The NY Notary License Law Booklet, Section by Section: What Each Page Means and How It’s Tested

The New York notary exam has one question source, and the Department of State says so itself. The official exam information published with the state’s exam schedule states that exam topics are “as outlined in the ‘Notary Public License Law’ booklet available from the Division of Licensing Services.” Not a textbook. Not a third-party guide. A free, 22-page booklet. The March 2026 edition is current.

That is the strategic picture: closed-book exam, 22-page booklet, every question traceable to those pages. This companion walks it section by section: what each part says, what it means, how the exam tests it (with real question styles from our verified bank), and the trap the exam sets there.

The booklet at a glance

Booklet section	Pages	What’s there	Course lessons
Introduction	1-2	$60 application, pass slip, attorney exemption, 4-year term	1, 2, 4
Professional conduct + oath/affirmation forms	5	Personal appearance rule, the two prescribed forms, UPL limits	1, 8, 10
Executive Law §§130-133: appointment	5-7	Eligibility, disqualifications, official-character certificates	2, 3, 5, 6
Executive Law §135: powers, protest fees	7-8	The six powers, protest fee math, attorney-notary privileges	7, 9
Executive Law §§135-a, 135-b: violations, advertising	8	Acting without appointment; advertising disclaimer and penalties	11, 20
Executive Law §135-c: electronic notarization	8-10	Registration, location rules, identity proofing, retention	17, 18
Executive Law §§136-137: fees, Statement of Authority	10	The fee schedule; the four elements beneath your signature	9, 15
Executive Law §138: corporate-officer notaries	10	When an employee-notary may act for the employer	12
Executive Law §142-a: validity despite defects	10-11	Six defects that do not invalidate a notarization	21
Real Property Law §290, §333; proofs of execution	11-12	“Conveyance,” recording language, subscribing witness	13, 14, 15
Banking Law §335 and miscellaneous statutes	13	Safe deposit boxes; depositions; marriage prohibition	16, 19
Judiciary Law and Penal Law provisions	14-15	Unauthorized practice of law; forgery; false certificate	10, 20, 22
19 NYCRR Part 182: the regulations	15-19	E-notarization detail, recordkeeping, every state fee	17, 18
Definitions and General Terms (glossary)	19-22	The vocabulary behind roughly a quarter of the exam	13, 26, 27

Section by section, then.

Introduction, pages 1-2: how a commission works

What it says. Notaries are commissioned by the Secretary of State. An applicant submits an original application, a $60 fee, and a “pass slip” showing they passed the exam; the application includes an oath of office that must itself be sworn and notarized. Attorneys admitted in New York may be appointed without an exam. The term is four years. Notaries are commissioned in their counties of residence, and the Secretary of State forwards the commission, oath, and signature to the county clerk, who keeps the public record.

What it means. Two offices do two different jobs: the Secretary of State appoints you; the county clerk records you. Most questions here are really asking which office does what.

How it’s tested. From our bank: *”A commission is issued for a four-year term and filed with one official after appointment. Which official receives the filed commission and official signature?”* Answer: the County Clerk of the county of qualification (pp. 2, 6).

The trap. Options that swap in the Attorney General, the Governor, or a “Superior Court” (an office New York doesn’t have).

Page 5: professional conduct and the two forms to know word for word

What it says. The densest page in the booklet. Taking acknowledgments or affidavits without the signer’s personal appearance (“over the telephone, or otherwise”) is illegal. Then the simplest lawful oath is printed:

> “Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?”

…followed by the affirmation for people who conscientiously decline an oath, “legally equivalent to an oath and is just as binding”:

> “Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?”

The page then lists the practice-of-law prohibitions (no advice on the law, no drafting legal papers, no steering business to lawyers for pay, no fee-splitting, no advertising powers you don’t have), and cautions that a notary should not execute an acknowledgment of a will.

What it means. Personal appearance is the job. The oath and affirmation are prescribed forms, and the choice between them belongs to the affiant. You may not ask why someone prefers an affirmation. Both have identical legal effect.

How it’s tested. The exact-wording question is near-universal: *”Which exact statutory wording does the notary use for the affirmation?”* (p. 5). Scenario versions: an affidavit signed yesterday must be re-signed in your presence if a jurat is required; a telephone notarization request is always refused.

The trap. The word-order flip: the oath ends “correct and true,” the affirmation ends “true and correct.” Wrong answers are the same sentences with the order swapped or “swear” left in the affirmation. This is the single most tested item in the booklet.

Executive Law §130 and following, pages 5-7: who qualifies

What it says. You must be a New York resident or maintain an office or place of business in the state. Unless you are an attorney or a Unified Court System court clerk who earned the position through the civil-service promotional exam, the Secretary of State must be satisfied that you are of good moral character, have the equivalent of a common school education, and are familiar with notary duties. Sheriffs are barred outright. Moving out of state with no New York office vacates the commission, and continuing to notarize afterward is a misdemeanor under §135-a. Pages 6-7 carry the mechanics: the $10 name/address change fee, the $1 statutory Certificate of Official Character fee under §132, and the $3 county-clerk authentication under §133.

What it means. Citizenship is not a stated requirement, and criminal convictions are reviewed individually under Correction Law Article 23-A. Only a few bars are absolute.

How it’s tested. From our bank: *”A legal permanent resident who has lived in Brooklyn for six years wants to apply. Which statement is correct?”* Answer: she is eligible; citizenship is not a stated requirement (p. 5).

The trap. The sheriff is the most-tested disqualification. A sitting sheriff cannot hold a New York notary commission because the state prohibits dual offices.

Executive Law §135, pages 7-8: powers and the protest fee

What it says. §135 enumerates the powers (administering oaths and affirmations, taking affidavits and depositions, taking acknowledgments and proofs of execution, demanding acceptance and payment of bills of exchange and protesting for non-acceptance or non-payment), and at the bottom of page 8 hides the exam’s favorite calculation: no more than 75 cents for a protest, plus 10 cents for each notice, not exceeding five, a $1.25 maximum. §135 also makes a notary liable for misconduct and lets attorney-notaries administer oaths to their own clients, a privilege non-attorneys lack.

What it means. The powers list is short and closed. If an activity isn’t on it (drafting a will, choosing the notarial act, certifying a birth certificate), the answer to “may the notary do this” is no.

How it’s tested. The NOT-question: *”Which of the following is NOT among the official powers of a New York notary?”* Answer: drafting wills (p. 7). The calculation: a protest with the maximum five notices comes to $0.75 + $0.50 = $1.25 (p. 8).

The trap. The numbers are small, which is why they’re missed. And fees count people, not pages: an acknowledgment for four signers is $8, not $2.

Executive Law §§135-a and 135-b, page 8: violations and the advertising disclaimer

What it says. §135-a covers acting without an appointment and fraud in office. §135-b requires any notary who advertises in a language other than English to post a notice in that language with this exact statement:

> “I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.”

Foreign terms implying attorney status are prohibited (§182.1 lists *abogado*, *mandataire*, *procuratore*, and others, p. 15). Penalties escalate: a civil penalty up to $1,000, suspension on a second violation, removal on a third.

How it’s tested. Exact-wording questions on the disclaimer, and the penalty ladder: suspension is triggered by the second violation.

The trap. Attorneys admitted in New York are exempt from §135-b; the first subdivision says so. An option applying the disclaimer rules identically to attorney-notaries is wrong.

Executive Law §135-c (pages 8-10) and 19 NYCRR Part 182 (pages 15-19): electronic notarization

What it says. The core rules:

• Register first. Register the capability with the Secretary of State before any electronic act; the fee is $60 (182.11(b), p. 18).
• Location. The notary must be physically in New York; the principal may be elsewhere: in the U.S., or abroad if the record relates to a U.S. matter.
• Technology. Secure, live, real-time audio-video: never a recording or a phone call.
• Identity. Two or more verification processes (credential analysis, knowledge-based authentication, biometrics) for a signer the notary does not personally know, though the regulations allow personal knowledge of the person appearing by video to satisfy the requirement.
• Records. The audio-video recording is retained at least 10 years (p. 9); every notary must also keep a journal of notarial acts for 10 years under §182.9.
• The certificate. Every electronic notarial certificate must state the person “appeared through use of communication technology” (p. 10).
• Limits and fee. A notary may certify paper copies of electronic records personally verified, but no one may require electronic-only notarization (p. 10). The fee is $25 per electronic act, set by regulation under §136(3) and 182.11(g) (pp. 10, 19).

How it’s tested. From our bank: *”How long must a notary retain the audio-video recording of each electronic notarization?”* Answer: at least 10 years. And: *”The email address on file changes. Within how many days must the change be reported?”* Answer: five days (p. 10).

The trap. The fee pair ($2 traditional, $25 electronic), and who sets the electronic fee (the Secretary of State, by regulation). Also: registering to notarize electronically does not cancel your traditional commission; the two run side by side.

Executive Law §136, page 10: the fee schedule

What it says. $2 for administering an oath or affirmation and certifying it; $2 for an acknowledgment or proof of execution for one person, plus $2 for each additional person; $2 for swearing a witness; electronic notarial services at a fee set by regulation ($25).

What it means. Two dollars is the default; memorize the exceptions: protest math on page 8, and the state-side fees in §182.11: $60 application, $60 renewal, $60 electronic registration, $15 exam, $10 changes and duplicates.

The trap. The fees are maximums. You may always charge less or nothing, but a signer’s consent to pay *more* is no defense to an overcharge. The exam quotes plausible wrong numbers ($5 for an oath) and asks whether they’re lawful.

Executive Law §137, page 10: the Statement of Authority

What it says. Beneath every signature, in black ink: (1) the notary’s name, (2) “Notary Public, State of New York,” (3) the county of original qualification, (4) the commission expiration date. Add “Certificate filed ___ County” where applicable; New York City notaries add their official number; attorneys may substitute “Attorney and Counselor at Law.” §137 ends with the clause the exam loves: no official act is invalid merely for failing to comply, but willful failure invites discipline.

How it’s tested. The NOT-question: *”Which is NOT required on the Statement of Authority?”* Answer: name, title, and expiration are required; the notary’s home address is not (p. 10).

The trap. The seal. Seals are optional in New York, and the glossary (p. 21) records DOS’s opinion that a seal need carry only the notary’s name and “Notary Public for the State of New York.” The four-element rule governs the statement beneath your signature, not the stamp. And the county of qualification never changes, even if you move.

Executive Law §138, page 10: the corporate-officer notary

What it says. A notary who is a stockholder, director, officer, or employee of a corporation may notarize for the corporation’s instruments, swear its people, and protest its paper, but may not act where the notary is individually a party to the instrument or has a financial interest in it.

How it’s tested. Scenarios: a bank-teller notary notarizing a customer’s document (fine) versus a notary notarizing a document she is named in (decline).

The trap. The trap is over-correction: refusing every employment-connected act. Being on the payroll is fine; being in the transaction is not.

Executive Law §142-a, pages 10-11: valid despite defects

What it says. Official acts are not invalidated by six listed defects (including ineligibility, a misnomer in the commission, omission to file the official oath, expiration of the term, vacating the office, and acting outside the authorized jurisdiction). The protection does not reach someone who knew of the defect, and subdivision 5 preserves the notary’s criminal liability.

What it means. The cure protects the public’s documents, not the notary.

How it’s tested. From our bank: *”A deed was notarized by a notary whose commission had expired three days before the closing. What is the effect on the notarization?”* Answer: it remains valid (pp. 10-11).

The trap. The inverse question (which defect §142-a does NOT cure), and any option suggesting the *notary* is shielded. The documents are; the notary is not.

Real Property Law §§290 and 333; proofs of execution, pages 11-12

What it says. Under RPL §290, a “conveyance” is every written instrument creating, transferring, mortgaging, or assigning an interest in real property, excluding wills, leases of three years or less, executory contracts for the sale of land, and powers to convey as agent. RPL §333(2) requires English (or a certified translation) for recording. Page 12 prints the subscribing-witness form for a proof of execution.

How it’s tested. From our bank: *”Under RPL §290, ‘conveyance’ refers to which category of property?”* Answer: real estate (p. 11). And the NOT-version, where the warranty deed is the conveyance and the exclusions are the wrong answers.

The trap. “Conveyance” means real estate on this exam, full stop. And its exclusions are as testable as its definition.

Banking Law §335 and the miscellany, page 13

What it says. After a Special Note confirming statewide authority, page 13 holds three compact rules. Safe deposit boxes (Banking Law §335): after 30 days’ notice, the bank may open the box in a notary’s presence, remove and inventory the contents; the notary files a sealed certificate stating the date, the lessee’s name, and a list of contents, with a copy mailed to the lessee within 10 days. CPLR 3113 authorizes depositions before notaries. And under Domestic Relations Law §11, a notary may not solemnize marriages, nor even take the acknowledgment of parties to a marriage contract.

How it’s tested. Sequencing (30 days first, always), the “who inventories” split, and the 10-day mailing rule. Test-taker reports consistently rank banking questions as more numerous than expected.

The trap. The division of labor: the bank inventories; the notary witnesses and certifies. An option with the notary handling the property is wrong. And the marriage question is free points: never, no exceptions.

Judiciary Law and Penal Law, pages 14-15: the crimes

What it says. Page 14 makes unauthorized practice of law a crime, quoting *People v. Alfani* (drafting agreements, organizing corporations, preparing wills are “law practice”) and condemning notary-supervised will executions (*Matter of Flynn*). Page 15 sets the grades: forgery in the second degree (§170.10), issuing a false certificate (§175.40, a class E felony), official misconduct (§195.00), and perjury for one who swears falsely.

How it’s tested. Grade-matching: the class E felony is knowingly certifying a signer appeared who never did, issuing a false certificate.

The trap. Whose crime is it? A false sworn statement is the *affiant’s* perjury; a notary who administers an oath to a statement they know is false faces removal. The exam swaps the consequences between the roles.

19 NYCRR Part 182, pages 15-19: the regulations and every fee

Pages 15-18 hold the detailed e-notarization regulations: definitions (182.2), requirements (182.3-182.4), identity evidence (182.5), credential analysis (182.6), identity proofing (182.7), communication technology (182.8), and recordkeeping (182.9, the 10-year journal rule). You don’t need these line by line; know that Part 182 exists, that it implements §135-c, and that §182.11 (pp. 18-19) collects every fee in one place: $60 application, $60 renewal, $60 electronic registration, $15 per exam sitting, payable on exam day, $10 changes and duplicates, $2 traditional acts, $25 electronic acts.

The glossary, pages 19-22: roughly a quarter of the exam

The “Definitions and General Terms” section is the highest-yield stretch in the booklet. About 25% of the exam is vocabulary, tested by exact definition, and test-taker reports describe entire exam forms that leaned heavily on these four pages. The pairs the exam exploits:

• Affidavit vs. deposition: both sworn written statements; a deposition is tied to a court proceeding. The affidavit’s signer is the *affiant*; the deponent gives deposition testimony.
• Jurat vs. acknowledgment: a jurat (“Sworn to before me this ___ day of ___,” the form printed on page 21) requires an oath and a signature in your presence; an acknowledgment requires neither, since the signer only declares a prior signing was voluntary.
• Executor vs. administrator: an executor is named in the will; a court appoints an administrator when there is no will (intestate).
• Testator, codicil, chattel, conveyance, lien, deed, mortgage: the testator makes the will; a codicil amends it; a chattel is personal property; a conveyance is real property; a lien is a claim on property until a debt is paid.
• Attestation clause, laches, statute of limitations: all defined here, all testable.

From our bank: *”A person dies leaving no will. The court appoints someone to administer the estate. What is the title of that person?”* Answer: administrator (p. 19).

The trap. Near-synonym swaps: the wrong answers to a definition question are usually a *different* glossary term’s definition, worded to sound right. Learn the terms in opposition pairs, not in isolation.

How to study the booklet

The method our course teaches: read the booklet twice, once for the shape of the law, once actively, highlighting every number. Build flashcards for every fee, definition, and deadline. Take at least three full 40-question practice exams under timed conditions, spaced over two or three weeks instead of crammed. Study New York law only; other states’ rules cost you points. And drill the glossary last and hardest, because it is the section test-takers most often under-prepare.

Start with the free diagnostic

Before you reread a single page, find out which sections you actually know. Our free NY notary practice test gives you 20 questions from the same verified bank, instant scoring, a topic-by-topic breakdown, and an explanation citing the booklet page for every answer. If the diagnostic shows gaps, the full course walks all 22 pages of this booklet with you: 28 lessons, 222 verified questions, and a timed 40-question simulation.

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*NyNotaryExamPrep.com is an independent exam-prep publisher. We are not affiliated with, sponsored by, or endorsed by the New York State Department of State. The booklet referenced throughout is the state’s own “Notary Public License Law” (March 2026 edition), free at dos.ny.gov; all page citations are to that edition.*