N.Y. Executive Law Section 135
Powers and duties

  • in general
  • of notaries public who are attorneys at law
Every notary public duly qualified is hereby authorized and empowered within and throughout the state to administer oaths and affirmations, to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country may be exercised and performed by notaries public, provided that when exercising such powers he shall set forth the name of such other jurisdiction. A notary public who is an attorney at law regularly admitted to practice in this state may, in his discretion, administer an oath or affirmation to or take the affidavit or acknowledgment of his client in respect of any matter, claim, action or proceeding. For any misconduct by a notary public in the performance of any of his powers such notary public shall be liable to the parties injured for all damages sustained by them. A notary public shall not, directly or indirectly, demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft and giving the requisite notices and certificates of such protest, including his notarial seal, if affixed thereto, any greater fee or reward than seventy-five cents for such protest, and ten cents for each notice, not exceeding five, on any bill or note. Every notary public having a seal shall, except as otherwise provided, and when requested, affix his seal to such protest free of expense.

Source: Section 135 — Powers and duties; in general; of notaries public who are attorneys at law, https://www.­nysenate.­gov/legislation/laws/EXC/135 (updated Feb. 5, 2021; accessed Oct. 25, 2025).

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
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Verified:
Oct. 25, 2025

Last modified:
Feb. 5, 2021

§ 135. Powers & duties's source at nysenate​.gov

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