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