10 Notary Mistakes That Can Get Your Commission Revoked in NY
The NY Secretary of State can revoke a notary commission for misconduct, fraud, or misrepresentation. These are the specific violations that most commonly lead to disciplinary action.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Notarizing without the signer present
The signer must appear before you in person (or via approved RON) at the time of notarization. Pre-signing and then having someone else bring the document to you later is invalid and potentially fraudulent.
Failing to verify identity
You must verify every signer's identity before notarizing. Relying solely on someone saying "I know them" without ID is not sufficient. A government-issued photo ID is the standard.
Notarizing a document in which you have a financial interest
NY law prohibits a notary from notarizing any document in which they have a direct financial interest. If you stand to gain financially from the document, recuse yourself and find another notary.
Practicing law
Notaries who are not licensed attorneys cannot draft legal documents, advise on legal strategy, or tell signers what documents they "should" sign. This is the unauthorized practice of law - a serious violation.
Notarizing after commission expiration
Any notarization performed after your commission expiration date is legally invalid. Track your expiration date and renew early. The $2 per act and travel fee you collected for invalid notarizations can create significant liability.
Charging more than the statutory fee for the notarial act
The statutory maximum for a notarial act in NY is $2 per act ($25 for RON). Charging more for the notarization itself (not travel) is a violation. Travel fees are separate and unregulated.
Notarizing an incomplete document
Never notarize a document with blank spaces that are intended to be filled in later. Blank spaces can be fraudulently completed after the notarization. Insist that all blanks are filled or drawn through before you sign.
Using a non-compliant or expired stamp
Your stamp must reflect your current commission information. Using an expired-date stamp, a stamp with the wrong name, or no stamp at all can cause documents to be rejected and raises questions about the validity of the notarization.
Failing to update your address with the DOS
NY law requires notaries to notify the Secretary of State within 30 days of an address change. Failure to do so is a violation of your notary obligations.
Acting before taking the oath of office
You are not authorized to perform notarizations until you have taken your oath of office after receiving your commission. Notarizing before taking the oath is invalid.
What Happens If You Are Reported for Misconduct
The NY Secretary of State has the authority to remove a notary public for misconduct. The process requires the notary to be served with a copy of the charges and given an opportunity to be heard. Removal is by the Secretary of State, not a court.
In addition to removal, certain notary violations carry criminal penalties. Executing a false certificate, for example, is a misdemeanor under NY law. Fraud involving notarized documents can escalate to felony charges depending on the circumstances.
A removed notary may reapply after the disciplinary period, subject to DOS discretion.
Study NY Notary Law Thoroughly
The misconduct and removal section is tested on the exam. Know the rules before you get commissioned.
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