New York Notary Information

New York Notaries: When Notarizing is Prohibited or Should be Refused
Published September 18, 2026

Circumstances requiring a New York Notary Public to refuse a notarization include (but are not limited to):

1. The individual whose signature requires notarization is not personally present before the Notary—this is the golden rule of notarization.
2. The Notary believes the named signer does not comprehend the document’s effects, or believes the individual is not signing willingly.*
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*A Notary Public must never notarize when the Notary doubts the named signer’s comprehension of the effects of the document, and willing intent to sign. This is one of the most valued services a Notary provides… an impartial third party’s assessment of the named signer’s comprehension and intent.
3. The document presented for notarization is blank or incomplete.
4. The Notary is a party to the document transaction, whether as direct named party or as a person with a beneficial interest. (A beneficial interest can be financial, or otherwise.)
5. The document lacks notarial wording, and neither the named signer nor any other parties connected to the transaction can tell the Notary which signature notarial act—an acknowledgment or oath/affirmation—should be performed. The Notary may not choose the notarial act.
6. The Notary is unsure how to perform the notarization, and cannot obtain qualified assistance (… never guess how to notarize!).
(Note: A New York Notary who is also a licensed New York attorney may notarize for clients.)
7. The notarial language on the document, or the named signer’s request, do not reflect a notarial act at all.
8. When the named signer is a spouse or family member of the Notary (raising doubts about the Notary’s impartiality).
9. When the document and notarial certificate are in a language that is unknown to the Notary, thus preventing the Notary’s review for barriers to notarization.

Remember, never notarize your own signature!

Prohibited Actions
A Notary who is not also a New York-licensed attorney may not:

1. Give advice on the law, including drawing up any kind of legal papers (customarily drawn by an attorney);
2. Request and obtain legal business to send to a lawyer or lawyers with whom the Notary has a business connection or from whom the Notary receives any money or other considerations for sending the business;
3. Divide or agree to divide Notary fees with a lawyer, or accept any part of a lawyer’s fee on any legal business;
4. Advertise in, or circulate in any manner, any paper or advertisement, or say to anyone that he/she/they have any powers or rights not given to the Notary by the laws under which the Notary was appointed.
5. Advertise using foreign terms including but not limited to “abrogado,” “mandataire,” “procuratore,” “Адвокат,” 律師, and “avoca.”

Advertising; Notary Fees
New York Notaries who are not also attorneys are subject to strict requirements governing advertising. These requirements protect the public against unscrupulous persons who misrepresent the limits of authority and power of a Notary Public.

New York Notaries should carefully read NY Law §135-a, §135-b, §460-d, and Department of State Administrative Rule §200.1 for requirements regarding advertising of notarial services.

For performing a notarial act,* a New York Notary may charge these maximum fees:
• Taking an acknowledgment or proof - $2 per person plus $2 for each witness sworn in;
• Administering an oath or affirmation (with jurat certificate) - $2 per person unless another fee is specified by statute;
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* These are the allowable fees for notarization of a tangible (paper) document for a physically present individual.

A New York Notary may not charge a fee for administering an oath of office to any public officer or employee, or to a military officer.

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