But, based on previous exam questions, we can give you an idea of what to look for. Here are some New York Notary Exam Sample Questions. Remember this: All of the questions come from the New York State Notary License law. To get a copy of the Licensing Law, visit New York’s website and scroll down to the link – Laws, Rules and Regulations. You can then download the PDF file. So, let’s take a look at the types of questions that could be asked on the exam.
New York Notary Exam Sample Questions
The New York Secretary of State can charge a fee of $25.00 for changing an address, or the name of the notary public. True or False.
This is FALSE. The fee for changing a notary’s name or address is $10.00
A certification of the signature of a notary must be issued by a New York State court. True or False.
This is FALSE. Any certification of a notarial signature would be done by the county clerk. .
Any member of the New York State Legislature cannot receive a notary appointment. True or False.
This is False. Because a member of the legislature can certainly be appointed as a notary public. .
A deposition may be taken before a New York Notary in a civil proceeding. True or False.
This is True. .
A notary has the power to solemnize a marriage. True or False.
This is False. .
Anyone who acts as a notary public, but has not taken and filed an oath of office is guilty of a misdemeanor. True or False.
This is True. .
If a notary is asked to administer an oath or affidavit, must administer same. True or False.
This is True. Otherwise, failing to do so is a misdemeanor. .
A _________ is a witness testimony which is taken outside of a courtroom before a notary public.
The answer is “A Deposition.” .
A New York Notary’s appointment last for _________ years.
The answer is Four Years. Therefore, after that time they can renew their commission. .
The _________ issues the renewal of a notary appointment.
The answer is: The County Clerk, who then sends it to the Secretary of State.
.
More About New York Notary Exam Sample Questions
Bear in mind that the exam consists of 40 questions. Furthermore, the above is merely a small sample of the types of questions you might encounter. By the way, If you wish to become a New York Notary, we want to help you prepare. A good source to better understand Notary License Law is to watch Michael Closen’s YouTube video.
Feel free to read some of our other blog items. Obviously, you are welcome to visit our About the Course Page to learn about our New York Notary Training program. Or, you can visit our Frequently Asked Questions page.
At times, people ask where to have a document notarized. First off, there are numerous types of documents that need notarization.
Why get an instrument notarized in the first place? Well, the reason is simple. By notarizing a document, it becomes official. It makes the document official. That’s to say, it makes it a legal document. Things like contracts, loans property deeds and a mortgage for either a home or a business, need notary service. You are welcome to read our post on the most common notarized documents.
Fortunately for most people, it’s not very challenging to find a notary public. Almost every branch of a banking institution has a notary available. They can assist you to have your document notarized. And, if you are already a customer, the chances are that they will not charge a fee to do so.
In addition, most tax preparation centers can help you. In New York, town clerks’ offices county offices, can assist you. Again, this is free of any expense. You can check for UPS or FedEx near you.
Notarization in New York
In New York, the county office will notarize your document at no cost. The town clerk of your town may in all likelihood be a notary. Many FedEx locations have a notary public on staff. However, they may charge you. Don’t panic though. In New York, the cost of authenticating your signature is only $2.00.
Any law office will be happy to help you. And again, they can only charge $2.00. So, don’t think that because it’s a law firm, they are going to charge you an outrageous sum. Why is the fee only $2.00? Well, New York law stipulates what one can charge for notarial service. That means, whether it’s a bank, a UPS facility, a tax office, or whatever – verifying your signature is still $2.00. So, as you can see, there are many places to have a document notarized.
I want to make a point here. There is something called a Mobile Notary. These people travel to you, instead of you going to them. Even though they can only charge $2.00 for their service, they can add expenses incurred for traveling to you.
So, it should be apparent to you that getting a document notarized is not at all difficult.
Hopefully this article will make it simpler should the time ever arrive when you need to have a notarial service.
We have numerous other articles here on this site. Our purpose is to not only enlighten the public, but to inform those who desire to become a New York Notary Public. If that is your goal, it matches our goal. That is – train you to pass the New York State Notary exam. If you are interested in becoming a notary in New York, visit our About the Course page to learn more.
It is not at all rare when a notary faces a name irregularity. You could experience a situation where the name on the document is different from the name of the client. That is, the person who is signing it. You may be asking, how can this happen? Well, consider a recently married female. She has yet to change her various IDs to show her newly adopted name.
That’s one example. Another could be that the I.D. reflects the name as “Ray Doe,” but the document refers to the individual as “Raymond Doe.”
Another situation could be that the person’s I.D. could show a Middle Name. The middle name might not reference the person’s middle name. Or, the name is misspelled on the proposed instrument.
Let’s examine a more complicated situation. Let’s say that the document references the signer as Sr., but upon examining the I.D. you see that it shows the signer as Jr. Care needs to be taken here. It is conceivable that a son may be trying to use his dad’s name for a false purpose. Or, it could be nothing other than a simple typo.
Your Challenge
When a notary faces a name irregularity, it needs to be handled. Each incident compels you to base your decision in accord with the facts that are available to you. The best course is to break things down to their fundamentals. It starts with remembering what our job charges us to do. That is, to sensibly and reasonably distinguish that the person is exactly who they claim to be. So, by breaking things down to their fundamentals, we mean that you use sound judgement.
The situations just outlined are only a couple examples to be alert for.
I’ll say it again. It is your responsibility as the notary to be satisfied the person is who they state they are. It’s conceivable that a name was misspelled on the instrument. Anytime you encounter a discrepancy, you need to let common sense prevail. Does the photo image align with the actual person sitting in front of you? If you are comfortable, then continue with the notarial service.
But, what if the client is behaving in an abnormal manner? Or, what if you have a level of doubt related to the identification? You have every right to request another form of identification. If you still have misgivings, you can clearly refuse to finalize the instrument. This is why it is important to have the client make a personal appearance before you.
But if you decide to continue, it’s best to complete the certification, using the name that is shown on the document, as opposed to using the name as it appears on the individual’s I.D. You certainly want to enter the specifics of this experience in your notary journal. That way, if a problem occurs in the future, you will have documented the certification.
Recommendations
There is a wonderful book that you should have at your desk. It is, “Notary Best Practices” by Professor Michael Closen. I recommend that every notary have it on hand.
Our mission is to teach people how to become a notary public in New York State. Those interested in preparing for the notary exam can take our course. Visit our enroll page if you would like to prepare for the New York Notary Exam.
That’s right. New York is now allowing remote notarization. Effective February 01, 2023, any notary in New York notaries can execute service to a document. But, you will have to register as such with NY state. And, of course, they will have to pay a fee to the state. However, there are some directives in the new law. Explicitly, it is recommended that you visit the New York State Division of Licensing Services to read their latest update. So, if you think that you want to become a notary public in New York, this is an important topic.
A Notary Official seal is one of two things. It is either an inked imprint or an embossed crinkle on a document. So, when a notary authenticates a document, his or her seal and signature make the document official.
One of the more common notarial acts is witnessing a signature. This is the most direct form of a the notarial process. A key point here is that the document should not be signed in advance. Accordingly, it should be signed in the presence of the notary public. This is a requirement in all States. Sadly, one of the most frequent violations made by notaries is the failure to require a signer to be present at the signing. We need to understand that as a notary public, we must meet certain requirements. This is a mistake. Actually, we advise that you read our article on 
Signing by Mark. Be aware of you state’s laws in this area. This will help assure that you are fully compliant.
We are frequently asked what kind of questions are on the New York Notary Exam. Well, we cannot determine what you will be asked. But, based on previous exam questions, we can give you an idea of what to look for. Here are some New York Notary Exam Sample Questions. Remember this: All of the questions come from the New York State Notary License law. To get a copy of the Licensing Law, visit 
At times, people ask where to have a document notarized. First off, there are numerous types of documents that need notarization.