N.Y. Executive Law § 130: Appointment of notaries public

§ 130. Appointment of notaries public. 1. The secretary of state may

appoint and commission as many notaries public for the state of New York

as in his or her judgment may be deemed best, whose jurisdiction shall

be co-extensive with the boundaries of the state. The appointment of a

notary public shall be for a term of four years. An application for an

appointment as notary public shall be in form and set forth such matters

as the secretary of state shall prescribe. Every person appointed as

notary public must, at the time of his or her appointment, be a resident

of the state of New York or have an office or place of business in New

York state. A notary public who is a resident of the state and who moves

out of the state but still maintains a place of business or an office in

New York state does not vacate his or her office as a notary public. A

notary public who is a nonresident and who ceases to have an office or

place of business in this state, vacates his or her office as a notary

public. A notary public who is a resident of New York state and moves

out of the state and who does not retain an office or place of business

in this state shall vacate his or her office as a notary public. A

non-resident who accepts the office of notary public in this state

thereby appoints the secretary of state as the person upon whom process

can be served on his or her behalf. Before issuing to any applicant a

commission as notary public, unless he or she be an attorney and

counsellor at law duly admitted to practice in this state or a court

clerk of the unified court system who has been appointed to such

position after taking a civil service promotional examination in the

court clerk series of titles, the secretary of state shall satisfy

himself or herself that the applicant is of good moral character, has

the equivalent of a common school education and is familiar with the

duties and responsibilities of a notary public; provided, however, that

where a notary public applies, before the expiration of his or her term,

for reappointment with the county clerk or where a person whose term as

notary public shall have expired applies within six months thereafter

for reappointment as a notary public with the county clerk, such

qualifying requirements may be waived by the secretary of state, and

further, where an application for reappointment is filed with the county

clerk after the expiration of the aforementioned renewal period by a

person who failed or was unable to re-apply by reason of his or her

induction or enlistment in the armed forces of the United States, such

qualifying requirements may also be waived by the secretary of state,

provided such application for reappointment is made within a period of

one year after the military discharge of the applicant under conditions

other than dishonorable, or if the applicant has a qualifying condition,

as defined in section one of the veterans' services law, within a period

of one year after the applicant has received a discharge other than bad

conduct or dishonorable from such service, or if the applicant is a

discharged LGBT veteran, as defined in section one of the veterans'

services law, within a period of one year after the applicant has

received a discharge other than bad conduct or dishonorable from such

service. In any case, the appointment or reappointment of any applicant

is in the discretion of the secretary of state. The secretary of state

may suspend or remove from office, for misconduct, any notary public

appointed by him or her but no such removal shall be made unless the

person who is sought to be removed shall have been served with a copy of

the charges against him or her and have an opportunity of being heard.

No person shall be appointed as a notary public under this article who

has been convicted, in this state or any other state or territory, of a

crime, unless the secretary makes a finding in conformance with all

applicable statutory requirements, including those contained in article

twenty-three-A of the correction law, that such convictions do not

constitute a bar to appointment.

2. A person regularly admitted to practice as an attorney and

counsellor in the courts of record of this state, whose office for the

practice of law is within the state, may be appointed a notary public

and retain his office as such notary public although he resides in or

removes to an adjoining state. For the purpose of this and the following

sections of this article such person shall be deemed a resident of the

county where he maintains such office.