New York notarization requirements
For some documents, e.g. powers of attorney, affidavits, consents, copies of passports, IDs, certified copies of diplomas and transcripts, etc. notarization is required before the document is submitted for an apostille or embassy legalization. It is very important that the document is properly notarized, otherwise it will be rejected by the county clerks' office which is the first and nexessary step before the document is submitted to the Office of the Secretary of State for an apostille or foreign certification.
Sample notarial statements:
Both acknowledgment and jurat can be used for personal and corporate powers of attorney, affidavits, letters, statements, signed by a person in individual or representative capacity.
Acknowledgment:
State of New York )
) ss.:
County of . . . . . . . )
On the . . . . . . day of . . . . . . in the year 20 . . . . before me, the undersigned, personally appeared . . . . . ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),
_______________ [Notary stamp]
Notary Signature
[Notary's name] Date:
Notary Public, State of New York
Registration.....
Qualified in ....... County
My commission expires ...
Jurat:
State of New York )
) ss.:
County of . . . . . . . )
Subscribed and sworn to before me this ........ day of ........, 20 ......
_______________ [Notary stamp]
Notary Signature
[Notary's name] Date:
Notary Public, State of New York
Registration.....
Qualified in ....... County
My commission expires ...
For company documents, a corporate acknowledgment can be used:
Corporate acknowledgment:
State of New York )
) ss.:
County of . . . . . . . )
On the ...... day of ...... in the year ... before me personally came ...... [ name of the signer ] to me known or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument, who, being by me duly sworn, did depose and say that he/she is the .......... [ position, e.g. the president or other officer or director or attorney in fact duly appointed ] of the .......... [ name of corporation ], the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; and that he/she signed his/her name thereto by like authority.
_______________ [Notary stamp]
Notary Signature
[Notary's name] Date:
Notary Public, State of New York
Registration.....
Qualified in ....... County
My commission expires ...
Frequently asked questions:
Can birth, death, marriage certificates be notarized?
No. By law New York notaries public cannot notarize copies of vital records (birth death, marriage certificates). If you need a birth certificate, a death certificate or a marriage certificate apostilled, you will need a certified copy.
Can a New York notary attest to copies of the documents?
No, New York notaries are not authorized to certify copies of any documents. A notary public cannot just write "This is a true copy of the original document", sign and affix his ot her seal. If you need a notarized copy of a document apostilled, write an affidavit that a copy of the document is a true copy, sign and have your signature notarized.
Please note that this does not apply to copies of vital records (birth, death, marriage certificates), court documents (e.g. divorce judgments), and documents issued by the New York State Secretary of State (e.g. Articles of Incorporation, Amendment, Certificates of Status, etc.)
Are electronically notarized documents eligible for apostilles?
The procedure is still unclear. According to the NYS Secretary of State:
Will electronically notarized documents be accepted by a county clerk or other government offices?
Yes, through use of the papering out process. The new law states, in part, “[a] county clerk, city registrar, or other recording officer where applicable shall accept for recording a tangible copy of an electronic record and that is otherwise eligible to be recorded under the laws of this state if the record has been certified by a notary public or other individual authorized to perform a notarial act.” New York Executive Law § 135-c(6)(d)(ii). To be accepted, the notary would first have to certify the electronically notarized document. New York Executive Law § 135-c(6)(d)(i). Specific questions about filing such documents should be directed toward the filing office where the document will be submitted.
Why can a notarized document be rejected?
There are many reasons why a notarized document can be rejected by the county clerk's office. Here are the three most common reasons:
(1) The notarization is missing the venue
State of New York )
) ss.:
County of . . . . . . . )
(2) The notarization is missing acknowledgment or jurat. Below are sample New York State acknowledgment and jurat.
Sample Certificate of Acknowledgment:
State of New York )
) ss.:
County of . . . . . . . )
On the . . . . . . day of . . . . . . in the year 20 . . . . before me, the undersigned, personally appeared . . . . . ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),
_______________ [Notary stamp]
Notary Signature
[Notary's name] Date:
Notary Public, State of New York
Registration.....
Qualified in ....... County
My commission expires ...
Sample Jurat
State of New York )
) ss.:
County of . . . . . . . )
Subscribed and sworn to before me this ........ day of ........, 20 ......
_______________ [Notary stamp]
Notary Signature
[Notary's name] Date:
Notary Public, State of New York
Registration.....
Qualified in ....... County
My commission expires ...
(3) The signature of the notary is different as compared to the sample signature filed with the county clerk's office. Please tell the notary that your document is intended for a New York apostille, and will be taken to the county clerk's office.
Notaries public are commissioned in their counties of residence. The county clerk maintains a record of the commission and sample signature. The public may then access this record and verify the “official” signature of the notary at the county clerk’s office. However, the signature of the notary can be verified only if it looks the same as the sample signature. The county clerk actually compares the signatures. In some counties the image of the signature is in the computer (Kings county), other counties (including NYC, Nassau and many others) still use the old fashioned card system.
The above three reasons for failure to complete the first step of the apostille procedure are not all-inclusive. There are many more.
