2024 NY Notary Exam New Latest Updated Version with All Questions from Actual Past Exam, Exams of Finance

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2024 NY Notary Exam New Latest Updated Version with All

Questions from Actual Past Exam and 100% Correct

Answer

1. If a Notary refuses to notarize an affidavit presented for NY notary Mobile services. What is the potential maximum jail sentence? A. One month. B. Three months C. Six months. D. One Year ---------- Correct Answer ---------- D. One Year A _____ is one who makes an oath to a written statement -------- Correct Answer --------- deponent A __ is the testimony of a witness taken out of court, before a notary or other person. --- ----- Correct Answer --------- deposition Constraint exercised upon a person whereby he is forced to do some act against his will is known as -------- Correct Answer --------- duress
2. The notary certificate of a witness to the execution of a real estate conveyance is called a: A. Qualified resident. B. Official Character C. Proof certificate D. None of the above ---------- Correct Answer ---------- C. Proof certificate
3. Which of the following is in the requirements to become a Notary Public in New York? A) Be at least 18 years old. B) No special education or common school level C) Be a resident and or a qualified non-resident resident D) All the above. ---------- Correct Answer ---------- D) All the above.
4. If a Notary moves to another state but still works in NYS he/she: A) Will pay an additional $15 out of state fee B) No longer is qualified C) Must get NY driver's license D) Still is a qualified non-resident-resident". ---------- Correct Answer ---------- D) Still is a qualified non-resident-resident".
5. Which of the following are errors a notary can make that will not make the foregoing instrument get unrecorded? A) If the Notary Public was purporting to be a notary but was not licensed. B) If the Notary Public commission was expired.

C) If a New York Notary notarizes in another state. D) All the above. ---------- Correct Answer ---------- D) All the above.

6. If your neighbor you know asks you to notarize an affidavit you must? A) Administer an Oath of office. B) Administer an Oath & fill out the Jurat. C) Require a government issued, photo identification. D) Do a Protest for Non Payment certificate. ---------- Correct Answer ---------- B) Administer an Oath & fill out the Jurat.
7. What is the name of the location where the Notary notarizes something? A) Protest for non-payment B) Venue. C) Affidavit D) Mobile Notary ---------- Correct Answer ---------- B) Venue.
8. Which of the following activities may a non-attorney Notary perform? A) Explain to people what they are signing. B) Make a certified original certificate on a government document photocopy. C) Contracts of marriage within NY State borders. D) Administer an oath of office for a military officer. ---------- Correct Answer ---------- D) Administer an oath of office for a military officer.
9. What is the County Clerk fee for a certificate of Official Character? A) $ B) $5. C) $11. D) No charge because it's a free service to the general public. ---------- Correct Answer - --------- B) $5.
10. Which of the following acts can be performed by a Notary Public on Sunday? A) Certified original certificate of government doc photocopy. B) Affidavit C) Someone's signature to their own will by non-attorney notary. D) A contract of marriage ---------- Correct Answer ---------- B) Affidavit
11. What is every instrument in writing, except a will that transfers real estate interests? A) Conveyance B) Escrow C) Vendor receipt D) Duress ---------- Correct Answer ---------- A) Conveyance
12. Latin name for the words, "Sworn to before me this _______ day of ______". A) Pro Se B) The Oath. C) The Affirmation.

D) Jurat ---------- Correct Answer ---------- D) Jurat

13. What is a New York State Notary Public conflict of interest? A) Knowing the affiant personally. B) When you like somebody. C) When the document is from your company. D) Legal Consideration ---------- Correct Answer ---------- D) Legal Consideration
14. A deponent is? A) One named in a will to carry out the provisions. B) The testimony of a witness taken out of court under oath/affirmation. C) An agreement. D) Someone ordered to a hearing out of court called a deposition. ---------- Correct Answer ---------- D) Someone ordered to a hearing out of court called a deposition.
15. What is the notary fee for a protest of non-payment? A) .75 cents for the first one and .10 cents thereafter limit of 5 B) $25 for unlimited within 24 hrs. C) $5 for the original and .50 cents per copy. D) $10 with a limit of 7. ---------- Correct Answer ---------- A) .75 cents for the first one and .10 cents thereafter limit of 5
16. What is the name of what a Notary places below the Notary signature? A) Seal B) Stamp C) Statement of Authority D) Certification ---------- Correct Answer ---------- C) Statement of Authority
17. Who approves the appointment of a Notary Public? A) The name appointed under and no other. B) County Clerk C) Secretary of State D) Town judge where the Notary resides ---------- Correct Answer ---------- C) Secretary of State
18. What is the fee for changing name for marriage purposes and updating the State? A) The maiden name change fee $ B) Free for anyone changing names for marriage purposes. C) $5 to update the database. D) $12 one-time fee ---------- Correct Answer ---------- B) Free for anyone changing names for marriage purposes.
19. Who must be with a bank employee to witness the terminated lease opening of a an abandoned safety deposit box? A) A police officer or Sheriff. B) A bank officer or employee of the lessor.

C) The lessee. D) A Notary Public ---------- Correct Answer ---------- D) A Notary Public

20. Who can translate a deed into another language to be filed in a NY County Clerk? A) Translator with certificate of designation by the county judge. B) Translation certified expert by Translators Society of USA. C) Affidavit service magistrate. D) All the above. ---------- Correct Answer ---------- A) Translator with certificate of designation by the county judge.
21. What can happen to a notary for doing something illegal or with malfeasance? A) Can be summoned to a NYS tribunal hearing for license revocation. B) Can go to criminal court as a defendant. C) Can be sued for $ damages in Civil court. D) All the above. ---------- Correct Answer ---------- D) All the above.
22. What do the two witnesses to a will sign? A) The witness approval proof certificate. B) Attestation clauses C) Identity verification form D) The affidavit ---------- Correct Answer ---------- B) Attestation clauses
23. What is Chattel? A) Beef stock certificates. B) Personal property such as household goods or fixtures. C) The Latin word for Jurat D) The damages paid for wrongful Notary Public Fees charged by a Notary Public NY - --------- Correct Answer ---------- B) Personal property such as household goods or fixtures.
24. Who issues certificates involved in various Notary Public procedures? A) The county clerks offices. B) The Secretary of State's offices. C) The Notary Public. D) All the above. ---------- Correct Answer ---------- D) All the above.
25. What is an Executor A) A document that verifies a Notary's authority. B) The placing of an instrument in the hands of a person as a depository. C) The one named in the will to carry out the provisions of a will. D) An instrument that modifies an already existing will. ---------- Correct Answer ---------- C) The one named in the will to carry out the provisions of a will.
26. What is the fee charged to a person for an affidavit at the County Clerks Office? A) $2. B) $2.00 for each original signature witnessed.

C) .75 (cents) for the first one and .10 (cents) for the second one. D) Notary services are free during normal business hours. ---------- Correct Answer ------ ---- D) Notary services are free during normal business hours.

27. What is the maximum jail sentence for a class D Felony? A) seven years B) 1 year. C) Three years. D) There is no maximum sentence. ---------- Correct Answer ---------- A) seven years
28. What is the maximum sentence for class A misdemeanors? A) 1 year. B) 5 years. C) Probation for 3 years. D) 6 months in jail. ---------- Correct Answer ---------- A) 1 year
29. What is the maximum sentence for a Class E felony? A) Four years. B) 7 years. C) 3 years. D) There is no limit...the judge can do what he/she decides is fair. ---------- Correct Answer ---------- A) Four years.
30. What is the mandatory sentence for a class D felony convictions? A) 4 years. B) seven years. C) 3 years. D) There is no minimal sentence because the judge decides. ---------- Correct Answer -- -------- C) 3 years.
31. What is the sentence for Class 2X felonies? A) There is no 2X felony. B) Class D felony 2nd offense 3 to 7 years. C) Class E felony ist offense 3 to 4 years. D) The District attorney will decide with the judge in private. ---------- Correct Answer ---- ------ A) There is no 2X felony.
32. What is an Apostle? A) Something certified for international use. B) A Notary application. C) Class D felony. D) The administrator of a will appointed by the court. ---------- Correct Answer ---------- A) Something certified for international use.
33. Where is the Notary Public Law located? A) The Public Officer's Law aka Notary Public License law

B) At the local library C) The County Clerk's Hearing offices D) The County Clerk's authentication office. ---------- Correct Answer ---------- A) The Public Officer's Law aka Notary Public License law

34. What was completed by a County Clerk when issuing an, "Authentication Certificate" and charging a $3 fee? A) Verified the voter registration. B) Verified the Notary Public signature is authentic. C) Certification of the Notary Court involvement. D) All the above. ---------- Correct Answer ---------- B) Verified the Notary Public signature is authentic.
35. Which of the following is, "Professional Misconduct"? A) When a Notary does something while aware it is not procedurally correct. B) Notarizing knowing there is a fake ID involved. C) When the Notary makes a mistake and does the wrong thing. D) A & B ---------- Correct Answer ---------- D) A & B
36. Which of the following people can hold the office of Notary Public? A) A County Sheriff. B) A former Commissioner of Deeds for NYC who was removed from office. C) A & B above. D) A convicted felon. ---------- Correct Answer ---------- D) A convicted felon.
37. Can a Notary who is also an officer of a corporation notarize for her own corp.? A) No B) Yes for employees and even fellow corporate officers. C) Yes but only if she is not a party to the instrument individually or as a Co. Rep. D) B & C above are both correct. ---------- Correct Answer ---------- D) B & C above are both correct.
38. Who has some limited rights to practice law as a non-attorney? A) Law students after 2 semesters and have not failed bar exam 2 times. B) Prevention of cruelty officers. C) You practicing law for yourself only. D) All the above. ---------- Correct Answer ---------- D) All the above.
39. What is required for an indictment for perjury on an affidavit? A) Affiant saying "I do" or words of like meaning after the oath is read. B) Affiant nodding head yes. C) Affiant putting thumb print in designated box on form. D) All the above. ---------- Correct Answer ---------- A) Affiant saying "I do" or words of like meaning after the oath is read.
40. What is "Laches"?

A) A device to lock a Notary logbook safely away from the public. B) getting too many parking tickets. C) The delay or negligence in asserting one's rights in court. D) None of the above. ---------- Correct Answer ---------- D) None of the above. Acknowledgment ---------- Correct Answer ---------- A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Requisites of acknowledgments. ---------- Correct Answer ---------- An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument Administrator ---------- Correct Answer ---------- A person appointed by the court to manage the estate of a deceased person who left no will. Affiant ---------- Correct Answer ---------- The person who makes and subscribes his signature to an affidavit. Affidavit ---------- Correct Answer ---------- An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. Difference between an acknowledgement and an affidavit ---------- Correct Answer ------- --- The distinction between the taking of an acknowledgment and an affidavit must be clearly understood. In the case of 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. Affirmation ---------- Correct Answer ---------- A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding Form of affirmation ---------- Correct Answer ---------- "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct." Apostile ---------- Correct Answer ---------- Department of State authentication attached to a notarized and county- certified document for possible international use. Attest ---------- Correct Answer ---------- To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness. Attestation Clause ---------- Correct Answer ---------- That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

Authentication (Notarial) / County Clerk's Certificate ---------- Correct Answer ---------- A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such. Bill of Sale ---------- Correct Answer ---------- A written instrument given to pass title of personal property from vendor to vendee. Certified Copy ---------- Correct Answer ---------- A copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue certified copies. Chattel ---------- Correct Answer ---------- Personal property, such as household goods or fixtures. Chattel Paper ---------- Correct Answer ---------- A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement. Codicil ---------- Correct Answer ---------- An instrument made subsequent to a will and modifying it in some respects. Consideration ---------- Correct Answer ---------- Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. Contempt of Court ---------- Correct Answer ---------- Behavior disrespectful of the authority of a court which disrupts the execution of court orders. Contract ---------- Correct Answer ---------- 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. Conveyance (Deed) ---------- Correct Answer ---------- Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. Deponent ---------- Correct Answer ---------- One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant." Deposition ---------- Correct Answer ---------- 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.

Duress ---------- Correct Answer ---------- Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. Escrow ---------- Correct Answer ---------- 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. Executor ---------- Correct Answer ---------- One named in a will to carry out the provisions of the will. Ex Parte (From One Side Only) ---------- Correct Answer ---------- A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. Felony ---------- Correct Answer ---------- A crime punishable by death or imprisonment in a state prison. Guardian ---------- Correct Answer ---------- A person in charge of a minor's person or property. Judgment ---------- Correct Answer ---------- Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Jurat ---------- Correct Answer ---------- A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. Jurat form ---------- Correct Answer ---------- "Sworn to before me this ........ day of ........, 20 ......" Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature and such other data as required by § 137 of the Executive Law. Laches ---------- Correct Answer ---------- The delay or negligence in asserting one's legal rights. Lease ---------- Correct Answer ---------- 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. Lien ---------- Correct Answer ---------- A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. Litigation ---------- Correct Answer ---------- The act of carrying on a lawsuit.

Misdemeanor ---------- Correct Answer ---------- Any crime other than a felony. Mortgage On Real Property ---------- Correct Answer ---------- 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. Notary Public ---------- Correct Answer ---------- 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. Oath ---------- Correct Answer ---------- 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. An oath is valid when... ---------- Correct Answer ---------- First, the person swearing or affirming must personally be in the presence of the notary public Secondly, that the person unequivocally swears or affirms that what he states is true Thirdly, that he swears or affirms as of that time Lastly, that the person conscientiously takes upon himself the obligation of an oath. Plaintiff ---------- Correct Answer ---------- A person who starts a suit or brings an action against another. Power of Attorney ---------- Correct Answer ---------- A written statement by an individual giving another person the power to act for him. Proof ---------- Correct Answer ---------- 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. Protest ---------- Correct Answer ---------- 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. Seal ---------- Correct Answer ---------- The laws of the State of New York do not require the use of seals by notaries public. If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction.

It is the opinion of the Department of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York." Signature of Notary Public includes... ---------- Correct Answer ---------- 1. A notary public must sign the name under which he was appointed and no other.

2. Venue
3. Printed name
4. The words "Notary Public State of New York"
5. The name of the county in which he is qualified
6. Date upon which his commission expires Statute ---------- Correct Answer ---------- A law established by an act of the Legislature. Statute of Frauds ---------- Correct Answer ---------- State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. Statute of Limitations ---------- Correct Answer ---------- A law that limits the time within which a criminal prosecution or a civil action must be started. Subordination Clause ---------- Correct Answer ---------- A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. Sunday restrictions -- ---------- Correct Answer ---------- A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding. Swear ---------- Correct Answer ---------- This term includes every mode authorized by law for administering an oath. Taking an Acknowledgment ---------- Correct Answer ---------- The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken. Venue ---------- Correct Answer ---------- The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. Ex: "State of New York, County of (New York) ss.:". Will ---------- Correct Answer ---------- The disposition of one's property to take effect after death. Schedule of Fees ---------- Correct Answer ---------- Authentication Certificate 3.

Protest of Note, Commercial Paper, etc.. Ea additional Notice of Protest (limit 5) each. Oath or Affirmation 2. Acknowledgment (each person) 2. Proof of Execution (each person) 2. Swearing Witness 2. Public Officers Law ---------- Correct Answer ---------- Notary must not act before taking and filing oath of office. The Public Officers Law (§15) provides that a person who executes any of the functions of a public office without having taken and duly filed the required oath of office, as prescribed by law, is guilty of a misdemeanor. Class D Felony Term ---------- Correct Answer ---------- For a class D felony, the term shall be fixed by the court, and shall not exceed 7 years Class E Felony Term ---------- Correct Answer ---------- For a class E felony, the term shall be fixed by the court, and shall not exceed 4 years Misdemeanor Term ---------- Correct Answer ---------- A sentence of imprisonment for a class A misdemeanor shall be a definite sentence, and shall not exceed one year Forgery ---------- Correct Answer ---------- Class D Felony A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another Issuing a false certificate ---------- Correct Answer ---------- Class E felony A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information. Official misconduct ---------- Correct Answer ---------- Class A misdemeanor A public servant is guilty of official misconduct when, with intent to obtain a benefit or to injure or deprive another person of a benefit:

1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office. Refusal to officiate ---------- Correct Answer ---------- Class A misdemeanor

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor Perjury ---------- Correct Answer ---------- Class A misdemeanor One is guilty of perjury if he has stated or given testimony on a material matter, under oath or by affirmation, as to the truth thereof, when he knew the statement or testimony to be false and willfully made. Advertising ---------- Correct Answer ---------- A notary public who is not an attorney licensed to practice law in the State of New York shall not falsely advertise that he or she is an attorney licensed to practice law in the State of New York Misconduct by a notary and removal from office ---------- Correct Answer ---------- A notary public who, in the performance of the duties of such office shall practice any fraud or deceit, is guilty of a misdemeanor (Executive Law, §135-a), and may be removed from office Fee for administering certain official oaths prohibited ---------- Correct Answer ---------- An officer is not entitled to a fee, for administering the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or to any other public officer or public employee. A notary at the time of appointment must be either a NYS resident or have a place of business in New York State? -------- Correct Answer --------- 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? -------- Correct Answer --------- 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? -------- Correct Answer -- ------- 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? -------- Correct Answer --------- 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. --- ----- Correct Answer --------- 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? -------- Correct Answer --------- 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? -------- Correct Answer ------ --- 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 -------- Correct Answer --------- 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. -------- Correct Answer --------- 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? -------- Correct Answer --------- 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? -------- Correct Answer ------- -- FALSE - a certification of a notarial signature is issued by the county clerk for a fee of $ No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds -------- Correct Answer --------- 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. -------- Correct Answer --------- 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? -------- Correct Answer --------- 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. -------- Correct Answer --------- 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? -------- Correct Answer --------- FALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public -------- Correct Answer --------- FALSE- Sheriffs cannot hold any other office A notary public shall not notarize a paper if he has a pecuniary interest in the transaction -------- Correct Answer --------- 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. -------- Correct Answer --------- 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 -------- Correct Answer --------- 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. -------- Correct Answer --------- 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" -------- Correct Answer --------- 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 -------- Correct Answer --------- 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. -------- Correct Answer --------- 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. ------ -- Correct Answer --------- 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 -------- Correct Answer --------- 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. -------- Correct Answer -----

---- 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. -------- Correct Answer --------- 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. -------- Correct Answer --------- 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 -------- Correct Answer --------- 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. -------- Correct Answer ------- -- 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 -------- Correct Answer --------- 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 -------- Correct Answer --------- 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 -------- Correct Answer ------- -- 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. -------- Correct Answer --------- 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? -------- Correct Answer --------- 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 -------- Correct

Answer --------- 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? -------- Correct Answer - -------- 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. -------- Correct Answer --------- 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 -------- Correct Answer --------- 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 -------- Correct Answer --------- TRUE- notaries public are expressly prohibited from drawing up wills. a notary public is not a public officer -------- Correct Answer --------- 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 _____ -------- Correct Answer --------- 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. -------- Correct Answer --------- 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? -------- Correct Answer --------- 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 -------- Correct Answer --------- 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. -------- Correct Answer --------- 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 -------- Correct Answer --------- D A sentence of imprisonment for a class "a" misdemeanor shall be a ___ sentence -------- Correct Answer --------- 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 -------- Correct Answer --------- Second degree Forgery in the second degree is a class ___ felony -------- Correct Answer --------- D Issuing a false certificate is a class ___ felony -------- Correct Answer --------- E Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions -------- Correct Answer ------ --- 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. -------- Correct Answer --------- TRUE- refusal to do so is a misdemeanor A person is guilty of perjury if under oath or ___ he has given false testimony -------- Correct Answer --------- 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. -------- Correct Answer --------- 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. -------- Correct Answer --------- TRUE- however, taking acknowledgements over the phone is illegal A notary who takes an acknowledgment over the telephone is guilty of a _____. -------- Correct Answer --------- misdemeanor Unless the person who makes the acknowledgment appears in front of the notary, the notary's certificate that he so came is _____. -------- Correct Answer --------- Fraudulent Making a false certificate is forgery in the _____ degree -------- Correct Answer --------- Second A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest. -------- Correct Answer --------- should not An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will. -------- Correct Answer --------- administrator

a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths. -------- Correct Answer --------- affidavit An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use -------- Correct Answer --------- 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. -------- Correct Answer --------- Authentication Is an _____ the witness certify that the instrument has been executed before them, and the manner of the execution of the same. -------- Correct Answer --------- Attestation clause An ___ is a solemn declaration made by persons who conscientiously decline taking an oath -------- Correct Answer --------- Affirmation A ______ is a written instrument given to pass title of a personal property from vendor to vendee. -------- Correct Answer --------- bill of sale ____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods -------- Correct Answer --------- chattel paper a __ is an instrument made subsequent to a will and attached to the will -------- Correct Answer --------- codicil ___ is anything of value given to induce someone to enter into a contract -------- Correct Answer --------- consideration a ___ is a copy of a public record signed and certified as true copy by the public official having custody of the original. -------- Correct Answer --------- certified copy Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _____ -------- Correct Answer --------- contempt of court A ___ is an agreement between competent parties to do or not do certain things for legal consideration. -------- Correct Answer --------- 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 -------- Correct Answer --------- conveyance Another term for County clerk's certificate is ___ -------- Correct Answer --------- authentication

_____ 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. -------- Correct Answer --------

• escrow An ___ is one named in a will to carry out the provision of the will -------- Correct Answer --------- 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 -------- Correct Answer --------- Ex parte A __ is a crime punishable by death or imprisonment over one year -------- Correct Answer --------- felony A __ is a person in charge of a minor's person -------- Correct Answer --------- guardian A ___ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness -------- Correct Answer --------- judgement The ___ appoints and commissions notaries public in New York State. -------- Correct Answer --------- Secretary of State The jurisdiction of notaries public is ______ -------- Correct Answer --------- New York State Notaries public are appointed for ___ years -------- Correct Answer --------- 4 years Applications for notaries public are as prescribed by -------- Correct Answer --------- the secretary of state Attorneys and __ are exempt from taking the notary public exam -------- Correct Answer --------- certain court clerks Applicants for notary public must have the equivalent of a ___ school education -------- Correct Answer --------- common school The ___ may suspend or remove a notary public from office -------- Correct Answer ------ --- Secretary of state A person convicted of a ___ cannot be appointed a notary public. -------- Correct Answer --------- felony A person convicted of unlawfully possessing or distributing habit forming narcotic drugs (can/cannot) be appoint a notary public -------- Correct Answer --------- cannot A person sought to be removed as a notary public must be served a copy of the charges -------- Correct Answer --------- true

An oath of ___ shall be submitted to the secretary of state with the application for notary public. -------- Correct Answer --------- office The fee for notary public appointment is __ -------- Correct Answer --------- $60 The notary public identification card contains the appointee's name, address, county and ______ -------- Correct Answer --------- commission term The secretary of state must send $20 fee to the _____ by the 10th day of the following month -------- Correct Answer --------- county clerk The ___ makes an index of commissions and official signatures transmitted by the county clerk. -------- Correct Answer --------- secretary of state The __ issues reappointment commissions to notaries public -------- Correct Answer ----- ---- county clerk the ___ shall receive a fee of $60 from each applicant for reappointment -------- Correct Answer --------- county clerk The county clerk shall transmit to the secretary of state ____ from the fee for reappointment -------- Correct Answer --------- $40 Generally, the secretary of state shall receive a non refundable fee of __ for changing the name or address of a notary. -------- Correct Answer --------- $10 The secretary of state may issue a duplicate identification card for a fee of _____ -------- Correct Answer --------- $10 The county clerk where the notary commission is filed or the __ may certify as to the official character of such notary public -------- Correct Answer --------- secretary of state The secretary of state shall collect for a certificate of official character issued by him the sum of $____ -------- Correct Answer --------- $10 The county clerk charges a fee of $__ to file a certificate of official character -------- Correct Answer --------- $10 A person convicted of a violation of the selective draft act of the US (is/is not) eligible for appointment as notary public? -------- Correct Answer --------- 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 -------- Correct Answer --------- one

A sheriff (may/may not) hold another office? -------- Correct Answer --------- may not A member of the legislature (may/may not) be appointed a notary public -------- Correct Answer --------- may A notary public who is pecuniarly interested in a transaction (is/is not) capable of acting as a notary public in that case -------- Correct Answer --------- What is the simplest form of an oath? -------- Correct Answer --------- "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?" What is the simplest form of an affirmation? -------- Correct Answer --------- "Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?" A notary may not... (four things) -------- Correct Answer --------- 1. Give advice on law; 2. Ask for and get legal business; 3. Divide fees with a lawyer; 4. Advertise that he practices law; 5. advised not to execute an acknowledgement of the execution of a will How long is the term of appointment? -------- Correct Answer --------- Four years What qualifications must a notary have? -------- Correct Answer --------- 1. US citizen; 2. Live/work in NYS; 3. have good moral character; 4. common school education; 5. familiar with duties/responsibilities of being a notary What must Secretary of state to do suspend/remove from office after misconduct? -------

• Correct Answer --------- Must be served with a copy of the charges against and have an opportunity to be heard. What can a notary not have been convicted of? -------- Correct Answer --------- 1. a felony; 2. illegal carry; 3. making/possessing burglar's instruments; 4. buying stolen property; 5. unlawful entry; 6. aiding escape from prison; 7. narcotic drugs; 8. vagrancy/prostitution To whom does the notary submit the application? -------- Correct Answer --------- Secretary of State How is the $60 app fee distributed? -------- Correct Answer --------- $20 to the county clerk (where notary resides), $40 to Secretary of State Who makes an index of commissions and official signatures? -------- Correct Answer ---- ----- the county clerk, who transmits it to the Sec. of State Who issues the commission? -------- Correct Answer --------- the county clerk

What is the fee for reappointment? -------- Correct Answer --------- $60 to the county clerk What is the fee for a name change? -------- Correct Answer --------- $10 to the Sec. of State What is the fee for a duplicate ID card? -------- Correct Answer --------- $10 to the Sec. of State Who may certify to the official character of the notary? -------- Correct Answer --------- The Sec. of State or county clerk What is the fee for a certificate of official character? -------- Correct Answer --------- $10 to the Sec. of state or $5 to the county clerk What is the fee for a certificate of proof or acknowledgment of oath signed by a notary from the county clerk? -------- Correct Answer --------- $3 Can someone who has been removed from office as a commissioner of deeds for NYC be eligible to be appointed as a notary? -------- Correct Answer --------- No. What is some who has been removed from office as a commissioner of deeds for NYC guilty of if he notarizes anything? -------- Correct Answer --------- A misdemeanor. Is a commissioner of elections or inspector of elections eligible to be a notary? -------- Correct Answer --------- Yes Is someone who violates the draft act eligible to be a notary? -------- Correct Answer ----- ---- No. Can a member of the legislature be a notary? -------- Correct Answer --------- Yes Can a sheriff be a notary? -------- Correct Answer --------- No How can a notary be disqualified from notarizing something? -------- Correct Answer ----- ---- If he has an interest in the case, i.e. if the notary is a party to or directly and pecuniarily interested in the transaction Can a signature and seal of a county clerk upon a certificate of official character of a notary public or the signature of a county clerk upon a certificate of authentication of the signature and acts of a notary public or commissioner of deeds be a facsimile, printed, stamped, photographed or engraved thereon? -------- Correct Answer --------- Yes What is every notary qualified to do? -------- Correct Answer --------- administer oaths and affirmations, to

take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country In addition, what are notaries who are attorneys do? -------- Correct Answer --------- administer an oath or affirmation to or take the affidavit or acknowledgment of his client What is a notary liable for in the case of misconduct? -------- Correct Answer --------- liable to the parties injured for all damages sustained by them What fee can a notary demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft and giving the requisite notices and certificates of such protest? -------- Correct Answer --------- 75 cents for such protest, and 10 cents for each notice, not exceeding five, on any bill or note What is someone guilty of if they impersonate a notary? -------- Correct Answer --------- a misdemeanor What can happen to a notary who advertises services in another language does not include the statement, "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice"? -------- Correct Answer --------- may be liable for civil penalty of up to one thousand dollars second violation - may be suspended third violation - may be removed (as long as notary has been served with charges and given opportunity to defend) What fees is a notary entitled to? -------- Correct Answer --------- 1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, $2.

2. For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, $2, and by each additional person, $2, for swearing such witness thereto, $2. What must a notary include with his signature? -------- Correct Answer --------- his name, the words "Notary Public State of New York," the name of the county in which he originally qualified, and the date upon which his commission expires and, in addition,

wherever required, a notary public shall also include the name of any county in which his certificate of official character is filed May a notary who is a stockholder, director, officer or employee of a corporation notarize for another stockholder, director, officer or employee of a corporation or administer an oath of any other stockholder, director, officer, employee or agent of such corporation, and may such notary public may protest for non- acceptance or non- payment, bills of exchange, drafts, checks, notes and other negotiable instruments owned or held for collection by such corporation? -------- Correct Answer --------- Yes May a notary who is a stockholder, director, officer or employee of a corporation take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if the notary be a party executing such instrument, either individually or as representative of such corporation, or shall a notary public protest any negotiable instruments owned or held for collection by such corporation, if such notary public be individually a party to such instrument, or have a financial interest in the subject of same? -------- Correct Answer --------- No What must a notary have before taking an acknowledgement? -------- Correct Answer --- ------ Satisfactory evidence of the person's identity What is the uniform form of certificates of acknowledgement of proof? -------- Correct Answer --------- State of New York ) ) ss.: County of....... ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,executed the instrument. (Signature and office of individual taking acknowledgment.) A certificate for a proof of execution by a subscribing witness of a conveyance or other instrument made by any person in respect to real property situate in this state, must conform substantially with what form? -------- Correct Answer --------- State of New York ) ) ss.: County of....... ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being