NY Exec L § 130 (2021)
2021 New York Laws EXC - Executive Article 6 - Department of State 130 - Appointment of Notaries Public.

§ 130. Appointment  of  notaries public. 1. The secretary of state may   appoint and commission as many notaries public for the state of New York   as in his or her judgment may be deemed best, whose  jurisdiction  shall   be  co-extensive  with the boundaries of the state. The appointment of a   notary public shall be for a term of four years. An application  for  an   appointment as notary public shall be in form and set forth such matters   as  the  secretary  of  state shall prescribe. Every person appointed as   notary public must, at the time of his or her appointment, be a resident   of the state of New York or have an office or place of business  in  New   York state. A notary public who is a resident of the state and who moves   out of the state but still maintains a place of business or an office in   New  York  state does not vacate his or her office as a notary public. A   notary public who is a nonresident and who ceases to have an  office  or   place  of  business in this state, vacates his or her office as a notary   public. A notary public who is a resident of New York  state  and  moves   out  of the state and who does not retain an office or place of business   in this state shall vacate his or her  office  as  a  notary  public.  A   non-resident  who  accepts  the  office  of  notary public in this state   thereby appoints the secretary of state as the person upon whom  process   can  be  served  on his or her behalf. Before issuing to any applicant a   commission as notary public,  unless  he  or  she  be  an  attorney  and   counsellor  at  law  duly  admitted to practice in this state or a court   clerk of the unified  court  system  who  has  been  appointed  to  such   position  after  taking  a  civil service promotional examination in the   court clerk series of titles,  the  secretary  of  state  shall  satisfy   himself  or  herself  that the applicant is of good moral character, has   the equivalent of a common school education and  is  familiar  with  the   duties  and responsibilities of a notary public; provided, however, that   where a notary public applies, before the expiration of his or her term,   for reappointment with the county clerk or where a person whose term  as   notary  public  shall  have expired applies within six months thereafter   for reappointment as  a  notary  public  with  the  county  clerk,  such   qualifying  requirements  may  be  waived by the secretary of state, and   further, where an application for reappointment is filed with the county   clerk after the expiration of the aforementioned  renewal  period  by  a   person  who  failed  or  was  unable to re-apply by reason of his or her   induction or enlistment in the armed forces of the United  States,  such   qualifying  requirements  may  also be waived by the secretary of state,   provided such application for reappointment is made within a  period  of   one  year after the military discharge of the applicant under conditions   other than dishonorable, or if the applicant has a qualifying condition,   as defined in section three hundred fifty  of  this  chapter,  within  a   period  of  one  year after the applicant has received a discharge other   than bad conduct or dishonorable from such service, or if the  applicant   is  a discharged LGBT veteran, as defined in section three hundred fifty   of this chapter, within a period of one year  after  the  applicant  has   received  a  discharge  other than bad conduct or dishonorable from such   service. In any case, the appointment or reappointment of any  applicant   is  in  the discretion of the secretary of state. The secretary of state   may suspend or remove from office, for  misconduct,  any  notary  public   appointed  by  him  or  her but no such removal shall be made unless the   person who is sought to be removed shall have been served with a copy of   the charges against him or her and have an opportunity of  being  heard.   No  person  shall be appointed as a notary public under this article who   has been convicted, in this state or any other state or territory, of  a   crime,  unless  the  secretary  makes  a finding in conformance with all   applicable statutory requirements, including those contained in  article    twenty-three-A  of  the  correction  law,  that  such convictions do not   constitute a bar to appointment.2.  A  person  regularly  admitted  to  practice  as  an  attorney and   counsellor in the courts of record of this state, whose office  for  the   practice  of  law  is within the state, may be appointed a notary public   and retain his office as such notary public although he  resides  in  or   removes to an adjoining state. For the purpose of this and the following   sections  of  this article such person shall be deemed a resident of the   county where he maintains such office.