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 Oct. 26, 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‑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
110
Administration of certain monies
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

Accessed:
Oct. 26, 2024

Last modified:
Jul. 7, 2023

§ 131’s source at nysenate​.gov

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