New York City Notary Public

New York City Notary PublicNew York City Notary PublicNew York City Notary Public
  • Home
  • Rules
  • Blog
  • About
  • Contact
  • More
    • Home
    • Rules
    • Blog
    • About
    • Contact

New York City Notary Public

New York City Notary PublicNew York City Notary PublicNew York City Notary Public
  • Home
  • Rules
  • Blog
  • About
  • Contact

New York City Notary Public - Notary Services

Notary Public Law and Professional Conduct

At New York City Notary Public, we take pride in providing secure and reliable notary services to our clients. Our team of experienced notaries is dedicated to ensuring that your documents are notarized correctly and with the utmost care. We understand the importance of your legal documents, and we are committed to providing you with exceptional service.


You can download or view below New York State Notary Law provided by New York Department of State.


Should you have any questions as to our services, please contact us.


Professional Conduct

Use of the office of notary in other than the specific, step-by-step

procedure required is viewed as a serious offense by the Secretary of

State. The practice of taking acknowledgments and affidavits over the

telephone, or otherwise, without the actual, personal appearance of the

individual making the acknowledgment or affidavit before the officiating

notary, is illegal.


The attention of all notaries public is called to the following judicial

declarations concerning such misconduct:


“The court again wishes to express its condemnation of the acts of

notaries taking acknowledgments or affidavits without the presence of

the party whose acknowledgment is taken for the affiant, and that it

will treat serious professional misconduct the act of any notary thus

violating his official duty.” (Matter of Napolis, 169 App. Div. 469,

472.)


“Upon the faith of these acknowledgments rests the title of real

property, and the only security to such titles is the fidelity with which

notaries and commissioners of deeds perform their duty in requiring

the appearance of parties to such instruments before them and always

refusing to execute a certificate unless the parties are actually known to

them or the identity of the parties executing the instruments is

satisfactorily proved.” (Matter of Gottheim, 153 App. Div. 779, 782.)


Equally unacceptable to the Secretary of State is slipshod administration

of oaths. The simplest form in which an oath may be lawfully

administered is:


“Do you solemnly swear that the contents of this affidavit

subscribed by you is correct and true?” (Bookman v. City of New

York, 200 N.Y. 53, 56.)


Alternatively, the following affirmation may be used for persons who

conscientiously decline taking an oath. This affirmation is legally

equivalent to an oath and is just as binding:

“Do you solemnly, sincerely and truly declare and affirm that the

statements made by you are true and correct?”

Whatever the form adopted, it must be in the presence of an officer

authorized to administer it, and it must be an unequivocal and present

act by which the affiant consciously takes upon himself the obligation

of an oath. (Idem, citing People ex rel. Kenyon v. Sutherland, 81 N.Y.

1; O’Reilly v. People, 86 N.Y. 154, 158, 161.)


Unless a lawyer, the notary public may not engage directly or indirectly in

the practice of law. Listed below are some of the activities involving the

practice of law which are prohibited, and which subject the notary public

to removal from office by the Secretary of State, and possible

imprisonment, fine or both. A notary:


1. May not give advice on the law. The notary may not draw any kind

of legal papers, such as wills, deeds, bills of sale, mortgages, chattel

mortgages, contracts, leases, offers, options, incorporation papers,

releases, mechanics liens, power of attorney, complaints and all legal

pleadings, papers in summary proceedings to evict a tenant, or in

bankruptcy, affidavits, or any papers which our courts have said are legal

documents or papers.


2. May not ask for and get legal business to send to a lawyer or

lawyers with whom he has any business connection or from whom he

receives any money or other consideration for sending the business.


3. May not divide or agree to divide his fees with a lawyer, or accept

any part of a lawyer’s fee on any legal business.


4. May not advertise in, or circulate in any manner, any paper or

advertisement, or say to anyone that he has any powers or rights not given

to the notary by the laws under which the notary was appointed.


A notary public is cautioned not to execute an acknowledgment of the

execution of a will. Such acknowledgment cannot be deemed equivalent to

an attestation clause accompanying a will.


Downloads

New York State Notary Law (pdf)Download

PDF Viewer

Download PDF

Copyright © 2024 New York City Notary Public - All Rights Reserved.

  

IMPORTANT: Notary Public does not provide advice on the law or any legal services, which can be provided only by attorneys or other licensed professionals. 

  

I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice

Powered by

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept