Can You Notarize on Sunday in New York?

There are some documents that must be signed and notarized by a notary public in the presence of witnesses to be considered valid.

These documents can include affidavits, deeds for property, and wills. Others can include contracts and financial agreements or arrangements.

The question of whether a document can be notarized on Sunday in New York has two different answers.

One respondent in the research stated that documents cannot be officially notarized on Sundays.

Another said, “Yes, there is no legal reason that a Notary Public cannot exercise their powers on a Sunday.”

These conflicting responses show the lack of clarity about the process to have a document notarized.

The primary reason legal documents are not notarized on Sundays is that most government agencies and corporations, such as attorney offices, are not open on Sundays.

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What Does It Mean to Have Something Notarized?

Many legal documents need to be signed in the presence of an official Notary Public to be considered legally binding.

This means bringing the documents to a Notary Public so that they can be sworn to and officially signed.

Pre-signed documents are not acceptable. The Notary Public and often a witness has to see the document being signed and dated.

Visiting the County Clerk’s Office

One way to have a document signed by a Notary Public in New York is to visit the Country Clerk’s office.

During regular business hours, they offer these services, often for no cost. You can also find Notaries at other non-governmental businesses and law offices.

What is a Notary Public?

In short, a Notary Public is an individual that is commissioned by the state to provide notary services.

Often, they are simply called a “notary”. Their primary role is to serve as neutral witnesses when an important document is signed.

What Happens When a Document is Notarized?

While a notary serves as a witness to important documents, their powers also include swearing witnesses and taking oaths in cases involving affidavits.

The bottom line is that notary’s signature and seal signify that they, operating as an independent third party, witnessed the signature of the document and that the person’s identity was verified.

What Powers Does the Notary Not Have?

The notary is not involved in any of the matters involved in the documents themselves. Their role is to swear in any witnesses that are providing a written oath.

Their main role, though, is to witness and verify that the signatures on the documents are authentic.

How Does Someone Become a Notary Public in New York?

To get a license to serve as a Notary Public, the person must take fill out an application, take an exam specific to notary public services, pay a fee and swear an oath.

Once passing the requirements, the license is valid for four years. There are some licensed practicing New York attorneys and a few court employees who are not required to take the notary public examination.

Individuals with a Criminal Offense Who Want to Become a Notary Public

Those with a felony conviction will not receive an appointment from the notary commission.

Even some misdemeanors can disqualify an applicant. The exceptions to this rule are if the individual receives an executive pardon, a certificate of good conduct from the parole board, or a certificate of relief from disabilities.

The Role of the County Clerk’s Office with Notaries

The county clerk’s office plays several important roles in the work of notaries. When an individual applies for a license from the notary public commission, it is then forwarded to the Secretary of State.

From there, the commission, oath of office, and signature of the Notary Public to the county clerk in the area where they reside.

From that point, the county clerk’s office maintains the commission record and notary’s signature.

These are available for viewing by the public at the country clerk’s office if they wish to verify a Notary Public’s official signature.

Identification and License of a Notary Public

If there is any question of a Notary Public’s credentials, they are issued an identification card from the Division of Licensing Service within several weeks of receiving their commission.

This ID shows the notary’s name, address, and country. It also lists their commission term (all commission terms are for four years).

New identification is issued when a Notary Public renews their application.

Do Notary Publics Charge for Administering an Oath or Affirmation?

Yes. They can also charge for providing an acknowledgment or proof of execution. However, the law states that they may not charge more than $2 for their notary services.

What Types of Documents Need to be Notarized?

Not all legal documents in New York require notarization. Some that do require a signature before a Notary Public include wills, property deeds, affidavits, and some financial documents and contracts.

Others include Apostille services and certified translation services.

If a Document Does Not Require Notarization, Should You Get It Anyway?

Some people will have a document notarized even though it is not required. This establishes the authenticity of legal documents.

Many take this extra step just in case there are any issues or questions in the future.

What to Bring with You to the Notary Public’s Office

The most obvious thing is to bring the document that needs to be signed in the presence of the Notary Public.

A valid photo ID is also required. If witnesses are needed, they need to come with you. Some notaries can provide witnesses if needed.

Also, have the appropriate fees to pay for the notary service.

The Process of Notarizing a Document

The first step is to have the Notary Public verify the identity of the individual submitting the document using their photo ID.

Then they will watch the individual as they sign the document in question. It’s usually as simple as that.

Documents, such as an affidavit, or those requiring persons to affirm the document or take an oath require the notary to swear in the signer before the person signs the document.

After the individual has signed, the notary will sign their name and date. They will also affix or note their commission’s expiration date.

New York State law does not require the notary to maintain a special seal or stamp with this information, but many often do.

Finding a Notary Public

In New York State, and in much of the country, the county clerk’s office provides notary services.

Often this is a free service or one that is available for a nominal fee. They also often notarize court documents.

There are a number of other businesses that have notary services available. These vary from UPS stores, law offices, pharmacies, private businesses, and shipping service companies.

A quick internet search for the term “notary service in New York” will provide information about providers near your home or business.

Frequently Asked Questions About Notary Services in New York

When are Notary Services Usually Available?

Most notary services providers are available during normal working hours. Many are often open on Saturdays but closed on Sundays.

Technically, they can provide service on Sundays, but many businesses are often closed then. They are also usually closed on major holidays.

Are Walk-Ins Available for Notary Services?

Some companies that operate on a seven-day basis may have this as an option. Most notaries that are independent, and work in law offices or major corporations may not be available on the weekends.

The best option is to contact the Notary Public to determine their availability. Also, many notaries require an appointment for services.

What About Traveling Mobile Notary Services and Remote Virtual Notary Services?

Some notary services agencies will provide traveling mobile notary services. It is something to ask about if it would make your business run more smoothly.

These appointments are available with some notaries who will travel to your home, office, nursing home, hospital, or school.

If a notary provides this service, an appointment will be needed.

Also, due to the COVID-19 pandemic, more notaries are offering remote virtual notary services.

If in-person contact is an issue, search for this option in the New York area. These appointments are conducted using audio and video technology, so you will need to have a computer, tablet, or phone available to conduct the business.

The Process of Remote Online Notary Services in New York

This is a new notary service that was enacted into New York law on February 22, 2022 (section 135-c of the executive law).

The process is similar to an in-person appointment except that it is conducted using audio and video technology with security protocols.

The Notary Public can sign the document in ink or with an electronic signature. The New York County Clerk now accepts these documents into the record under the guidance of the new law.

Do I Need to Bring a Witness?

If the document to be notarized requires that there be witnesses, some notaries can provide the additional people needed.

However, you should ask first to ensure that there is no confusion. If needed, you can bring your own witnesses for the signing.

Do I Need to Be Present at the Notary Signing?

The answer is “yes.” In order for a document to be legally notarized under New York State law, the person needing a legal document notarized must sign it in the presence of a Notary Public.

The document cannot be signed prior to review by the Notary Public. For individuals who cannot be physically present for the notarization, some notaries offer remote online notarization services.

Identification for Notary Services

In order for a legal document to be notarized, the individual must have a government-issued photo ID.

This can be a state driver’s license, Federal ID card, or US passport. It must include a photograph, physical description, and signature.

Some Notary Publics Offer Apostille Certification

An Apostille Certification is the authentication of documents that will be used for international purposes.

This is a service often needed by international corporations and ex-patriots living abroad. The New York County Clerk can also provide this service but allow for approximately 12–14 business days for it to be completed.