NYS Notarial Services 2 — Questions and Answers
Question 1: The maximum fee a New York notary may charge for taking an acknowledgment is:
- $1.00
- $2.00 (Correct answer)
- $5.00
- $10.00
Correct answer: $2.00
New York law sets the maximum fee for taking an acknowledgment at $2.00 per signature.
Under Executive Law §136, New York notaries may charge a maximum of $2.00 for taking the acknowledgment or proof of execution of a written instrument. This fee limit is per signature notarized.
Question 2: A New York notary public who charges more than the statutory maximum fee is subject to:
- A warning letter only
- Removal from office and civil liability (Correct answer)
- A $25 fine only
- No penalty — fee caps are suggestions
Correct answer: Removal from office and civil liability
Overcharging is a violation that can result in removal from office and civil liability.
A notary who charges fees in excess of the statutory maximums set in Executive Law §136 is subject to removal from office by the Secretary of State. The overcharged party may also have civil remedies to recover excess fees paid. Charging proper fees is a professional obligation.
Question 3: When a New York notary takes a deposition, the maximum fee per hour is:
- $2.00
- $3.00
- $7.50 (Correct answer)
- $15.00
Correct answer: $7.50
New York allows notaries to charge up to $7.50 per hour for taking a deposition.
Under Executive Law §136, a notary public may charge up to $7.50 per hour for administering and certifying a deposition. This reflects the more time-intensive nature of deposition work compared to a simple acknowledgment.
Question 4: A New York notary public may perform notarial acts:
- Only within the county where they are registered
- Anywhere in New York State (Correct answer)
- Only in the city or town where they reside
- Only in the judicial district of their appointment
Correct answer: Anywhere in New York State
A New York notary's authority extends throughout the entire state, not just the county of registration.
A New York notary public commission is a statewide appointment, meaning the notary has jurisdiction to perform notarial acts anywhere within New York State. While notaries must file their signature and oath of office with the county clerk in the county where they reside or have their principal place of business, their authority extends to all 62 counties.
Question 5: Which best describes a New York notary's duty of impartiality?
- The notary must favor the party who pays the notarial fee
- The notary must serve all parties without bias regardless of personal relationship (Correct answer)
- The notary may decline to serve based on personal preference
- Impartiality applies only in judicial proceedings
Correct answer: The notary must serve all parties without bias regardless of personal relationship
A notary must remain impartial and serve all parties without favoritism.
Notaries public act as impartial witnesses and public officials. They must serve all requesters without bias, regardless of personal relationships, political views, religion, or other factors. The duty of impartiality is fundamental to the notary's role as a trusted public officer.
Question 6: A New York notary public acting outside the scope of their authority may face:
- No consequence since notaries have unlimited authority
- Criminal and civil liability (Correct answer)
- Only a written reprimand
- Mandatory retraining only
Correct answer: Criminal and civil liability
A notary acting outside authorized powers may face both criminal and civil liability.
A New York notary who performs unauthorized acts or misuses their commission can face criminal prosecution under Executive Law §135-a as well as civil liability for damages caused by the unauthorized acts. For example, notarizing a document when not authorized to do so, or using notarial authority fraudulently, exposes the notary to serious legal jeopardy.
NYS Notarial Services 2
The maximum fee a New York notary may charge for taking an acknowledgment is: