NYS - New York State Notary Notarial Fees and Records Questions and Answers 1 — Questions and Answers
Question 1: A client brings a document with signature lines for three separate individuals, all of whom are present. The notary administers an oath to each person and completes the jurat. According to New York Executive Law, what is the maximum total fee the notary may charge for this service?
- $2.00
- $4.00
- $6.00 (Correct answer)
- $10.00
Correct answer: $6.00
According to New York Executive Law § 136, a notary is entitled to charge $2.00 for administering an oath or affirmation to one person. Since there are three individuals, the total fee is calculated as $2.00 per person, resulting in a maximum charge of $6.00.
Question 2: Which of the following statements is TRUE regarding a New York Notary's obligation to maintain records of notarial acts?
- A notary is only required to keep a journal for electronic notarizations.
- A journal is recommended by the Department of State but is not mandatory.
- All notaries must maintain a journal of all notarial acts for a minimum of ten years. (Correct answer)
- Notaries must submit their record book to the County Clerk annually for review.
Correct answer: All notaries must maintain a journal of all notarial acts for a minimum of ten years.
Effective January 25, 2023, New York law requires ALL notaries, for both traditional and electronic notarizations, to keep a journal of every notarial act performed. This record must be maintained for at least ten years.
Question 3: A notary public is found to have knowingly and willfully charged a client $5.00 for taking a single acknowledgment, which is above the statutory limit. This action constitutes official misconduct and may subject the notary to which of the following?
- A verbal warning from the Secretary of State for a first offense.
- A civil lawsuit for triple the amount of the overcharge.
- A mandatory 5-year suspension of their commission.
- Both criminal penalties and potential removal from office. (Correct answer)
Correct answer: Both criminal penalties and potential removal from office.
Overcharging for notarial services is a serious offense. A notary who knowingly charges more than the legally prescribed fee can be found guilty of official misconduct, which is a misdemeanor punishable by criminal penalties. Additionally, the Secretary of State can suspend or remove the notary from office. The signer can also sue for treble (triple) damages, but the most severe consequences include criminal charges and loss of commission.
Question 4: To have their signature and authority officially recognized in other counties within New York State, a notary can file a specific document with the County Clerk of that other county. What is the fee charged by the County Clerk for filing this document, known as a 'certificate of official character'?
- $2.00
- $5.00
- $10.00 (Correct answer)
- $20.00
Correct answer: $10.00
The fee for a County Clerk to file a certificate of official character for a notary who qualified in a different county is $10.00. This allows the notary's signature to be authenticated in the county where the certificate is filed.
Question 5: A New York notary public performs a traditional, in-person notarization. According to the record-keeping requirements, which of the following pieces of information MUST be entered into the notary's journal?
- The signer's social security number.
- The fee charged for the notarial act.
- The type of credential used to identify the principal. (Correct answer)
- A photocopy of the notarized document.
Correct answer: The type of credential used to identify the principal.
New York regulations (19 NYCRR 182.9) mandate that a notary's journal entry must include specific details, such as the date and time, type of act, name and address of the individual, and the type of credential used for identification (e.g., driver's license, passport). While a notary may record the fee, it is not a required element of the journal entry, and social security numbers or copies of the document are not required.
Question 6: According to New York Executive Law § 136, what is the maximum fee a notary public may charge for taking and certifying the acknowledgment of a written instrument for the FIRST person, and for EACH additional person on the same instrument?
- $2.00 for the first person, and $1.00 for each additional person.
- $5.00 for the first person, and $2.00 for each additional person.
- $2.00 for the first person, and $2.00 for each additional person. (Correct answer)
- $3.00 for the first person, and $3.00 for each additional person.
Correct answer: $2.00 for the first person, and $2.00 for each additional person.
Executive Law § 136 explicitly states the fee for taking and certifying an acknowledgment or proof of execution is $2.00 for one person, and $2.00 for each additional person whose acknowledgment is taken on the same document. While there has been proposed legislation to increase fees, the current law sets the rate at $2.00 per person.
NYS - New York State Notary Notarial Fees and Records Questions and Answers 1
A client brings a document with signature lines for three separate individuals, all of whom are present.
The notary administers an oath to each person and completes the jurat.
According to New York Executive Law, what is the maximum total fee the notary may charge for this service?