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edelske
New York
815 Posts |
 Posted - 10/16/2013 : 07:56:12 AM
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quote:
Originally posted by LindaH
From your licensing laws:
"Notaries public are commissioned in their counties of residence. After receiving and approving an applicant for a notary public commission, the Secretary of State forwards the commission, the original oath of office and the signature of the notary public to the appropriate county clerk. The county clerk maintains a record of the commission and signature. The public may then access this record and verify the “official” signature of the notary at the county clerk’s office.
Upon request, county clerks will authenticate the signature of the notary on a document and will attest to the notary’s authority to sign. This is normally obtained when the documents will be used outside the State. Notaries who expect to sign documents regularly in counties other than that of their residence may elect to file a certificate of official character with other New York State county clerks."
http://www.dos.ny.gov/licensing/lawbooks/notary.pdf
If you haven't filed your commission in other counties then it appears you can't notarize there. I'd call the licensing division and ask them. Of course, that signer can always come to you.
Linda
http://www.columbiacountynotary.webs.com
http://www.notary.net/websites/LindaHubbell
Linda,
You are correct but describing the procedure for authentication of the notary signature - a prerequisite in NY state for an Apostille. However, simply to notarize - a notary commission issued in any county permits the notary to notarize in every NY county.
Oddly named, the "Certificate of Official Character" is really the signature of the notary filed in other counties, in addition to the county where the notary is registered. Prior to changing the law to permit any NY notary to notarize in all of NY state the notary stamp could add: "Qualified in xxx county". Now that phrase or "Signature filed in xxx county" tells which county clerks (in addition to the "home" county), are able to add the authentication form (by looking up the signature).
An additional use of the authentication form is in the law you cite.
An instrument with such certificate of authentication of the county clerk affixed thereto shall be entitled to be read in evidence or to be recorded in any of the counties of this State in respect to which a certificate of a county clerk may be necessary for either purpose.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 10/16/2013 08:37:07 AM |
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newnotary888
2 Posts |
Posted - 09/10/2013 : 3:03:02 PM
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| Thank you for the reply. The signer would come to Queens, but the company is telling him that it has to be signed & notarized in Westchester. |
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LindaH
Florida
1754 Posts |
Posted - 09/10/2013 : 2:00:43 PM
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From your licensing laws:
"Notaries public are commissioned in their counties of residence. After receiving and approving an applicant for a notary public commission, the Secretary of State forwards the commission, the original oath of office and the signature of the notary public to the appropriate county clerk. The county clerk maintains a record of the commission and signature. The public may then access this record and verify the “official” signature of the notary at the county clerk’s office.
Upon request, county clerks will authenticate the signature of the notary on a document and will attest to the notary’s authority to sign. This is normally obtained when the documents will be used outside the State. Notaries who expect to sign documents regularly in counties other than that of their residence may elect to file a certificate of official character with other New York State county clerks."
http://www.dos.ny.gov/licensing/lawbooks/notary.pdf
If you haven't filed your commission in other counties then it appears you can't notarize there. I'd call the licensing division and ask them. Of course, that signer can always come to you.
Linda
http://www.columbiacountynotary.webs.com
http://www.notary.net/websites/LindaHubbell |
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newnotary888
2 Posts |
Posted - 09/10/2013 : 08:15:06 AM
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Hi,
I am in Queens County. A friend needed a form notarized for a business in Westchester. He told me that the company said that I can not notarize the form for him because I am Queens and that he will need to have it notarized by someone in Westchester. Is this correct? |
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