Key Takeaways
- A notary public is a public officer appointed by the Secretary of State to serve as an impartial witness
- The primary purpose is to prevent fraud by verifying the identity of document signers
- New York notaries are appointed for a 4-year term
- Notaries do NOT verify the truthfulness or legality of document contents
- Attorneys admitted to practice in New York are exempt from the notary exam
Overview of the Notary Public Role
In the Empire State, every real estate closing, power of attorney, and countless other important transactions rely on a critical gatekeeper—the notary public. As a New York notary, you'll serve as an impartial witness who helps ensure that document signers are who they claim to be, protecting New Yorkers from fraud.
What Is a Notary Public?
A notary public is a public officer appointed by the New York Secretary of State. The primary role is to serve as an impartial witness in document execution, administering oaths, and taking acknowledgments.
| What You Are | What You Are NOT |
|---|---|
| Public officer | Government employee |
| Impartial witness | Party to the transaction |
| Identity verifier | Document content verifier |
| Fraud preventer | Legal advisor |
| State-commissioned | Licensed attorney (unless separately) |
Core Notarial Functions in New York
New York notaries are authorized to perform these specific acts:
| Function | What You Do |
|---|---|
| Take acknowledgments | Confirm signer acknowledges their signature |
| Administer oaths and affirmations | Have signers swear to truthfulness |
| Take affidavits and depositions | Record sworn statements |
| Receive and certify acknowledgments | Witness signatures and certify them |
| Demand acceptance or payment | Present commercial paper for payment |
What You Do NOT Do
Understanding your limits is equally important:
| Prohibited Action | Why |
|---|---|
| Verify document truthfulness | Not your job—you're not a fact-checker |
| Provide legal advice | Unauthorized practice of law |
| Explain legal effects | Unauthorized practice of law |
| Prepare legal documents | Only attorneys may do this |
| Notarize documents where you have interest | Conflict of interest |
The Principle of Impartiality
Your most important quality is impartiality. You cannot have a financial or beneficial interest in the transaction.
Critical Rule: You may NOT notarize a document if:
- You are a party to the transaction
- You have a financial interest in the outcome
- You will directly benefit from the transaction
- The document is incomplete
Attorney Exemption
Important: Attorneys who are admitted to practice law in New York State are automatically entitled to receive a notary public commission WITHOUT taking the exam. They must still apply and pay the fee.
On the Exam
Expect 2-3 questions on the notary's role. Key points tested:
- Primary purpose: Verify identity and prevent fraud
- NOT your job: Verify document truthfulness or legality
- Impartiality: Cannot have a stake in the transaction
- Attorney exemption: NY-admitted attorneys don't need the exam
What is the PRIMARY purpose of a notary public?
Which of the following is TRUE about New York attorneys and notary commissions?