Key Legal Framework & Authorities

The primary statute is Article 6 of the New York Executive Law, especially § 130 (appointment of notaries) and § 135-c (electronic notarization) among others. (Justia Law)
The New York Secretary of State issues regulations (19 NYCRR Part 182) implementing those statutory provisions, including rules for record-keeping, electronic notarization, etc. (New York City Bar Association)

Appointment, Term & Qualifications

A notary public is commissioned by the Secretary of State, and their jurisdiction extends statewide. (Justia Law)
The term of a notarial commission is four years. (Justia Law)
To be eligible, one generally must:
• Be at least 18 years old (Notaries)
• Be a resident of New York State, or have an office or place of business in New York State (Justia Law)
• Be of “good moral character” and have the equivalent of a common school (elementary) education (Justia Law)
• Not have certain disqualifying criminal convictions (felonies or certain misdemeanors) (US Legal Notaries)
Attorneys admitted to practice in New York and court clerks of the Unified Court System may be exempt from the written notary exam. (Department of State)

To become a notary, one must submit an application to the Department of State and pay a fee. (Department of State)
Applicants (unless exempt) must pass a written examination (multiple choice, one hour) on notary law and procedure. (National Notary Association)
The exam fee is $15. (Department of State)
The application (for initial or renewal) costs $60. (Department of State)
The oath of office must be taken and filed as part of the process. (Department of State)

A New York notary’s powers include:
• Administer oaths and affirmations (Department of State)
• Take affidavits and depositions (Department of State)
• Receive and certify acknowledgments or proofs of execution of instruments (deeds, powers of attorney, mortgages, etc.) (Department of State)
• Demand acceptance or payment of foreign/inland bills of exchange, promissory notes, obligations, and protest for nonpayment (in certain circumstances) (Department of State)
A notary cannot notarize their own signature or act as both the signer and the notary on the same document. (New York State Unified Court System)
The person whose signature is to be notarized must be physically present before the notary (for in-person acts). (New York State Unified Court System)
Notaries should not certify “true copies” of public records (i.e. birth certificates, marriage records) in the way that some jurisdictions allow; the New York notary’s power in that regard is limited, and such copies generally must come from the issuing agency. (Wikipedia)
When signing a notarial certificate, the notary must also include (by print, type, stamp, or electronic means) beneath their signature: their name, “Notary Public State of New York,” the county in which they qualified (or filed), and the commission expiration date. In New York City (or counties in the city), an official number assigned by the county clerk may also be required to be included. (FindLaw Codes)

As of January 25, 2023, all New York notaries are required to keep a journal (record) of their notarial acts, both in-person and electronic. (Keane & Beane P.C.)
The journal must be maintained contemporaneously (i.e., at the time of or immediately after the act) and retained for 10 years. (Keane & Beane P.C.)
The record must include, among other required elements:
• Date and time of the notarial act (Empire Justice Center)
• Type of notarial act performed (acknowledgment, oath, jurat, etc.) (Empire Justice Center)
• Name and address of the person for whom the act was performed (Empire Justice Center)
• Method used to verify identity of the signer (e.g. personal knowledge, credible witness, identification documents) (New York City Bar Association)

Recent amendments authorize electronic notarial acts. (Harris Beach Murtha)
Remote online notarization (RON) is permitted under certain conditions:
• The notary and the signer must be able to see and hear each other in real time (simultaneous communication) via approved technology. (Harris Beach Murtha)
• The notary must be physically located within New York State at the time of the remote notarization (though the signer may be located elsewhere). (Harris Beach Murtha)
• The electronic notarial act must comply with the rules and security and record-keeping requirements set by the Department of State. (National Notary Association)
However, there are restrictions on when electronic notarization may be used for documents affecting real property (such as deeds). The regulations limit the use of electronic notarial acts in real property transactions unless certain conditions are met. (National Notary Association)

Notaries may charge fees, but these are regulated for certain acts. (US Legal Notaries)
The maximum statutory fees include (but may not be limited to):
• Up to $2.00 for taking an acknowledgment or proof of execution or administering an oath or affirmation (US Legal Notaries)
Notaries may also charge a separate travel fee, which is not regulated by state law (i.e. can be negotiated) (Wikipedia)

As of January 1, 2024, New York eliminated the mandatory notarization requirement for affidavits and sworn documents in civil cases in state courts: parties may instead “affirm” their statements under penalties of perjury. (Cullen and Dykman LLP)
The 2022–2023 amendments to the notarial law (Executive Law §§ 130, 135-c) and the new regulation 19 NYCRR Part 182 introduced and clarified the record-keeping obligations and electronic notarization regime. (New York City Bar Association)