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. 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:
Feb. 5, 2021

§ 135’s source at nysenate​.gov

Link Style