NYS Appointment and Qualifications 2 — Questions and Answers
Question 1: Which of the following demonstrates a REQUIRED qualification for a New York notary public applicant?
- Ownership of real property in New York
- Residence or maintenance of an office or place of business in New York (Correct answer)
- A college degree from a New York institution
- At least five years of employment in New York
Correct answer: Residence or maintenance of an office or place of business in New York
Residency OR maintaining a New York office or place of business satisfies the residency requirement.
New York Executive Law §130 requires that a notary public applicant either reside in New York State OR, if a non-resident, have an office or place of business within the state. This allows individuals who live in neighboring states like New Jersey or Connecticut but work in New York to hold a New York notary commission.
Question 2: When a New York notary public relocates their residence to a different county within New York, they must:
- Surrender the commission and reapply
- File their oath and signature with the new county clerk (Correct answer)
- Notify the Secretary of State within 30 days
- Do nothing — county of residence does not affect the commission
Correct answer: File their oath and signature with the new county clerk
Upon moving to a new county, the notary must file their oath and signature with the new county's clerk.
When a New York notary public relocates to a different county, they must file a new oath of office and their signature with the county clerk of the new county. The commission itself remains valid statewide — the notary does not need to reapply — but the county clerk filing must be updated to reflect the new county of residence or business.
Question 3: The New York notary public examination is administered by:
- The Secretary of State's office directly
- The county clerk of the applicant's county (Correct answer)
- The New York State Bar Association
- The State Civil Service Commission
Correct answer: The county clerk of the applicant's county
The notary examination is administered by the county clerk of the applicant's county.
The notary public examination in New York is administered by the county clerk of the county in which the applicant resides or maintains a business address. After passing, the applicant submits the completed application and fee to the Department of State for issuance of the commission.
Question 4: A New York notary commission may be issued to an applicant who is:
- Under 18 but employed full-time
- 18 years old, literate, and of good moral character (Correct answer)
- A resident of another state with no New York ties
- A convicted felon whose rights have been restored by court order
Correct answer: 18 years old, literate, and of good moral character
An applicant must be at least 18, literate, and of good moral character to qualify for a New York notary commission.
New York's basic qualifications for a notary commission are: at least 18 years of age, ability to read and write English, residency in New York or maintaining a New York office, and good moral character. The Secretary of State evaluates character based on criminal history and other factors.
Question 5: A New York notary public who becomes a member of the State Legislature may:
- Continue to hold the notary commission but with conflict restrictions (Correct answer)
- No longer hold the notary commission while in office
- Charge double the statutory fee for notarial services
- Act as a notary only for other legislators
Correct answer: Continue to hold the notary commission but with conflict restrictions
A legislator who is also a notary may continue to hold the commission but must observe conflict of interest rules.
New York law does not prohibit state legislators from also serving as notaries public. However, they must be careful to avoid conflicts of interest — they may not notarize documents related to legislative matters in which they have a personal interest. The dual role is permitted with appropriate restrictions.
Question 6: After appointment, a new New York notary must take and file their oath of office within:
- 30 days of appointment (Correct answer)
- 60 days of appointment
- 6 months of appointment
- One year of appointment
Correct answer: 30 days of appointment
A newly appointed notary must take and file the oath of office within 30 days of appointment.
New York law requires that a newly appointed notary public take and file the oath of office with the appropriate county clerk within 30 days of the date of appointment. Failure to do so within this timeframe can result in the commission being void, requiring the applicant to reapply.
NYS Appointment and Qualifications 2
Which of the following demonstrates a REQUIRED qualification for a New York notary public applicant?