NYS Notarial Fees and Records 2 — Questions and Answers
Question 1: Under New York Executive Law §136, the maximum fee for administering an oath or affirmation and certifying it is:
- $1.00
- $2.00 (Correct answer)
- $5.00
- $10.00
Correct answer: $2.00
The maximum fee for administering an oath or affirmation is $2.00.
Executive Law §136 sets the maximum fee for taking and certifying the acknowledgment or proof of execution of a written instrument, or for administering an oath and certifying it, at $2.00. This modest fee cap has been in place for many years and reflects the routine nature of basic notarial acts.
Question 2: A New York notary is asked to certify and protest a dishonored check. The fee for noting and protesting the dishonor is:
- $2.00
- $3.00
- $5.00
- $75 cents plus postage costs (Correct answer)
Correct answer: $75 cents plus postage costs
The fee for noting and protesting a negotiable instrument includes 75 cents plus actual postage and disburse costs.
Under New York Executive Law §136, the fee schedule for protests of negotiable instruments includes: noting dishonor - 75 cents; protesting - $1.00; plus the actual cost of postage, envelopes, and stationery. These small fixed amounts reflect the historical nature of commercial paper protests, though they are rarely used today compared to electronic payment systems.
Question 3: New York law requires a notary to provide what record to a party who requests it?
- A copy of the notary's commission certificate
- A certified copy of any record the notary has made of a notarial act (Correct answer)
- The names of all other parties who have used the notary's services
- A sworn statement about the notary's fee schedule
Correct answer: A certified copy of any record the notary has made of a notarial act
A notary must provide certified copies of their own records of notarial acts upon request.
New York notaries must maintain records of their notarial acts and, upon request and payment of the applicable fee, must provide certified copies of those records to parties who have a legitimate interest in them. This requirement ensures that accurate records of notarial acts are accessible for legal proceedings and verification purposes.
Question 4: Although not mandated by New York law, why do many notaries voluntarily maintain a notarial journal?
- To increase the fees they can charge
- To create a contemporaneous record that can protect against future claims and disputes (Correct answer)
- To satisfy a Department of State reporting requirement
- To qualify for an advanced notary certification
Correct answer: To create a contemporaneous record that can protect against future claims and disputes
A voluntary journal creates a reliable record that protects the notary against future disputes about whether a notarization was properly performed.
While New York does not generally mandate a notarial journal for traditional in-person notarizations (RON requires one), many notaries voluntarily maintain a journal as a best practice. A detailed journal entry — noting date, type of act, signer's name, ID provided, and fee charged — creates contemporaneous evidence that the notarization was performed properly. This can be invaluable if the notarization is later challenged.
Question 5: The fee for each additional name acknowledged in the same certificate in New York is:
- $2.00 per additional name (Correct answer)
- $1.00 per additional name
- $0.50 per additional name
- $5.00 flat fee regardless of number
Correct answer: $2.00 per additional name
Each additional name acknowledged in the same certificate is charged at $2.00.
Under New York Executive Law §136, the $2.00 fee applies to each signature acknowledged. If multiple signers appear before the notary and are acknowledged in the same certificate or related certificates at the same sitting, the notary may charge $2.00 for each signer's acknowledgment.
Question 6: A New York notary who fails to charge any fee for a notarial act is:
- Acting improperly — all notarial acts must be paid for
- Acting within their rights — notaries may waive fees (Correct answer)
- Required to report the waiver to the Department of State
- Subject to discipline for failing to follow the fee schedule
Correct answer: Acting within their rights — notaries may waive fees
New York's fee schedule sets maximum fees, not minimum fees. Notaries may provide services for free.
New York Executive Law §136 establishes the maximum fees a notary may charge — it does not require notaries to charge these amounts. Notaries are free to charge less than the maximum or to perform notarial acts for free. Employers, for example, often direct their notary-employees to provide free notarization services to customers. Only exceeding the maximum is prohibited.
NYS Notarial Fees and Records 2
Under New York Executive Law §136, the maximum fee for administering an oath or affirmation and certifying it is: