Procedure of appointment; fees and commissions; fee payment methods

§ 131. Procedure of appointment; fees and commissions; fee payment
methods. 1. New appointment. (a) Applicants for a notary public
commission shall submit to the secretary of state with their
application, the oath of office, duly executed before any person
authorized to administer an oath, together with their signature.

(b) Upon being satisfied of the competency and good character of
applicants for appointment as notaries public, the secretary of state
shall issue a commission to such persons; and the official signature of
the applicants and the oath of office filed with such applications shall
take effect.

(c) The secretary of state shall receive a non-refundable application
fee of sixty dollars from applicants for appointment, which fee shall be
submitted together with the application. No further fee shall be paid
for the issuance of the commission.

(d) A notary public identification card indicating the appointee's
name, address, county and commission term shall be transmitted to the
appointee.

(e) The commission, duly dated, and a certified copy or the original
of the oath of office and the official signature, and twenty dollars
apportioned from the application fee shall be transmitted by the
secretary of state to the county clerk of the county in which the
appointee resides by the tenth day of the following month. Transmission
may be accomplished by electronic means that results in a submission of
such records and fees by the secretary of state to the county clerk. For
purposes of this section, "electronic" shall have the same meaning as
set forth in section three hundred two of the state technology law.

(f) The county clerk shall make a proper index of commissions and
official signatures transmitted to that office by the secretary of state
pursuant to the provisions of this section.

2. Reappointment. (a) Applicants for reappointment of a notary public
commission shall submit to the secretary of state with their application
the oath of office, duly executed before any person authorized to
administer an oath, together with their signature.

(b) Upon being satisfied of the completeness of the application for
reappointment, the secretary of state shall issue a commission to such
persons; and the official signature of the applicants and the oath of
office filed with such applications shall take effect.

(c) The secretary of state shall receive a non-refundable application
fee of sixty dollars from each applicant for reappointment, which fee
shall be submitted together with the application. No further fee shall
be paid for the issuance of the commission.

(d) The commission, duly dated, and a certified or original copy of
the oath of office and the official signature, and twenty dollars
apportioned from the application fee plus interest as may be required by
statute shall be transmitted by the secretary of state to the county
clerk of the county in which the appointee resides by the tenth day of
the following month. Transmission may be accomplished by electronic
means that results in a submission of such records and fees by the
secretary of state to the county clerk.

(e) The county clerk shall make a proper record of commissions
transmitted to that office by the secretary of state pursuant to the
provisions of this section.

3. Electronic notarization. (a) After registration of the capability
to perform electronic notarial acts pursuant to section one hundred
thirty-five-c of this article, the secretary of state shall transmit to
the county clerk the exemplar of the notary public's electronic
signature and any change in commission number or expiration date of the
notary public's commission. Transmission may be accomplished by
electronic means.

(b) Registration of the capability to perform electronic notarizations
shall be treated as a new appointment by the secretary of state.

4. Fees. (a) Except for changes made in an application for
reappointment, the secretary of state shall receive a non-refundable fee
of ten dollars for changing the name or address of a notary public.

(b) The secretary of state may issue a duplicate identification card
to a notary public for one lost, destroyed or damaged upon application
therefor on a form prescribed by the secretary of state and upon payment
of a non-refundable fee of ten dollars. Each such duplicate
identification card shall have the word "duplicate" stamped across the
face thereof, and shall bear the same number as the one it replaces.

(c) The secretary of state shall accept payment for any fee relating
to appointment or reappointment as a notary in the form of cash, money
order, certified check, company check, bank check or personal check. The
secretary of state may provide for accepting payment of any such fee due
by credit or debit card, which may include payment through the internet.