NYS Public Law 2 — Questions and Answers
Question 1: Under New York Executive Law §135, a notary public who is guilty of misconduct may have their commission:
- Suspended for 30 days
- Revoked by the Secretary of State (Correct answer)
- Transferred to a supervising attorney
- Placed on inactive status
Correct answer: Revoked by the Secretary of State
The Secretary of State has authority to revoke a notary commission for misconduct.
Executive Law §135 grants the Secretary of State the power to remove a notary public from office for misconduct. This reflects the Secretary of State's dual role as both the appointing authority and the disciplinary authority for notaries in New York.
Question 2: A New York notary public who fraudulently uses their commission may be subject to:
- Civil liability only
- Criminal prosecution under Executive Law §135-a (Correct answer)
- Only loss of commission without other penalties
- Discipline by the State Bar Association
Correct answer: Criminal prosecution under Executive Law §135-a
Fraudulent use of a notarial commission is a criminal offense under Executive Law §135-a.
Executive Law §135-a makes it a felony for a notary to make a false certificate or use their notarial powers fraudulently. The criminal penalties under §135-a are in addition to any civil liability and the administrative penalty of commission revocation.
Question 3: Which of the following is TRUE about New York notary public law?
- Notaries may certify documents as authentic legal advice
- Notaries may prepare legal documents for compensation
- Notaries may not practice law unless also admitted to the bar (Correct answer)
- Notaries may represent parties in administrative hearings
Correct answer: Notaries may not practice law unless also admitted to the bar
New York notaries are prohibited from practicing law unless they are also licensed attorneys.
Under New York law, a notary public who is not also a licensed attorney is prohibited from practicing law, which includes preparing legal documents, giving legal advice, and representing parties. Executive Law §135 and the Judiciary Law's unauthorized practice of law provisions both apply to notaries who cross this line.
Question 4: The New York Executive Law requires that a notary's signature on a certificate be:
- Notarized by another notary
- The notary's own handwritten signature (Correct answer)
- An electronic signature in all cases
- Stamped with an official commission stamp
Correct answer: The notary's own handwritten signature
The notary must personally and manually sign notarial certificates with their own handwritten signature.
New York law requires that notaries personally sign notarial certificates with their own handwritten signature. The signature authenticates the notarial act and must match the signature on file with the county clerk. Electronic signatures may be permitted in specific remote notarization contexts authorized by law.
Question 5: Which of the following persons is DISQUALIFIED from serving as a New York notary public?
- A person who has lived in New York for less than one year
- A person convicted of a crime involving moral turpitude (Correct answer)
- A person who is also a licensed real estate agent
- A person employed by a bank
Correct answer: A person convicted of a crime involving moral turpitude
Conviction of a crime involving moral turpitude disqualifies a person from holding a notary commission.
New York Executive Law §130 provides that persons convicted of crimes involving moral turpitude — offenses reflecting dishonesty, fraud, or moral depravity — are disqualified from serving as notaries public. This includes felonies and certain misdemeanors. The Secretary of State considers criminal history when reviewing applications.
Question 6: New York public law requires that a notary public's oath of office be filed with:
- The Department of State only
- The county clerk of the county where the notary resides or has a principal office (Correct answer)
- The Governor's office
- The local court clerk
Correct answer: The county clerk of the county where the notary resides or has a principal office
The oath of office must be filed with the county clerk of the notary's county of residence or principal business.
After being commissioned, a New York notary must file their oath of office and signature with the county clerk of the county in which they reside or maintain a principal place of business. If the notary's business address is in a different county, they may also file in that county. These filings create the public record used to verify notarial acts.
NYS Public Law 2
Under New York Executive Law §135, a notary public who is guilty of misconduct may have their commission: