A notary at the time of appointment must be either a NYS resident or have a place of business in New York State?
TRUE – a notary must also be a united states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states
A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS?
TRUE – how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public.
In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education?
TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks
The Secretary of State can remove a notary without serving a copy of the charges against him?
FALSE – the secretary of state must serve the charges and give him an opportunity to be heard.
No person shall be appointed a notary who has been convicted of any misdemeanor.
FALSE- a person cannot be appointed a notary if convicted of a felony
No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs?
TRUE – also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board).
An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS?
TRUE – this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State.
The secretary of state shall receive a fee of $20 for changing the name or address of a notary public
FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10.
Only the secretary of state may issue a certificate of official character.
FALSE- the county clerk may also issue a certificate of office
The secretary of state shall collect $10 for the issuance of a certificate official character?
TRUE – the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached
A certification of a notarial signature is issued by the court?
FALSE – a certification of a notarial signature is issued by the county clerk for a fee of $3
No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds
TRUE – also not eligible for appointment as a notary public
A commissioner of elections or inspector of elections is not eligible for the office of notary public.
FALSE- they are eligible for appointment as notary public
No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of MAY 18, 1917?
TRUE- also not eligible if convicted of a violation of the selective training and service act of 1940
There shall be at least one person in the county clerk’s office who shall notarize documents for the public free of charge.
TRUE- that person shall be exempt from the notary public examination fee and application fee.
A member of the legislature may not be appointed a notary public?
FALSE- a member of the legislature may be appointed a notary.
A sheriff may be appointed notary public
FALSE- Sheriffs cannot hold any other office
A notary public shall not notarize a paper if he has a pecuniary interest in the transaction
TRUE- such notarization would be invalid
The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped.
TRUE- also may be photographed or engraved thereon
A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public’s actions
FALSE- a notary public is liable for such damages
A person not commissioned a notary public who acts as a notary public is guilty of a felony.
FALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor
A notary public who is licensed as an attorney in NYS may substitute the words “attorney and counselor at law” for “notary public”
TRUE- also, in NYC all notaries must affix to each instrument their official number
No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137
TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state
a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument.
TRUE- also if the notary public is a director or agent of such corporation
An official certificate of a notary may be valid even if his term of office had expired.
TRUE- also valid if there is a misspelling or other error made in his appointment or commission
An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned
TRUE- also may be valid if there was an omission of the notary public to take or file his official oath.
An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office.
TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act
The term “lien” includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned.
FALSE- the definition applies to the legal term “conveyance”
The term “conveyance” does not include a will or lease for a term not exceeding 3 years.
TRUE – also does not include an executor contract for the sale or purchase of lands
Acknowledgement or proof may be made before a justice of peace in a county containing town, village or city where he is authorized to perform duties
TRUE- applies also to town councilman, village police justice or judge of court of any inferior jurisdiction
Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman.
FALSE- it may be made by a single woman or a married woman
A subscribing witness must state his place of residence but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and how executed the instrument
FALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance.
A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach certificate signed by a country clerk
FALSE- the certificate must be signed by the person taking the acknowledgment of proof
An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured
FALSE- he is liable for damages to the person injured
A conveyance of real property shall not be recorded unless it is in the english language.
FALSE- may be recorded if there is attached to it an official translation proved and authenticated in a manner required of conveyances for recording in NYS
A deposition (may/may not) be taken before a notary public in a civil proceeding?
a deposition may be taking before a notary public in a civil proceeding
Within __ days of the opening of a the safe deposit box, a copy of the notary public’s certificate must be mailed to the lessee at his last known postal address
10 days also the box cannot be opened by the lessor until 30 days after notice to the lessee
A notary public (has/has not) authority to solemnize marriages?
does not have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage
The oath of a public officer (may/may not) be administered by a notary public.
An oath to an official may be administered by a notary public.
A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS
TRUE- there is an exemption for the officers of societies for the prevention of cruelty and certain law students.
Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney
TRUE- notaries public are expressly prohibited from drawing up wills.
a notary public is not a public officer
FALSE- a notary is a public officer and must not act without having and duly filed the required oath of office
A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _
misdemeanor, the oath must be as prescribed by law
A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law.
TRUE- also a public officer cannot charge more for the service than is allowed by law
A public officer cannot receive a fee in advance of rending the service?
FALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him
An officer who violates the fee provisions is liable for treble damages to the person aggrieved
TRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office
The maximum term of an indeterminate sentence shall be at least __ years.
3 years, the term is fixed by the judge
For a class _ felony, the term shall be fixed by the court and shall not exceed 7 years
D
A sentence of imprisonment for a class “a” misdemeanor shall be a _ sentence
maximum of one year of a misdemeanor
A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument
Second degree
Forgery in the second degree is a class _ felony
D
Issuing a false certificate is a class _ felony
E
Official misconduct includes willfully committing an act relating to one’s office constituting an unauthorized exercise of his official functions
TRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office
An officer before whom an oath or affidavit may be taken is bound to administer the same when required.
TRUE- refusal to do so is a misdemeanor
A person is guilty of perjury if under oath or _ he has given false testimony
AFFIRMATION- the testimony must have been given on a material matter
An _ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed.
acknowledgement- the officer must know that the person making it is the person described and who executed the instrument
It is not essential that the person who executed the instrument sign his name in the presence of the notary.
TRUE- however, taking acknowledgements over the phone is illegal
A notary who takes an acknowledgment over the telephone is guilty of a _.
misdemeanor
Unless the person who makes the acknowledgment appears in front of the notary, the notary’s certificate that he so came is _.
Fraudulent
Making a false certificate is forgery in the _ degree
Second
A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest.
should not
An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will.
administrator
a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths.
affidavit
An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use
Apostile
An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary.
Authentication
Is an _ the witness certify that the instrument has been executed before them, and the manner of the execution of the same.
Attestation clause
An _ is a solemn declaration made by persons who conscientiously decline taking an oath
Affirmation
A __ is a written instrument given to pass title of a personal property from vendor to vendee.
bill of sale
__ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods
chattel paper
a __ is an instrument made subsequent to a will and attached to the will
codicil
_ is anything of value given to induce someone to enter into a contract
consideration
a _ is a copy of a public record signed and certified as true copy by the public official having custody of the original.
certified copy
Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _
contempt of court
A _ is an agreement between competent parties to do or not do certain things for legal consideration.
contract
Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as
conveyance
Another term for County clerk’s certificate is _
authentication
A _ is one who makes an oath to a written statement
deponent
A __ is the testimony of a witness taken out of court, before a notary or other person.
deposition
Constraint exercised upon a person whereby he is forced to do some act against his will is known as
duress
_ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person.
escrow
An _ is one named in a will to carry out the provision of the will
executor
__ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other
Ex parte
A __ is a crime punishable by death or imprisonment over one year
felony
A __ is a person in charge of a minor’s person
guardian
A _ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness
judgement
The _ appoints and commissions notaries public in New York State.
Secretary of State
The jurisdiction of notaries public is __
New York State
Notaries public are appointed for _ years
4 years
Applications for notaries public are as prescribed by
the secretary of state
Attorneys and __ are exempt from taking the notary public exam
certain court clerks
Applicants for notary public must have the equivalent of a _ school education
common school
The _ may suspend or remove a notary public from office
Secretary of state
A person convicted of a _ cannot be appointed a notary public.
felony
A person convicted of unlawfully possessing or distributing habit forming narcotic drugs (can/cannot) be appoint a notary public
cannot
A person sought to be removed as a notary public must be served a copy of the charges
true
An oath of _ shall be submitted to the secretary of state with the application for notary public.
office
The fee for notary public appointment is __
$60
The notary public identification card contains the appointee’s name, address, county and __
commission term
The secretary of state must send $20 fee to the _ by the 10th day of the following month
county clerk
The _ makes an index of commissions and official signatures transmitted by the county clerk.
secretary of state
The __ issues reappointment commissions to notaries public
county clerk
the _ shall receive a fee of $60 from each applicant for reappointment
county clerk
The county clerk shall transmit to the secretary of state __ from the fee for reappointment
$40
Generally, the secretary of state shall receive a non refundable fee of __ for changing the name or address of a notary.
$10
The secretary of state may issue a duplicate identification card for a fee of _
$10
The county clerk where the notary commission is filed or the __ may certify as to the official character of such notary public
secretary of state
The secretary of state shall collect for a certificate of official character issued by him the sum of $____
$10
The county clerk charges a fee of $__ to file a certificate of official character
$10
A person convicted of a violation of the selective draft act of the US (is/is not) eligible for appointment as notary public?
is not
Each county clerk shall designate at least __ of his staff to act as notary public to notarize documents during business hours at no charge
one
A sheriff (may/may not) hold another office?
may not
A member of the legislature (may/may not) be appointed a notary public
may
A notary public who is pecuniarly interested in a transaction (is/is not) capable of acting as a notary public in that case
Notaries public are commissioned by _____________
A/An _________ may be appointed a notary public without an examination
True.
An office or place of business is sufficient.
Notary Public
(The full definition, as laid out in NY state law.)
The delay or negligence in asserting one’s legal rights.
1) oath of office, 2) signature
False.
A notary public can never administer an oath to themselves.
True/False:
A jurat is not the affidavit.
A person in charge of a minor’s person or property.
The simplest form in which an oath may be administered:
“________________________?”
“Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?”
A/An ______________ may be used for persons who conscientiously decline taking an oath.
What document is a notary never to acknowledge?
What is New York County also known as?
How long is the term of a notary public?
True/False:
A notary public for New York must have their primary residence in New York
What is Kings County also known as?
Define an “administator”
(in notary public terms)
A person appointed by a court to manage the estate of a deceased person who left no will
A person who starts a suit or brings an action against another.
False.
County clerks issue official character cards (to be filed with other county clerks).
Define an “acknowledgement”
(in notary public terms)
A formal declaration by a person executing a document that such execution is their own act and deed.
A law that limits the time within which a criminal prosecution or a civil action must be started.
There are 7 disqualifications (other than a felony).
They are:
– illegal weapons. illegally using/carrying/possessing a pistol or dangerous weapon
– making or possessing burglar’s instruments
– buying/receiving/possessing stolen property
– unlawful entry of a building
– aiding escape from prison
– possessing or distributing habit-forming narcotic drugs
– vagrancy or prostitution
1) the oath of office (itself notarized)
2) official signature of the new NP
To whom do you apply to be a Notary Public? And how much is the fee?
False.
You only get a (paper) ID card. Go buy the rubber stamp yourself.
An instrument made subsequent to a will and modifying it in some respects.
False.
Nothing can be notarized over the telephone, under any circumstances.
1) County clerk. Note the word reappointment here. The original application to be a notary public goes to the Secretary of State, but subsequent renewals go to the County Clerk where the notary public is registered. This is a very important distinction to remember. Every 4 years you renew with your particular County Clerk, not the Dept. of State.
2) $60
Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.
The act of the person named in an instrument telling the notary public that she or he is the person named in the instrument and acknowledging that she or he executed such instrument. (Also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgement is taken.)
The notary public “certifies to the taking of an acknowledgement” when the notary signs her or his official signature to the form setting forth the fact of the taking of the acknowledgement.
Deposition
(The full legal definition, according to the Dept. of State)
Quiz:
As a notary, you are qualified in New York County. When writing out your check to pay for your notary renewal, you will make the check payable to:
a) New York County Department of State
b) New York County Clerk
c) New York Department of State
d) New York State Division of Licensing
e) It is not possible to be qualified in New York County
to be read in evidence (in a court, etc)
False.
They are never eligible again.
Elections. Commissioners and inspectors of elections can be notaries public.
How many counties are there in New York state?
a) 16
b) 60
c) 12
d) 62
e) 14
Oath
(The full definition as given in NY State law)
Quiz:
An ‘official character card’ allows you to:
a) notarize documents in another county
b) notarize and take oaths in another county
c) allow you to notarize documents outside the state of NY
d) only establishes ‘good moral character’ for use in courtrooms
e) have your signature on file in another county
e) an official character card keeps your signature on file in another county
What is the crucial difference between an ‘acknowledgement’ and a ‘jurat’ in notarizing documents?
In a jurat, the affiant (signer) takes an oath before signing the document.
1) selective draft
2) federal selective training and service act
False.
It cannot be delegated to anyone.
[In American English] what is the plural form of notary public?
__________________________
In what specific case is a notary public always disqualified in notarizing any document?
One named in a will to cary out the provisions of the will.
Quiz:
Two New York county notaries live in Tribeca, and work together in the same office in Harlem. One notary moves to an apartment in Hoboken, and the other to an apartment in Long Island City. They still work in the same office together, but which one gets to keep their New York county license?
The notary who moved to Hoboken.
As per state law, a notary must be registered in the New York county of their personal residence. The only exception is when a notary moves outside NY state… in this case they can keep a notary license in the New York county where their office is located.
Hoboken is in New Jersey, so this notary gets to keep their notary license registered in New York county where they have their place of business.
Long Island City is in Queens, so this notary has to register with the Queens county clerk from now on, even if their place of business is still in Manhattan. It doesn’t matter anymore. Once you live in a different NY county, that is where you must register your notary license.
True.
(This applies to the county clerk herself/himself, not notaries public.)
A written statement by an individual giving another person the power to act for her or him.
True/False:
A notary public can notarize documents of other countries and nations.
A written instrument given to pass title of personal property from vendor to vendee
The disposition of one’s property to take effect after death.
How much can a NP charge for administering an oath of office or affirmation to a public official?
Still $2.
It’s $2 for first person, and $2 for each additional person.
The geographical location where a notary public takes an affidavit or acknowledgement. This is very important. Every affidavit or certificate of acknowledgement should show on its face the venue of the notarial act.
For example: “State of New York, County of Queens”… or “State of New York, County of Richmond” etc.
Look on the top of any court document and you will see a venue clearly stated. It is also often found near the acknowledgment section near the signatures.
[Pro tip: this is the one of the biggest mistakes notaries public make… not clearly understanding what a venue is. It’s not what’s in your notary stamp. Without a clear venue on each document, your documents could be rejected by a court, the county clerk, and/or the Dept. of State. Laws are different in different locations, so the geographical location where the document was signed is important.]
1) certificate
2) signature
3) “presumptive evidence of the facts”
1) individually a party to such instrument
2) have a financial interest in [it]
The act of carrying out a lawsuit
A copy of a public record signed and certified as a true copy by the public official having custody of the original.
Note: a notary public has no authority to issue certified copies. Also, notaries must not certify to the authenticity of legal documents and papers required to be filed with foreign consular officers.
J – Jurisdiction issues. The NP is outside their jurisdiction as a notary. (Outside the State of NY)
M – Misspelling or misnomer with their name in their original commission as NP.
O – Omission of the NP’s official oath on file
V – Vacating office by change of residence, acceptance of another public office, or other action on their part
I – Ineligibility (they were not appointed as a NP)
E – Expiration of the NP’s term
“J MOVIE”
Acronym: Think of a horror film or a bad film that starts with J and ruins everything. Jackass? Jaws? Pick your J…
True/False:
Town councilpersons are allowed to acknowledge written conveyances of real property
False.
Married same as unmarried. Section 302.
B. The county where the notary signs the document
True/False:
A notary public may take acknowledgements and oaths anywhere in the State.
True/False:
Notarized documents must always be hard copy, except for depositions.
A deposition can be taken before a notary public in a ______ proceeding
True/False:
A notary public is considered a public official
Behavior disrespectful of the authority of a court which disrupts the execution of court orders.
False. No marriages, and no authenticating witnesses to it either.
True/False:
Counseling and advising someone in conversation is not considered “giving legal advice”.
False.
It’s treble (triple) damages
False:
It must be free, done at no charge.
Personal property, such a household goods or fixtures
Forgery in the second degree is a _________ felony
False information is a Class E felony.
Think of wearing falsies… False-E’s
True/False:
The refusal to not officiate an oath or affidavit when requested is a crime.
A law established by an act of the legislature
To add comments or supplementary information to the end of a speech or a document.
True/False:
A notarized photocopy can never be used as a ‘certified copy’.
A crime punishment by death or imprisonment in a state prison.
True/False:
A legal corporation can take an oath if the person doing it is a director or officer.
False.
Corporations cannot take oaths. Only natural persons.
Protest
(in notary public terms)
True/False:
The laws of the State of New York do not require the use of seals by notaries public.
True/False:
A notary public can take an oath, affidavit, or acknowledgement on a Sunday.
True.
This is a direct quote from State Law.
Executive Law. (Remember this)
D. Any crime other than a felony.
How much does a county clerk charge to issue a Certificate of Official Character card?
Who do you write your check out to for the renewal of your notary license?
False.
The New York County Clerk only has records for New York County notaries… and those notaries who have filed a ‘character card’ there.
Remember: New York County is just Manhattan, not all of New York City. New York City includes Queens, Kings, Bronx, Staten Island counties as well. 5 Boroughs total.
$8. (4 x $2 each. Page count is irrelevant.)
Quiz:
What does it mean to ‘take an acknowledgement’?
a) the notary signs the document
b) the notary establishes that the person who signed the document before them is the person mentioned in the document
c) the notary receives an oath which attests to the veracity of the statements made in the document
d) the notary takes payment for the fees rendered in the notarization
e) the notary writes down a deposition for a civil proceeding, executing the affiant’s exact words and testimony
Quiz:
What is an apostille?
a) A certificate that allows international usage for a document
b) A french word for an ‘acknowledgement’
c) An alternative to an oath, used as an affirmation
d) A notary public who can notarize documents for foreign use
e) The authentication of a notary signature, issued by a county clerk
True/False:
The venue for a document should always be listed in the notarial stamp.
False.
A venue has nothing to do with the stamp, it is geographical location where the document was signed. You will see it on legal documents commonly as “State of New York / County of New York” at the start of the document, or near the signatures.
You must understand the word ‘venue’, and be sure the venue is clear on every document you notarize. If it isn’t clear, write it in.
Quiz:
A codicil is:
a) Part of a document where the affiant swears to a statement
b) Part of a document made subsequent to the initial drafting, modifying it in some respects
c) Part of a document where the venue is clearly stated
d) A deposition in a criminal case
e) A deposition in a civil case
b) Part of a document made subsequent to the initial drafting, modifying it in some respects
This term includes every mode authorized by law for administering an oath
Who Commissions notaries public?
A. State Comptroller
B. County Clerks
C. Attorney General
D. Secretary of State
D. Secretary of State
The application fee for a notary public commission is?
A. $40
B. $60
C. $80
D $90
B. $60
An application for a notary public commission must be submitted to?
A. County Clerk
B. Local civil court
C. Division of Licensing Services
D. None of the above
C. Division of Licensing Services
Which of the following is correct?
An application for a notary public commission must include?
A. $45 filing fee
B. A photograph of the applicant
C. A copy of the applicant’s social security card
D. Oath of office which must be sworn and notarized
D. Oath of office which must be sworn and notarized
A “pass slip” showing that the applicant passed the notary exam must be submitted along with?
A. application for citizenship
B. application for a notary public commission
C. application for non driver state I.D.
D. None of the above.
B. application for a notary public commission
Notary public examinations are regularly scheduled?
A. throughout NYS
B. in NYC and Albany only
C. only in counties with a population of over 1,000,000
D. None of the above
A. throughout NYS
An individual who is an attorney?
A. cannot be a notary public
B. can be a notary public if admitted to practice in NYS.
C. must be a notary public in all cases
D. None of the above
B. can be a notary public if admitted to practice in NYS.
The term of a commission of a notary public is:
A. 2 years
B. 4 years
C. 5 years
D. 6 years
B. 4 years
Where are the notaries public commissioned?
A. in their county of birth
B. in their city of preference
C. in their county of residence
D. None of the above
C. in their county of residence
Which of the following is not correct?
After the Secretary of State approves an applicant for a notary public commission, he forwards the following to the appropriate county clerk?
A. the original oath of office
B. the signature of the notary public
C. the original social security card of the applicant
D. the notary public commission
C. the original social security card of the applicant
Who maintains a record of the notaries public commissions and signatures?
A. the city comptroller
B. the county clerk
C. the Chief Clerk of the Supreme Court
D. None of the above
B. the county clerk
The public may obtain a certificate of the notarial signature at the?
A. mayor’s office
B. office of the attorney general
C. county clerk’s office
D. None of the above
C. county clerk’s office
If a non-resident attorney or person becomes a notary, the oath of office and signature must be filed in the office of the county clerk of the county where?
A. the attorney passed his bar exam
B. the person or attorney live
C. the office or place of business is located in NYS
D. None of the above
C. the office or place of business is located in NYS
Acknowledgments and affidavits?
A. may not be taken over the phone
B. may be taken over the phone if the affiant is ill
C. maybe taken over the phone if the affiant is a non-resident
D. None of the above
A. may not be taken over the phone
Which of the following may be used when a person conscientiously declines to take an oath?
- “Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?”
- “Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?”
A. 1 only is correct
B. Both 1 and 2 are correct
C. 2 only is correct
D. Neither 1 not 2 are correct
C. 2 only is correct
Which of the following 4 statements is false? A notary public?
A. may not give advice on the law
B. may not ask for and get legal business to refer to a lawyer with whom he has business or receives consideration for sending the business.
C. may agree to divide his fees with a lawyer
D. may not advertise that he has powers not given to the notary by the laws under which the attorney was appointed
C. May agree to divide his fees with a lawyer
The jurisdiction of notaries public is?
A. the county of residence only
B. the county of place of business only
C. the city of residence or place of business only
D. co-extensive with the boundaries of New York State
D. co-extensive with the boundaries of New York State
Which of the following is false?
For a person to be appointed notary public he must be:
A. a citizen of the United States
B. a resident of NYS or have a place of business in NYS
C. a foreign national
D. not convicted of a felony
C. a foreign national
Which of the following appears on a notary public identification card?
- appointee’s name and address
- county and commission term
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
C. Both 1 and 2
The commission and a certified copy or original oath of office and official signature, and $______from the application fee shall be sent by the Secretary of State to the county clerk where the appointee resides by the __ day of the following month?
A. $20…..20th
B. $10…..10th
C. $10…..20th
D. $20…..10th
D. $20…..10th
The county clerk collects a non-refundable application fee of $_____from each applicant for REAPPOINTMENT?
A. $20
B. $40
C. $60
D. $80
C. $60
Except for changes made in a notary public’s application for reappointment, the Secretary of State shall receive a fee of $_____for changing the name or address of the notary.
A. $10
B. $20
C. $30
D. $40
A. $10
The Secretary of State may issue a duplicate I.D. card to a notary to replace one that was lost, destroyed or damaged up the payment of a fee of $________.
A. $60
B. $40
C. $20
D. $10
D. $10
When the Secretary of State issues a certificate of official character, he must collect a fee of $_____.
A. $5
B. $10
C. $20
D. $30
B. $10
For each certificate of official character issued by a county clerk, the sum of $_____ shall be collected?
A. $5
B. $10
C. $20
D. $30
A. $5
The fee for certification of a notarial signature issued by a county clerk is $________?
A. $2
B. $3
C. $6
D. $10
B. $3
If a person who was removed from the office of commissioner of deeds (NYC) executes an instrument while posing as a commissioner of deeds, he shall be guilty of __?
A. a violation
B. a felony
C. a misdemeanor
D. a petty offense
C. a misdemeanor
Which of the following two choices are correct?
The following persons are eligible for the office of notary public:
- a commissioner of elections
- an inspector of elections
A. Choice 1 only is correct
B. Choice 2 only is correct
C. Both choices 1 and 2 are correct
D. Neither choice 1 nor choice 2 are correct
C. Both choices 1 and 2 are correct
Each county clerk must designate at least _________employee(s) from his office to act as a notary public and notarize documents for the public for free.
A. one
B. two
C. three
D. four
A. one
Which of the following are eligible to be appointed notaries public?
- a member of the legislature
- a sheriff
A. 1 only is eligible for appointment
B. 2 only is eligible for appointment
C. Both 1 and 2 are eligible for appointment
D. Neither 1 nor 2 are eligible for appointment
A. 1 only is eligible for appointment
Which of the following are correct?
- A notary public may be disqualified to act if he has an interest in the case.
- A notary public interested in a conveyance is not competent to take acknowledgment of an instrument.
A. 1 only is correct
B. 2 only is correct
C. Both 1 and 2 are correct
D. Neither 1 nor 2 are correct
C. Both 1 and 2 are correct
Generally, a notary is entitled to a fee of $______for administering an oath or affirmation and certifying the same when required.
A. $2
B. $4
C. $5
D. $6
A. $2
Generally, a notary is entitled to $______for taking and certifying the acknowledgment or proof of execution of a written instrument (by one person). He is also entitled to $_______ for each additional person and also $______ for swearing a witness thereto.
A. $2, $4, $6
B. $2, $2, $2
C. $4, $4, $4
D. None of the above
B. $2, $2, $2
A notary public who is duly licensed as an attorney and counselor at law in NYS may in his discretion substitute the following for the words “Notary Public”.
A. Commissioner of NYS
B. Qualified Commissioner
C. Counselor at Law
D. None of the above
C. Counselor at Law
Which of the following is the best answer?
Section 142-a of the Executive Law states that an act of a notary or commissioner of deeds is valid even if:
A. the notary was not eligible to be appointed.
B. there existed a misspelling or other error made in the appointment of the notary
C. the term of the notary had expired
D. All of the above are correct
D. All of the above are correct
Which of the following three choices are correct?
The term “conveyance” includes:
- a written instrument by which an estate in real property is created
- written instrument which effects title to real property
- a will
A. 1 only is correct
B. 1 and 2 only are correct
C. 1, 2 and 3 are all correct
D. 2 only is correct
B. 1 and 2 only are correct
The acknowledgment or proof within NYS of a conveyance of real property in NYS may be made AT ANY PLACE WITHIN THE STATE, before:
- a justice of the supreme court
- an official examiner of title or an official referee
- a notary public
A. Only 1 and 3 are correct
B. Only 2 and 3 are correct
C. 1, 2 and 3 are all correct
D. Only 3 is correct
C. 1, 2 and 3 are all correct
An acknowledgement or proof, within NY state, of a conveyance of real property in NYS may be made WITHIN DISTRICT where the officer is authorized before:
- the mayor or recorder of a city
- commissioner of deeds, judge or clerk of any court of record
- county clerk or other recording officer of the county
A. 1, 2 and 3 are correct
B. Only 1 and 2 are correct
C. Only 2 and 3 are correct
D. Only 3 is correct
A. 1, 2 and 3 are correct
Which of the following fees is not correct?
A. Filing Certificate of Official Character / $10
B. Authentication Certificate / $3
C. Protest of Note, Commercial Paper, etc. / $.75
D. Oath or Affirmation / $4
D. Oath or Affirmation / $4
Which of the following fees is not correct?
A. Appointment as Notary Public fee (total) / $60
B. Change of Name/Address / $20
C. Duplicate Identification Card / $10
D. Issuance of Certificate of Official Character / $5
B. Change of Name/Address / $20
Which of the following fees is not correct?
A. Acknowledgment (each person) / $2
B. Proof of Execution (each person) / $2
C. Swearing Witness / $2
D. Duplicate Identification Card / $20
D. Duplicate Identification Card / $20
A declaration before a duly authorized officer by a person who has executed an instrument that the execution is his act is known as _.
A. a conveyance
B. a jurat
C. an affiant
D. an acknowledgment
D. an acknowledgment
Someone appointed by a court to manage the affairs (estate) of a person who died without a will is know as _____.
A. a plaintiff
B. an affiant
C. an administrator
D. an executor
C. an administrator
A person who signs an affidavit is called ____.
A. an administrator
B. an affiant
C. a jurat
D. an executor
B. an affiant
Personal property (not real property) is also called:
A. codicil
B. apostile
C. escrow
D. chattel
D. chattel
A written instrument (except a will) used to create, transfer, surrender or assign an interest in real property is called __.
A. a conveyance
B. a deposition
C. a jurat
D. an affirmation
A. a conveyance
The authentication attached by the Department of State to a notarized document that is county-certified for possible international use is called __.
A. a lien
B. a codicil
C. an apostile
D. an affirmation
C. an apostile
A ________is an instrument attached to a will that adds to or modifies the will.
A. judgment
B. apostile
C. chattel
D. codicil
D. codicil
A(n) _ is a person who is named in a will to carry out the will’s provisions.
A. deponent
B. executor
C. jurat
D. affiant
B. executor
A crime (other than a felony) is called __.
A. a violation
B. a “C” misdemeanor
C. a petty offense
D. a misdemeanor
D. a misdemeanor
A __ is a decree of a court which declares the amount of money which one party owes to another party.
A. apostile
B. judgment
C. jurat
D. codicil
B. judgment
A __ is a claim or right to property which attaches to the specific property until a judgment (debt) is paid.
A. lien
B. conveyance
C. laches
D. chattel
A. lien
The term _____ can be used interchangeably with “affiant”.
A. litigator
B. guardian
C. deponent
D. juror
C. deponent
A verbal pledge by a person that his statements are true is known as an _.
A. aspostile
B. oath
C. authentication
D. lien
C. oath
A person who starts a civil action is called __.
A. the defendant
B. the appellant
C. the plaintiff
D. the guardian
C. the plaintiff
A written statement called ______________empowers a person to act for another person.
A. an authentication
B. an affirmation
C. an ex parte instrument
D. a power of attorney
D. a power of attorney
The statute which prescribes the period during which a civil action or criminal prosecution may be started is the _.
A. statute of frauds
B. statute of minorities
C. statute of limitations
D. None of the above
C. statute of limitations
A person who is legally in charge of the property of a minor person or legally in charge of the minor person’s property is called __.
A. a defendant
B. a juror
C. a plaintiff
D. a guardian
D. a guardian
Something of value (Example: chattel, personal services, money, etc.) given to induce someone to enter into a contract is called __.
A. a deponent
B. a will
C. an affirmation
D. consideration
D. consideration
Which of the following statements is not correct?
A. Notaries are appointed by the Secretary of State.
B. The jurisdiction of notaries is the entire New York State.
C. Notaries are appointed for a 2 year term.
D. Notaries at time of appointment must be U.S. citizens
C. Notaries are appointed for a 2 year term
A non-resident of NYS who accepts the office of NYS notary appoints the _______________as the person on whom process can be served in his behalf.
A. State Comptroller
B. Governor
C. Lieutenant Governor
D. Secretary of State
D. Secretary of State
Which of the following choices is false?
The Secretary of State must satisfy himself that notary public applicants:
A. are of good moral character
B. have the equivalent of a common school education
C. are familiar with duties and responsibilities of notaries public.
D. have a college education
D. have a college education
Which of the following choices is false?
No person can be appointed a notary public if he has been convicted of any of the following:
A. illegally using, carrying or possessing a pistol.
B. making or possessing burglar’s instruments.
C. entry of a building
D. aiding escape from prison
C. entry of a building
Notary public applicants must submit to ______________the application, oath of office, and their signature.
A. clerk of court
B. Secretary of State
C. State Comptroller
D. Attorney General of NYS
B. Secretary of State
The Secretary of State shall receive a non-refundable application fee of $____from applicants for appointment.
A. $20
B. $40
C. $60
D. $90
C. $60
A notary public I.D. card must indicate the appointee’s name, address, county and __.
A. social security number
B. commission term
C. date of birth
D. gender
B. commission term
Which of the following choices is false?
The Secretary of State must submit to the county clerk where the appointee resides the following:
A. the commission, duly dated
B. certified copy or original oath of office
C. the official signature
D. $30 apportioned from the application fee
D. $30 apportioned from the application fee
Applicants for reappointment shall submit to __________their application and oath of office and $60 fee.
A. the clerk of court
B. the Secretary of State
C. the county clerk
D. Attorney General
B. the county clerk
Which of the following choices is the best answer?
An instrument with an authentication of the notarial signature shall:
A. be entitled to be read into evidence
B. be entitled to be recorded in any county of NYS
C. both A and B
D. Neither A nor B
C. both A and B
A person removed from office of notary public who signs or executes an instrument as notary is guilty of __
A. a violation
B. a misdemeanor
C. a felony
D. an “A” felony
B. a misdemeanor
Which of the following choices if false?
A notary public is authorized to:
A. administer oaths and affirmations
B. take affidavits and depositions
C. receive and certify acknowledgments or proofs of deeds
D. act as a sheriff
D. act as a sheriff
Generally, a notary public is entitled to the following fee for administering an oath and certifying the same:
A. $2
B. $4
C. $6
D. $12
A. $2
Which of the following is not correct?
A notary public shall print, write or stamp beneath his signature in black ink:
A. his name
B. the words “Notary Public State of New York”
C. the name of the county in which he originally qualified
D. his date of birth
D. his date of birth
Which of the following statements is false?
Acknowledgment or proof within NYS of a conveyance of real property situated in NYS may be made anywhere in NYS before:
A. a justice of the supreme court
B. an official examiner of title
C. a notary public
D. any municipal official
D. any municipal official
An acknowledgment WITHIN A DISTRICT where an office is authorized to perform his official duties may be made before:
A. a judge, clerk of court, or may or recorder of a city only
B. surrogate, special surrogate, or special county judge only
C. county clerk or other recording officer of a county only
D. A, B and C are all correct
D. A, B and C are all correct
Choose the best answer:
An acknowledgment shall not be taken by any officer unless he knows or has satisfactory evidence that:
A. the person making it is the person described
B. the person is the person who executed such instrument
C. Neither A nor B are correct
D. Both A and B are correct
D. Both A and B are correct
Which of the following choices would be correct fill-ins in the following:
“On the _ day of _ in the year _.”
A. Wednesday…week…2009
B. afternoon…April…2009
C. 6th…June…2009
D. last…the month…2008
C. 6th…June…2009
Which of the following choices is most correct?
When authorized, a notary public shall be present when a safe deposit box is opened by the lessor. The notary public shall file with the lessor a certificate which states:
A. the date of the opening of the safe deposit box
B. a list of the contents
C. Both A and B are correct
D. Neither A nor B are correct
C. Both A and B are correct
A person who violates the provisions of Judiciary Law 484 (Practicing as an attorney) shall be guilty of __.
A. a violation
B. a misdemeanor
C. An “E” felony
D. a “B” felony
B. a misdemeanor
Which of the following statements is false?
An officer is not entitled to a fee for administering an oath to:
A. a teacher or college professor
B. a member of the legislature
C. to any military officer
D. to an inspector of elections
A. a teacher or college professor
Which of the following choices is the best answer?
A notary may be removed from office for:
A. practicing fraud or deceit
B. making a misstatement of a material fact in the application for appointment
C. Both A and B are correct
D. Neither A nor B are correct
C. Both A and B are correct
A notary public in exercising his powers under this article must in addition to the venue and signature print, typewrite, or stamp beneath his signature in __________ink, his name, the words “Notary Public State of New York,” the name of the county in which he originally qualified and date upon which his commission expires.
A. blue (only)
B. black (only)
C. black or blue
D. black, blue or green
B. black (only)
Who are notaries public commissioned by?
The Secretary of State
To whom is an application submitted to become a notary public?
The Division of Licensing Services.
How much is an application to become a notary public?
$60.
What is included in the application to become a notary public?
An oath of office, duly executed before any person authorized to administer an oath, together with their signature.
What must also be included in the application to become a notary public?
A pass slip indicating they have taken and passed the exam.
How long is the term of commission as a notary public?
4 years
Where are notary publics commissioned?
In their counties of residence.
Where can the public verify the official signature of a notary?
The county clerk’s office.
When is authentication of a notary’s signature obtained?
When a document will be used outside the State.
What should notaries do when they expect to sign documents regularly in counties other than their residence?
File a certificate of official character with other New York state county clerks.
Which nonresidents may be allowed to be a notary in a state?
Attorneys who maintain law offices within the State, and others who have offices or places of business in NYS.
Where must the oath of office and signature be filed for an out-of-state resident who is a notary?
The office of the county clerk of the county in which the office or place of business is located.
When is taking an acknowledgment and affidavit illegal?
Without the actual, personal appearance of the individual, (i.e. over the phone or otherwise).
What are the simplest forms in which an oath may be lawfully administered?
Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?
What is another way to affirm for those who decline taking an oath?
Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?
What is the is one (1st) thing a notary public may not do? hint: A
Give advice on the law (i.e. cannot draw legal papers like wills, deeds, bills of sale, etc)
What is another (2nd) thing a notary public may not do? hint: B
Ask for and get legal business to send to a lawyer with whom they have any business connection
What is another (3rd) thing a notary public may not do? hint: D
Divide or agree to divide their fees with a lawyer or accept any part of a lawyer’s fee on any legal business.
What is another (4th) thing a notary public may not do? hint: A
Advertise in or circulate in any paper or advertisement that they have any powers or rights not given to the notary by the laws under which the notary was appointed.
Is an acknowledgment of the execution of a will the equivalent of an attestation clause accompanying a will?
No.
At the time of a notary publics appointment, what must they be?
A citizen of the US & a resident of NYS or have an office or place of business in NYS.
After being commissioned, what does a notary public receive?
An identification card indicating the appointee’s name, address, county & commission term.
How much does it cost to change the name or the address of a notary public?
$10.
How much does it cost to have issued a duplicate identification lost (to replace one that was lost, destroyed or damaged)?
$10.
Where can a notary public file his autograph signature and certificate of official character?
In the office of any county clerk of any county in the STate.
How much does it cost to submit a certificate of official character?
$10 to the State, $10 to the county clerk, $5 for each certificate issued to the county clerk.
What costs $3?
Certification of notarial signatures.
Who cannot be a notary public?
Any person removed from office as a commissioner of deeds for the City of New York. Acting as a notary may be deemed a misdemeanor.
Is a commissioner of elections or inspector eligible for the office of notary public?
Yes.
Who cannot be a notary public (2)? hint: army
Those convicted of a violation of the selective draft act, or of the federal selective training and service act.
Who does not have to pay an exam or application fee to be a notary public?
They who have been designated from the county clerk’s office.
Can a member of the legislature be appointed a notary public?
Yes.
Can sheriffs be notaries public?
No.
When are notaries disqualified to act?
When they have an interest in the case.
What can the signature and seal of a county clerk be?
A facsimile, printed, stamped, photographed or engraved.
Can a notary public take the acknowledgment or proof of any party to a written instrument executed by a corporation they are employed by or have direct ties to?
Yes unless they are a party executing the instrument.
What defects cannot be deemed invalid? 1-3
- ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such.
- misnomer or misspelling of name or other error made in his appointment or commission.
- omission of the notary public/commissioner of deeds to take or file his official oath or otherwise qualify.
What defects cannot be deemed invalid? 4-6
- expiration of his term, commission or appointment
- vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part
- the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act.
When can the defects not be deemed invalid?
After six months from the date of the official certificate.
What does conveyance include?
Every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien.
What does conveyance not include?
A will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, an instrument containing a power to convey real property as the agent or attorney for the owner of such property.
Where can the acknowledgment or proof of a conveyance of real property be made, within the state?
Before a justice of the supreme court, an official examiner of title, an official referee, or a notary public.
Where can the acknowledgment or proof of a conveyance of real property be made, within the district wherein such officer is authorized to perform?
Before a judge or clerk of any court of record, a commissioner of deeds outside of NYC, or w/in the 5 counties of NYC, the mayor or recorder of a city, a surrogate, special surrogate or special county judge, or the county clerk or other recording officer of a county.
Where can the acknowledgment or proof, within the county containing the town in which the notary is authorized, of a conveyance of real property be made?
Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction.
What must a person taking the acknowledgment or proof of a conveyance do?
They must endorse or attach a signed certificate, stating all the matter required to be done, known, or proved by the acknowledgment or proof.
Where can a notary public administer oaths or take affidavits?
Anywhere in the state.
When can a safe deposit box be opened?
In the presence of a notary public, at least 30 days after giving proper notice to the lessee.
Can a notary public solemnize marriages?
No, nor take the acknowledgment of parties and witnesses to the contract of marriage.
Can an NP administer the oath of a public officer?
Yes.
What is the maximum sentence for a class D felony?
7 years
what is the maximum sentence for a class E felony?
4 years.
What is the maximum sentence for a class A misdemeanor?
1 year
The formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.
Acknowledgment
A person appointed by the court to manage the estate of a deceased person who left no will.
Administrator
The person who makes and subscribes his signature to an affidavit.
Affiant.
A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer.
Affidavit.
What is the difference between an acknowledgment and an affidavit?
An acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant.
A solemn declaration made by persons who conscientiously decline taking an oath.
An affirmation
Department of State authentication attached to a notarized and county-certified document for possible international use.
Apostile
To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.
Attest
The clause wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same.
Attestation clause.
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary.
Authentication (Notarial)
A written instrument given to pass title of personal property from vendor to vendee.
Bill of sale
A duplicate of a public record signed and identified as a true duplicate by the public official having custody of the original.
Certified copy.
Personal property, such as household goods or fixtures.
Chattel
A writing or writings which evidence both an obligation to pay money & security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement.
Chattel paper
An instrument made subsequent to a will and modifying it in some respects.
Codicil
Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection.
Consideration
Behavior disrespectful of the authority of a court which disrupts the execution of court orders.
Contempt of court
An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses.
Contract
Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.
Conveyance (Deed).
One who makes oath to a written statement
Deponent
The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer, or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing.
Deposition
Unlawful constraint exercised upon a person whereby he is forced to do
some act against his will
Duress
The placing of an instrument in the hands of a person as a depository who
on the happening of a designated event, is to deliver the instrument to a
third person. This agreement, once established, should be unalterable.
Escrow
One named in a will to carry out the provisions of the will.
Executor
A hearing or examination in the presence of, or on papers filed by, one
party and in the absence of the other.
Ex Parte
A crime punishable by death or imprisonment in a state prison.
Felony
A person in charge of a minor’s person or property.
Guardian
Decree of a court declaring that one individual is indebted to another and
fixing the amount of such indebtedness.
Judgment
part of an affidavit where the officer (notary public) certifies
that it was sworn to before him. It is not the affidavit.
Jurat
The delay or negligence in asserting one’s legal rights
Laches
A contract whereby, for a consideration, usually termed rent, one who is
entitled to the possession of real property transfers such right to another
for life, for a term of years or at will.
Lease
A legal right or claim upon a specific property which attaches to the
property until a debt is satisfied.
Lien
The act of carrying on a lawsuit.
Litigation
Any crime other than a felony.
Misdemeanor
An instrument in writing, duly executed and delivered that creates a lien
upon real estate as security for the payment of a specified debt, which is
usually in the form of a bond.
Mortgage on real property
A public officer who executes acknowledgments of deeds or writings in
order to render them available as evidence of the facts therein contained;
administers oaths and affirmation as to the truth of statements contained in
papers or documents requiring the administration of an oath.
Notary public
A verbal pledge given by the person taking it that his statements are made
under an immediate sense of this responsibility to God, who will punish
the affiant if the statements are false.
Oath
A person who starts a suit or brings an action against another.
Plaintiff
A written statement by an individual giving another person the power to
act for him.
Power of Attorney
The formal declaration made by a subscribing witness to the execution of
an instrument setting forth his place of residence, that he knew the person
described in and who executed the instrument and that he saw such person
execute such instrument.
Proof
A formal statement in writing by a notary public, under seal, that a certain
bill of exchange or promissory note was on a certain day presented for
payment, or acceptance, and that such payment or acceptance was refused.
Protest
It is no longer required to be used by a notary public.
Seal
What shall the signature of the notary public include?
The name he was appointed, the venue, and Notary PUblic State of new york, the county in which he was qualified and the date upon which his comission expires.
A law established by an act of the legislature
Statute
State law which provides that certain contracts must be in writing or
partially complied with, in order to be enforceable at law.
Statute of Frauds
A law that limits the time within which a criminal prosecution or a civil
action must be started.
Statute of limitations
A clause which permits the placing of a mortgage at a later date which
takes priority over an existing mortgage.
Subordination clause
A notary public may administer an oath or take an affidavit or
acknowledgment on this day. However, a deposition cannot be taken on
this day in a civil proceeding.
Sunday
This term includes every mode authorized by law for administering an
oath.
Swear
The act of the person named in an instrument telling the notary public that he is the person named in the instrument and identifying that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person.
Taking an acknowledgment
The geographical place where a notary public takes an affidavit or
acknowledgment
Venue
The disposition of one’s property to take effect after death.
Will
How much does it cost for a protest of note, commercial paper, etc?
.75$
How much is an oath or affirmation, acknowledgment, proof of execution, or swearing of a witness?
$2
An affirmation is the legal equivalent of, and equally binding as:
a) An oath
b) An acknowledgment.
c) A certification.
d) An attestation.
a) An oath
(An affirmation is the legal equivalent of an oath and can be used in executing affidavits, swearing in witnesses, administering an oath of office, etc.)
The Secretary of State’s authentication attached to a notarized and county-certified document, for possible international use, is called a(n):
a) Conveyance.
b) Annotation.
c) Apostille.
d) Codicil.
c) Apostille
(The procedure for an apostille is, briefly: the constituent takes a notarized document to the county clerk where the notary is qualified. A certification is attached. The documents are then forwarded to the Secretary of State, who issues the apostille for a specific country.)
- Which of the following is NOT necessarily part of an acknowledgment?
a) Positive identification.
b) Personal appearance.
c) The document being signed in front of the notary.
d) The document being signed willingly.
c) The document being signed in front of the notary.
(A document with an acknowledgment, unlike an affidavit, may be signed by the constituent and brought to the notary, but the notary must ask, “Is this your signature?” to confirm.)
Which of the following best describes the jurisdiction of a notary public?
a) Nationwide.
b) The State of New York.
c) The county where the notary is qualified.
d) The State of New York except the five boroughs of New York City.
b) The State of New York.
(We may officiate anywhere within the 62 counties of New York State.)
An affirmation is the legal equivalent of, and equally binding as:
a) An attestation.
b) An acknowledgment.
c) An oath.
d) A certification.
c) An oath.
(An affirmation is the legal equivalent of an oath and can be used in executing affidavits, swearing in witnesses, administering an oath of office, etc.)
Which of the following means the act of signing as a witness?
a) Attest.
b) Subscribe.
c) Protest.
d) Acknowledge.
a) Attest.
(To attest is simply to subscribe as a witness. The act is known as attestation.)
An affiant is:
a) The defendant in a criminal proceeding.
b) The plaintiff in a civil proceeding.
c) The maker of an affidavit.
d) The notary taking an affidavit.
The affiant is the maker of an affidavit. He or she solemnly swears or affirms that the conditions stated in the document are true.
c) The maker of an affidavit.
(The affiant is the maker of an affidavit. He or she solemnly swears or affirms that the conditions stated in the document are true.)
In order to become a notary, a candidate must possess a common school education. This means he or she has completed the:
a) 9th grade.
b) 6th grade.
c) 12th grade.
d) 8th grade.
b) 6th grade.
(Reading and writing at the 6th grade level or higher is required.)
The term of imprisonment for a Class D Felony is how long?
a) 10 years.
b) 2 years.
c) 1 year.
d) 3 to 7 years.
d) 3 to 7 years.
(For a Class D Felony: jail time not less than three years, but not to exceed seven years. An example is Forgery in the Second Degree, when a person alters a document with the intent to defraud another person.)
Who is exempt from taking the New York State notary examination, but must still pay the $60 fee?
a) Mayors.
b) County Clerks.
c) Inspectors of Elections.
d) Attorneys.
d) Attorneys
(Attorneys are exempt from testing requirements, but must submit their application and $60 fee.)
The power to remove or suspend a notary rests with the:
a) County Clerk.
b) Attorney General.
c) Governor.
d) Secretary of State.
d) Secretary of State.
The Secretary of State may remove or suspend, just as he or she appoints, notaries public in New York State
What is the allowable fee for taking an acknowledgment by one person?
a) $1.00.
b) $2.00.
c) $5.00.
d) $3.00.
b) $2.00.
(The allowable fee for this service is $2.00 per signature.)
. How much may a notary charge for taking an affidavit sworn to by two individuals?
a) $10.00.
b) $4.00.
c) $6.00.
d) $2.00.
b) $4.00. >> CORRECT!
(Two dollars multiplied by two equals $4.00.)
Who appoints New York notaries?
a) County Clerk.
b) Secretary of State.
c) Governor.
d) Federal Government.
b) Secretary of State.
(Notaries are appointed by the Secretary of State through the power vested in the Secretary by state law.)
Notaries are authorized to take depositions in civil proceedings by
a) Election Law.
b) Executive Law.
c) Penal Law.
d) Civil Practice Law and Rules.
d) Civil Practice Law and Rules.
(The correct response is “Civil Practice Law and Rules”. Specifically, Rule 3113.)
A non-resident New York notary may
a) Not take acknowledgments on deeds to real property.
b) Not administer affidavits.
c) Do anything a New York resident notary may do.
d) Not administer oaths of office.
c) Do anything a New York resident notary may do.
(Non-resident notaries are those living outside the state who maintain a place of business within the state.)
A notary may charge 75 cents for
a) Executing a protest.
b) Swearing in a witness.
c) Signing an acknowledgment.
d) Taking a deposition.
a) Executing a protest.
(The fees for protesting negotiable instruments are 75 cents plus 10 cents per notice of protest, not to exceed 5 notices.)
A notary vacates his office when he:
a) Becomes a notary in another state.
b) Is a non-resident notary moving his office from within this state to another state. c) Is a New York resident notary changing his residence to another county within the state.
d) Is a non-resident notary moving his office from one county to another within the state.
b) Is a non-resident notary moving his office from within this state to another state.
(A notary must reside within the state, or keep a place of business within the state, or both, to remain a commissioned notary.)
Which of the following acts may a notary public NOT perform on a Sunday?
a) Taking a deposition in a civil court proceeding.
b) Taking an affidavit.
c) Administering an oath of office.
d) Taking an acknowledgment.
a) Taking a deposition in a civil court proceeding. (Because of procedural rules, depositions may not be taken in civil court proceedings on Sundays. If taken, the deposition is inadmissible in court.)
The person named in a will to administer the estate of the deceased is known as:
a) Surrogate.
b) Administrator.
c) Executor.
d) Attorney.
c) Executor.
(The Executor is specifically named in a will.)
Which of the following is NOT an official notarial act?
a) Performing marriages.
b) Administering oaths of office.
c) Safe deposit box inventories.
d) Taking acknowledgments.
a) Performing marriages.
(New York notaries do not perform or solemnize marriages.)
In the Statement of Venue, the County is the:
a) The place where the notarial act is being performed.
b) The county where the notary is qualified.
c) Location of the subject property being sold or refinanced.
d) The county where the constituent resides.
a) The place where the notarial act is being performed.
(The venue is where you are meeting with the constituent right now at the moment of completing the certificate.)
The Secretary of State is empowered to appoint and remove notaries under which body of state law?
a) Real Property Law.
b) Judiciary Law.
c) Public Officers Law.
d) Executive Law.
d) Executive Law.
(Among the various bodies of law pertaining to notaries, Executive Law sets forth the terms of appointment.)
Which of the following is NOT part of an affidavit?
a) The jurat.
b) The notary guarantees the truthfulness of the statements that are sworn to.
c) Personal appearance.
d) Signing in front of the notary.
b) The notary guarantees the truthfulness of the statements that are sworn to.
(As notaries, we do not verify the truthfulness of the allegations or conditions by checking the facts, but rather the consitituent solemnly swears or affirms the contents of the document to be true.)
Upon expiration, a notary’s 4-year commission may be renewed:
a) By filing an application with the Attorney General.
b) No later than 3 months from the commission expiration date.
c) Within 6 months without re-taking the exam.
d) Within 6 months without re-taking the exam, only if the notary was serving in the military when the commission expired.
c) Within 6 months without re-taking the exam.
(The “grace period” for submitting your application for reappointment is 6 months; or, 12 months if serving in the military.)
A notary vacates his office when he:
a) Becomes a notary in another state.
b) Is a non-resident notary moving his office from one county to another within the state.
c) Is a non-resident notary moving his office from within this state to another state.
d) Is a New York resident notary changing his residence to another county within the state.
c) Is a non-resident notary moving his office from within this state to another state.
(A notary must reside within the state, or keep a place of business within the state, or both, to remain a commissioned notary.)
The Secretary of State’s authentication attached to a notarized and county-certified document, for possible international use, is called a(n):
a) Conveyance.
b) Codicil.
c) Annotation.
d) Apostille.
d) Apostille.
(The procedure for an apostille is, briefly: the constituent takes a notarized document to the county clerk where the notary is qualified. A certification is attached. The documents are then forwarded to the Secretary of State, who issues the apostille for a specific country.)
The part of a document that certifies that the notary observed the signing of a document with language such as, “Signed and sworn to before me…” is called the
a) Acknowledgment.
b) Caption.
c) Venue.
d) Jurat.
d) Jurat.
(The jurat serves the function described. Failure to include the words, “Sworn to” may void the document.)
The minimum age for appointment as a notary public is:
a) 19.
b) 16.
c) 21.
d) 18.
d) 18.
The minimum age is 18 years.
In which of the following situations should you refuse to provide notarial services?
a) When presented with a deed to real property.
b) When executing a mortgage for a neighbor.
c) When the subject property is not located within New York State.
d) When presented with an affidavit with a back-dated jurat.
d) When presented with an affidavit with a back-dated jurat.
(Back dating is not permitted.)
Which of the following is required by law when completing an official certificate?
a) The notary’s rubber stamp.
b) Gold foil seal.
c) A raised seal.
d) Black ink.
d) Black ink.
(Black ink is required.)
Which of the following acts may a notary public NOT perform on a Sunday?
a) Taking an affidavit.
b) Taking an acknowledgment.
c) Administering an oath of office.
d) Taking a deposition in a civil court proceeding.
d) Taking a deposition in a civil court proceeding.
(Because of procedural rules, depositions may not be taken in civil court proceedings on Sundays. If taken, the deposition is inadmissible in court.)
When presented with a document that is said to be a will, the notary:
a) Notarize the document using a raised seal if available.
b) Should refer the constituent to a more experienced notary, if in doubt.
c) Should decline and refer the constituent to an attorney.
d) Should proceed to take an acknowledgment.
c) Should decline and refer the constituent to an attorney.
(Beware of anyone who comes to you with a homemade will, and refer them to counsel.)
In the Statement of Venue, the County is the:
a) Location of the subject property being sold or refinanced.
b) The county where the notary is qualified.
c) The county where the constituent resides.
d) The place where the notarial act is being performed.
d) The place where the notarial act is being performed.
(The venue is where you are meeting with the constituent right now at the moment of completing the certificate.)
In which of the following situations should you refuse to officiate?
a) When the constituent’s form of identification, such as a driver license, is from out of state.
b) When the constituent refuses to appear before you in person.
c) When the amount of a mortgage loan transaction is in excess of $417,000.
d) When you do not personally know the constituent.
b) When the constituent refuses to appear before you in person.
(Personal appearance is necessary. Notarizations cannot be done over the telephone or by videoconferencing.)
Notaries are required to use seals:
a) At all times.
b) Upon request by the constituent.
c) At no time.
d) When specifically required by Executive Law.
c) At no time.
(While the use of a stamp or seal is not strictly required by law, it is customary.
John A. Doe
Notary Public, State of New York
Qualified in Home County
My Commission Expires 01-22-2015)
Which of the following acts may a notary public NOT perform on a Sunday?
a) Taking a deposition in a civil court proceeding.
b) Taking an affidavit.
c) Taking an acknowledgment.
d) Administering an oath of office.
Because of procedural rules, depositions may not be taken in civil court proceedings on Sundays. If taken, the deposition is inadmissible in court.
- A notary vacates his office when he:
a) Is a non-resident notary moving his office from within this state to another state.
b) Is a New York resident notary changing his residence to another county within the state.
c) Is a non-resident notary moving his office from one county to another within the state.
d) Becomes a notary in another state.
a) Is a non-resident notary moving his office from within this state to another state.
(A notary must reside within the state, or keep a place of business within the state, or both, to remain a commissioned notary.)
The person giving testimony in a deposition is known as:
a) Witness.
b) Deponent.
c) Depositor.
d) Proponent.
b) Deponent.
(The deponent is the maker of a deposition.)
Upon expiration, a notary’s 4-year commission may be renewed:
a) By filing an application with the Attorney General.
b) Within 6 months without re-taking the exam, only if the notary was serving in the military when the commission expired.
c) No later than 3 months from the commission expiration date.
d) Within 6 months without re-taking the exam.
d) Within 6 months without re-taking the exam.
(The “grace period” for submitting your application for reappointment is 6 months; or, 12 months if serving in the military.)
The procedure for taking an affidavit is different from taking an acknowledgment in that:
a) There is no difference.
b) It involves an oath or affirmation.
c) The constituent’s appearance must be voluntary.
d) It involves positively identifying the signers.
The terms “oath” and “affirmation” are associated with affidavits.
d) It involves positively identifying the signers.
(The terms “oath” and “affirmation” are associated with affidavits.)
The notary certificate of a witness to the execution of a real estate conveyance is called:
Which of the following is in the requirements to become a Notary Public in New York?
If a Notary moves to another state but still works in NYS he/she:
Is still a qualified non-resident resident
If your neighbor you know asks you to notarize an affidavit you must?
Administer an Oath and fill out the Jurat
What is the name of the location where the Notary notarizes something?
Which of the following activities may a non-attorney Notary perform?
Administer and oath of office for a military officer
What is the county clerk fee for a certificate of Official Character?
Which of the following acts can be performed by a Notary Public on Sunday?
What is every instrument in writing, except a will that transfers real estate interests?
Latin name for the words, “Sworn to before me this _______ day of ______.”
What is a NYS Notary Public Conflict of interest?
Someone ordered to a hearing out of court called a deposition
What is the notary fee for a protest of non-payment?
.75 cents for the first one and .10 cents thereafter limit of 5
What is the name of what a Notary places below the Notary Signature?
Who approves the appointment of a Notary Public?
What is the fee for changing name for marriage purposes and updating the State?
Free for anyone changing names for marriage purposes
Who can translate a deed into another language to be filed in a NY County Clerk?
Translator with certificate of designation by the county judge
What can happen to a notary for doing something illegal or with malfeasance?
What do the two witnesses to a will sign?
Personal property, such as household goods or fixtures.
Who issues certificates involved in various Notary Public procedures?
The county clerks offices, the secretary of states offices and the notary public
One named in a will to carry out the provisions of the will.
What is the fee charged to a person for an affidavit at the County Clerks Office?
Notary services are free during normal business hours
What is the maximum jail sentence for a class D Felony?
What is the maximum sentence for a class A misdemeanor?
What is the maximum sentence for a class E Felony?
What is the mandatory sentence for a class D felony conviction?
What is the sentence for Class 2X Felonies?
Something certified for international use.
Where is the Notary Public Law located?
The Public Officer’s Law aka Notary Public License law
Verified the notary public signature is authentic
Which of the following is “Professional Misconduct”?
Which of the following people can hold the office of Notary Public?
Can a Notary who is also an officer of a corporation notarize for her own corp.?
Who has some limited rights to practice law as a non-attorney?
What is required for an indictment for perjury on an affidavit?
Affiant saying “I do” or words of like meaning after the oath is read