N.Y. Executive Law § 131: Procedure of appointment; fees and commissions; fee payment methods

§ 131. Procedure of appointment; fees and commissions; fee payment

methods. 1. New appointment. (a) Applicants for a notary public

commission shall submit to the secretary of state with their

application, the oath of office, duly executed before any person

authorized to administer an oath, together with their signature.

(b) Upon being satisfied of the competency and good character of

applicants for appointment as notaries public, the secretary of state

shall issue a commission to such persons; and the official signature of

the applicants and the oath of office filed with such applications shall

take effect.

(c) The secretary of state shall receive a non-refundable application

fee of sixty dollars from applicants for appointment, which fee shall be

submitted together with the application. No further fee shall be paid

for the issuance of the commission.

(d) A notary public identification card indicating the appointee's

name, address, county and commission term shall be transmitted to the

appointee.

(e) The commission, duly dated, and a certified copy or the original

of the oath of office and the official signature, and twenty dollars

apportioned from the application fee shall be transmitted by the

secretary of state to the county clerk of the county in which the

appointee resides by the tenth day of the following month. Transmission

may be accomplished by electronic means that results in a submission of

such records and fees by the secretary of state to the county clerk. For

purposes of this section, "electronic" shall have the same meaning as

set forth in section three hundred two of the state technology law.

(f) The county clerk shall make a proper index of commissions and

official signatures transmitted to that office by the secretary of state

pursuant to the provisions of this section.

2. Reappointment. (a) Applicants for reappointment of a notary public

commission shall submit to the secretary of state with their application

the oath of office, duly executed before any person authorized to

administer an oath, together with their signature.

(b) Upon being satisfied of the completeness of the application for

reappointment, the secretary of state shall issue a commission to such

persons; and the official signature of the applicants and the oath of

office filed with such applications shall take effect.

(c) The secretary of state shall receive a non-refundable application

fee of sixty dollars from each applicant for reappointment, which fee

shall be submitted together with the application. No further fee shall

be paid for the issuance of the commission.

(d) The commission, duly dated, and a certified or original copy of

the oath of office and the official signature, and twenty dollars

apportioned from the application fee plus interest as may be required by

statute shall be transmitted by the secretary of state to the county

clerk of the county in which the appointee resides by the tenth day of

the following month. Transmission may be accomplished by electronic

means that results in a submission of such records and fees by the

secretary of state to the county clerk.

(e) The county clerk shall make a proper record of commissions

transmitted to that office by the secretary of state pursuant to the

provisions of this section.

3. Electronic notarization. (a) After registration of the capability

to perform electronic notarial acts pursuant to section one hundred

thirty-five-c of this article, the secretary of state shall transmit to

the county clerk the exemplar of the notary public's electronic

signature and any change in commission number or expiration date of the

notary public's commission. Transmission may be accomplished by

electronic means.

(b) Registration of the capability to perform electronic notarizations

shall be treated as a new appointment by the secretary of state.

4. Fees. (a) Except for changes made in an application for

reappointment, the secretary of state shall receive a non-refundable fee

of ten dollars for changing the name or address of a notary public.

(b) The secretary of state may issue a duplicate identification card

to a notary public for one lost, destroyed or damaged upon application

therefor on a form prescribed by the secretary of state and upon payment

of a non-refundable fee of ten dollars. Each such duplicate

identification card shall have the word "duplicate" stamped across the

face thereof, and shall bear the same number as the one it replaces.

(c) The secretary of state shall accept payment for any fee relating

to appointment or reappointment as a notary in the form of cash, money

order, certified check, company check, bank check or personal check. The

secretary of state may provide for accepting payment of any such fee due

by credit or debit card, which may include payment through the internet.