N.Y. Comp. Codes R. & Regs. tit. 19 § 182.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 182.3 - Requirements for Notaries

(a) All notaries public who wish to perform notarial acts in New York State, must:

(1) satisfy the requirements of sections 130 and 131 of the Executive Law;

(2) obtain satisfactory evidence of the identity of any principal or other individual appearing before the notary in a manner authorized by this Part;

(3) require the personal appearance of all parties to any transaction for which a notarial act is required for the duration of any such transaction, except acts performed as authorized and in conformity with this Part and section 135-c of Executive Law unless a law expressly excludes such authorization;

(4) administer any oath or affirmation as required by the law governing the transaction for which the notarial act is required and, regardless of the county of qualification, include and affix to each instrument requiring an oath or affirmation such notary public's official number;

(5) disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction;

(6) refuse to perform a notarial act when the requirements of this Part are not met, or if the notary is not satisfied that the official record or the presented record evidences the individual's capacity to act as the representative on the record presented for notarization;

(7) maintain records as required by this Part; and

(8) within five days after a change of name, address, or e-mail address, transmit to the secretary of state a notice of the change, signed with the notary public's official signature.

(b) A notary may refuse to perform a notarial act if the notary public is not satisfied that:

(1) the principal is competent or has the capacity to execute a record; and/or

(2) the principal's signature is knowingly and voluntarily made.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 182.3

Adopted New York State Register January 25, 2023/Volume XLV, Issue 04, eff. 1/25/2023