N.Y. Executive Law Section 131
Procedure of appointment

  • fees and commissions
  • fee payment methods

1.

New appointment.

(a)

Applicants for a notary public commission shall submit to the secretary of state with their application, the oath of office, duly executed before any person authorized to administer an oath, together with their signature.

(b)

Upon being satisfied of the competency and good character of applicants for appointment as notaries public, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.

(c)

The secretary of state shall receive a non-refundable application fee of sixty dollars from applicants for appointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.

(d)

A notary public identification card indicating the appointee’s name, address, county and commission term shall be transmitted to the appointee.

(e)

The commission, duly dated, and a certified copy or the original of the oath of office and the official signature, and twenty dollars apportioned from the application fee shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk. For purposes of this section, “electronic” shall have the same meaning as set forth in State Technology Law § 302 (Definitions)section three hundred two of the state technology law.

(f)

The county clerk shall make a proper index of commissions and official signatures transmitted to that office by the secretary of state pursuant to the provisions of this section.

2.

Reappointment.

(a)

Applicants for reappointment of a notary public commission shall submit to the secretary of state with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature.

(b)

Upon being satisfied of the completeness of the application for reappointment, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.

(c)

The secretary of state shall receive a non-refundable application fee of sixty dollars from each applicant for reappointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.

(d)

The commission, duly dated, and a certified or original copy of the oath of office and the official signature, and twenty dollars apportioned from the application fee plus interest as may be required by statute shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk.

(e)

The county clerk shall make a proper record of commissions transmitted to that office by the secretary of state pursuant to the provisions of this section.

3.

Electronic notarization.

(a)

After registration of the capability to perform electronic notarial acts pursuant to § 135-C (Electronic notarization)section one hundred thirty-five-c of this article, the secretary of state shall transmit to the county clerk the exemplar of the notary public’s electronic signature and any change in commission number or expiration date of the notary public’s commission. Transmission may be accomplished by electronic means.

(b)

Registration of the capability to perform electronic notarizations shall be treated as a new appointment by the secretary of state.

4.

Fees.

(a)

Except for changes made in an application for reappointment, the secretary of state shall receive a non-refundable fee of ten dollars for changing the name or address of a notary public.

(b)

The secretary of state may issue a duplicate identification card to a notary public for one lost, destroyed or damaged upon application therefor on a form prescribed by the secretary of state and upon payment of a non-refundable fee of ten dollars. Each such duplicate identification card shall have the word “duplicate” stamped across the face thereof, and shall bear the same number as the one it replaces.

(c)

The secretary of state shall accept payment for any fee relating to appointment or reappointment as a notary in the form of cash, money order, certified check, company check, bank check or personal check. The secretary of state may provide for accepting payment of any such fee due by credit or debit card, which may include payment through the internet.

Source: Section 131 — Procedure of appointment; fees and commissions; fee payment methods, https://www.­nysenate.­gov/legislation/laws/EXC/131 (updated Jul. 7, 2023; accessed Apr. 27, 2024).

90
Department of state 91
Rules 92
Deputies 93
Custody of records 93‑A
Examination of reports 94
Commission on ethics and lobbying in government 94‑A
Consumer protection division 94‑B
Office for new Americans 94‑C
Major renewable energy development program 94‑D
New York Asian American and Pacific Islander commission 95
Legislative manual 96
Fees and refunds 96‑A
Fees for services rendered pursuant to the uniform commercial code 97
Completing unfinished papers 97‑A
Affirmation in lieu of oath 98
Copies of amendments to rules for admission of attorneys 99
Central state registry of security guards 100
Central state registry of armored car guards 100‑A
Information on state agencies pertaining to persons subjected to section seventy-three-a of the public officers law and who hold policy-m... 100‑B
Business entity database 101
Accessibility, rules and regulations 101‑A
Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules 101‑B
Application by municipal corporations for the suspension of certain rules 102
Filing and publication of codes, rules and regulations 103
Future editions and supplements of official compilations 104
Departmental cooperation 104‑A
Departmental cooperation regarding water quality 105
Changes in codes, rules or regulations 106
Proof of codes, rules and regulations 106‑A
Internet access to the New York code, rules and regulations 107
Intergovernmental agreements 108
Address confidentiality program 109
Registration of certain service providers 130
Appointment of notaries public 131
Procedure of appointment 132
Certificates of official character of notaries public 133
Certification of notarial signatures 134
Signature and seal of county clerk 135
Powers and duties 135‑A
Notary public or commissioner of deeds 135‑B
Advertising by notaries public 135‑C
Electronic notarization 136
Notarial fees 137
Statement as to authority of notaries public 138
Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation 139
Commissioners of deeds within the state 140
Commissioners of deeds in the city of New York 141
Commissioners of deeds in other states, territories and foreign countries 142
Powers of such commissioners 142‑A
Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects 143
Fees of such commissioners 144
Saving clause 144‑A
Eligible professions for the purchase, sale, and use of body armor
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Jul. 7, 2023

§ 131’s source at nysenate​.gov

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