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

Download 2024 NYS Notary Exam New Latest Updated Version with All Questions from Actual Past Exam and more Exams Finance in PDF only on Docsity!

2024 NYS Notary Exam New Latest Updated Version

with All Questions from Actual Past Exam and 100%

Correct Answers

According to New York Executive Law § 130(4), what is required for a Notary Public in New York State to renew their commission? A. The Notary must retake the notary examination. B. The Notary must complete a refresher course approved by the state. C. The Notary must submit a renewal application and pay the prescribed fee. D. The Notary must provide recommendations from two individuals who have known them for at least one year. ---------- Correct Answer ---------- C. The Notary must submit a renewal application and pay the prescribed fee. According to New York Executive Law § 130(5), where is a Notary Public in New York State authorized to perform notarial acts? A. Only in the county where they were appointed. B. Anywhere within the state of New York. C. Only in the city where they reside. D. Only within the judicial district of their appointment. ---------- Correct Answer ---------- B. Anywhere within the state of New York.

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 Is there an examination requirement for becoming a notary public in NYS? ---------- Correct Answer ---------- Yes, applicants must pass a written examination, unless they are members of the NYS bar or court clerks of the unified court system. How often can a notary public their commission in NYS? ---------- Correct Answer ---------

• A notary public can renew their commission every four years in New York State. What is the fee for taking the notary public examination in New York State? ---------- Correct Answer ---------- The fee for taking the notary public examination is $15. Can a non-resident be appointed as a notary public in New York State? ---------- Correct Answer ---------- Yes, a non-resident can be appointed as a notary public if they have an office or place of business in New York State.

Which of the following best describes the term "conveyance" as defined in the "Real Property Law" section? A) Only a written instrument that transfers real property. B) A written instrument that creates, transfers, mortgages, or assigns an interest in real property. C) A written instrument that affects the title to real property, excluding wills and leases. D) A written instrument that affects the title to real property, but only if it's executed within New York State. ---------- Correct Answer ---------- B) A written instrument that creates, transfers, mortgages, or assigns an interest in real property. Which of the following statements regarding the recording of conveyances of real property is accurate according to the "Real Property Law"? A) A recording officer can record any conveyance of real property, regardless of the language it's written in. B) A recording officer shall not record a conveyance of real property if the entire conveyance is in a language other than English, unless it is accompanied by an English translation. C) A recording officer can only record conveyances of real property written in Latin- based languages. D) A recording officer is required to translate any non-English conveyance of real property into English before recording. ---------- Correct Answer ---------- B) A recording officer shall not record a conveyance of real property if the entire conveyance is in a language other than English, unless it is accompanied by an English translation. According to the "Real Property Law", when a safe deposit box's rental fee is not paid, and after proper notice has been given to the lessee, what action can the lessor (bank) take? A) The lessor can immediately confiscate the contents of the safe deposit box. B) The lessor can open the safe deposit box in the presence of a police officer and inventory the contents. C) The lessor can open the safe deposit box in the presence of a notary public, remove and inventory the contents. D) The lessor must wait for a court order before taking any action regarding the safe deposit box. ---------- Correct Answer ---------- C) The lessor can open the safe deposit box in the presence of a notary public, remove and inventory the contents. In the context of the "Real Property Law", which of the following statements is true regarding the acknowledgment or proof of a conveyance of real property outside of New York State? A) The acknowledgment or proof can only be taken by a New York State notary public. B) The acknowledgment or proof must always be accompanied by a certificate of authentication from the county clerk.

C) The acknowledgment or proof may be taken in a manner prescribed by the laws of another state, territory, possession, or foreign country. D) The acknowledgment or proof cannot be taken outside of New York State under any circumstances. ---------- Correct Answer ---------- C) The acknowledgment or proof may be taken in a manner prescribed by the laws of another state, territory, possession, or foreign country. Where can the acknowledgment or proof of a conveyance of real property located in New York State be made? A) Only within the district where the officer is authorized to perform official duties. B) Anywhere within the state, but only before a notary public. C) At any place within the state, before a justice of the supreme court, an official examiner of title, an official referee, or a notary public. D) Only before a justice of the peace or a village police justice. ---------- Correct Answer ---------- C) At any place within the state, before a justice of the supreme court, an official examiner of title, an official referee, or a notary public. According to §195.00 of the Penal Law, which of the following actions can be considered as official misconduct by a public servant? A) Performing an act related to their office, knowing it's unauthorized. B) Refusing to administer an oath when requested. C) Taking a longer lunch break than allowed. D) Disagreeing with a colleague on an official matter. ---------- Correct Answer ---------- A) Performing an act related to their office, knowing it's unauthorized. According to the Penal Law §170.10, which of the following actions can be classified as forgery in the second degree? A) Falsely making a personal diary entry. B) Creating a fake social media profile. C) Falsely altering a public record. D) Writing a fictional story. ---------- Correct Answer ---------- C) Falsely altering a public record. What action should a notary public take if presented with a document that contains blank spaces? A. Notarize the document as it is, since filling in blanks is not the notary's responsibility. B. Fill in the blanks with N/A before notarizing. C. Refuse to notarize until all blanks are filled in or otherwise resolved. D. Keep a record of the blanks and proceed with notarization. ---------- Correct Answer -- -------- C. Refuse to notarize until all blanks are filled in or otherwise resolved.

John, with the intent to deceive his employer, falsely creates a written instrument that purports to be an official certificate from a public office. According to the Penal Law, John can be charged with: A) Forgery in the second degree. B) Issuing a false certificate. C) Official misconduct. D) Perjury. ---------- Correct Answer ---------- B) Issuing a false certificate. Which of the following is NOT a requirement for notaries public who wish to perform notarial acts in New York State as per §182.3? A) Obtain satisfactory evidence of the identity of any principal appearing before the notary. B) Refuse to perform a notarial act when the requirements of this Part are not met. C) Administer any oath or affirmation as required by the law governing the transaction. D) Provide a monthly report to the secretary of state detailing all notarial acts performed. ---------- Correct Answer ---------- D) Provide a monthly report to the secretary of state detailing all notarial acts performed. According to §182.4, what is a requirement for all notaries public who wish to perform electronic notarial acts in New York State? A) Be physically located outside the boundaries of New York when performing electronic notarial acts. B) Use a network that disguises the actual location from which the electronic notary is performing the electronic notarial act. C) Affix a reliable electronic signature to electronic records. D) Use their designated electronic signature for personal and non-official purposes. ----- ----- Correct Answer ---------- C) Affix a reliable electronic signature to electronic records. A person is found guilty of a Class D felony. What is the maximum term of imprisonment they can receive according to §70.00 of the Penal Law? A) 4 years B) 7 years C) 10 years D) 5 years ---------- Correct Answer ---------- B) 7 years In accordance with §182.4, which of the following is NOT a requirement for notaries public wishing to perform electronic notarial acts in New York State? A) The notary must be physically located within the boundaries of New York when performing electronic notarial acts. B) The notary must use a network that disguises the actual location from which the electronic notary is performing the electronic notarial act. C) The notary must affix a reliable electronic signature to electronic records.

D) The notary must ensure the remote online notarial certificate clearly states that the person appeared using communication technology. ---------- Correct Answer ---------- B) The notary must use a network that disguises the actual location from which the electronic notary is performing the electronic notarial act. According to §182.5, what is required for satisfactory evidence of identity when an individual appears before an electronic notary public using communication technology and is not personally known to the notary public? A) Identity verification through a live video call only. B) Credential analysis and identity proofing by a third-party service provider. C) A written statement from the individual attesting to their identity. D) A personal reference from a known associate of the notary. ---------- Correct Answer - --------- B) Credential analysis and identity proofing by a third-party service provider. A public servant intentionally refrains from performing a duty clearly inherent in the nature of his office. According to Penal Law §195.00, this action can be classified as: A) A class D felony. B) A class E felony. C) A class A misdemeanor. D) Not a punishable offense. ---------- Correct Answer ---------- C) A class A misdemeanor. What is the primary distinction between an Acknowledgment and an Affidavit? A. An acknowledgment verifies the identity and execution of a document, while an affidavit involves the administration of an oath to the affiant. B. An acknowledgment is a signed statement, while an affidavit is a verbal pledge. C. An acknowledgment is taken by a notary public, while an affidavit is taken by a court official. D. An acknowledgment is a legal right or claim upon a specific property, while an affidavit is a written instrument giving title of personal property. ---------- Correct Answer ---------- A. An acknowledgment verifies the identity and execution of a document, while an affidavit involves the administration of an oath to the affiant. According to §182.5, for an individual who physically appears before a notary public, which of the following is NOT listed as a method for satisfactory evidence of identity? A) Presentation of a valid and current identification card issued by a governmental agency. B) Attestation by the notary that the individual is a distant relative. C) The oath or affirmation of a witness who is personally known to both the individual and notary. D) The oath or affirmation of two witnesses who know the individual personally and provide identification. ---------- Correct Answer ---------- B) Attestation by the notary that the individual is a distant relative.

What is the primary purpose of an "Affirmation"? A. It is a written statement by an individual giving another person the power to act for him. B. It is a solemn declaration made by persons who conscientiously decline taking an oath and is equivalent to an oath. C. It is a formal statement in writing by a notary public, under seal, about a bill of exchange or promissory note. D. It is a law that limits the time within which a criminal prosecution or a civil action must be started. ---------- Correct Answer ---------- B. It is a solemn declaration made by persons who conscientiously decline taking an oath and is equivalent to an oath. What is the primary duty of a "Notary Public"? A. To create laws and establish regulations for the state. B. To execute acknowledgments of deeds or writings and administer oaths. C. To provide legal advice and represent individuals in court. D. To manage the estate of a deceased person who left no will. ---------- Correct Answer ---------- B. To execute acknowledgments of deeds or writings and administer oaths. Definition of Acknowledgment: ---------- Correct Answer ---------- An acknowledgment is a formal declaration made by an individual before an authorized officer, confirming that the execution of a document is their genuine act and deed. In simpler terms, it's a person's declaration that they have genuinely signed a document. What is a Subordination Clause? A. A provision that allows a new mortgage to take precedence over an existing one. B. A clause that dictates the geographical location of a notarial act. C. A legal document that outlines the distribution of assets after death. D. A written statement giving another person the power to act on one's behalf. ---------- Correct Answer ---------- A. A provision that allows a new mortgage to take precedence over an existing one. Requisites of Acknowledgments: ---------- Correct Answer ---------- According to the Real Property Law §303: · An acknowledgment can only be taken by an officer if they either personally know the individual making the acknowledgment or have satisfactory evidence confirming the individual's identity. · The officer must be certain that the person making the acknowledgment is the same person described in the document and the one who executed it. Taking Acknowledgments Over the Phone: ---------- Correct Answer ---------- It's illegal for a notary to take acknowledgments over the telephone. Doing so is considered a misdemeanor. The person making the acknowledgment must physically appear before the notary on the specified day.

Interest as a Disqualification: ---------- Correct Answer ---------- A notary public should avoid taking an acknowledgment for a document in which they have a personal interest. Fraudulent Certificates of Acknowledgment: ---------- Correct Answer ---------- If a notary knowingly provides a false certificate of acknowledgment, they can be charged with forgery in the second degree, which can lead to imprisonment for up to 7 years. The key elements of this crime include false certification and the intention to defraud. Which of the following best describes the term "Jurat"? A. A jurat is the venue where a notary public takes an affidavit or acknowledgment. B. A jurat is the official seal of a notary public. C. A jurat is that part of an affidavit where the officer certifies that it was sworn to before him. D. A jurat is a legal right or claim upon a specific property. ---------- Correct Answer ------- --- C. A jurat is that part of an affidavit where the officer certifies that it was sworn to before him.

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 not 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. 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. What is the purpose of a jurat? A. To verify the identity of the person signing a document B. To certify that the person signing a document has sworn an oath C. To confirm that a document has been notarized D. To provide a record of the notarial act ---------- Correct Answer ---------- B. To certify that the person signing a document has sworn an oath What is required for satisfactory evidence of identity for an individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public? A. Identity verification, credential analysis, and identity proofing B. Personal acquaintance with the notary public C. Attestation by two witnesses who know the individual personally D. Attestation by the notary public that the individual is personally known to them ---------

• Correct Answer ---------- A. Identity verification, credential analysis, and identity proofing What is the penalty for violating the provisions of §§478, 479, 480, 481, 482, 483, or 484? A. A fine B. Revocation of notary commission C. Imprisonment D. Misdemeanor charge ---------- Correct Answer ---------- D. Misdemeanor charge A notary public is asked to take an acknowledgment over the phone. What should the notary do?

A. Take the acknowledgment over the phone. B. Refuse to take the acknowledgment over the phone. C. Ask the person to send a written request. D. Consult with a legal professional before proceeding. ---------- Correct Answer ---------- B. Refuse to take the acknowledgment over the phone. A notary public is asked to certify a copy of a public record. What should the notary do? A. Refuse to certify the copy. B. Certify the copy. C. Ask the person to send a written request. D. Consult with a legal professional before proceeding. ---------- Correct Answer ---------- A. Refuse to certify the copy. What does the term "laches" refer to? A. The process of notarizing a document B. The delay or negligence in asserting one's legal rights C. The legal framework governing notarial acts D. The qualifications required to become a notary public ---------- Correct Answer ---------

• B. The delay or negligence in asserting one's legal rights What does the term "Affiant" refer to? A. Affiant refers to the person who makes and subscribes his signature to an affidavit. B. Affiant refers to the person who administers an oath. C. Affiant refers to the person who receives an affidavit. D. Affiant refers to the person who witnesses an affidavit. ---------- Correct Answer -------- -- A. Affiant refers to the person who makes and subscribes his signature to an affidavit. What is an Acknowledgment? A. A person appointed by the court to manage the estate of a deceased person who left no will. B. A person who makes and subscribes his signature to an affidavit. C. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. D. 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. ---------- Correct Answer --- ------- C. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. What is a Deposition? A. A person appointed by the court to manage the estate of a deceased person who left no will. B. 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. C. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.

D. A person who makes and subscribes his signature to an affidavit. ---------- Correct Answer ---------- B. 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. What is the role of a notary public when it comes to administering oaths? A. A notary public can administer oaths over the telephone. B. A notary public can administer an oath to himself. C. A notary public must administer oaths and affirmations in a form that impresses the mind of the person taking it in accordance with his religious or ethical beliefs. D. A notary public can administer an oath to a corporation or a partnership. ---------- Correct Answer ---------- C. A notary public must administer oaths and affirmations in a form that impresses the mind of the person taking it in accordance with his religious or ethical beliefs. What is the responsibility of a notary public when it comes to the execution of an affidavit? A. A notary public can simply ask a person whether the signature on a purported affidavit is his. B. A notary public does not need to administer an oath for an affidavit. C. A notary public must administer an oath for an affidavit. D. A notary public can delegate the administration of an oath for an affidavit to someone else. ---------- Correct Answer ---------- C. A notary public must administer an oath for an affidavit. What is the rule regarding the use of seals by notaries public in the State of New York? A. The laws of the State of New York require the use of seals by notaries public. B. If a seal is used, it should sufficiently identify the notary public, his authority, and jurisdiction. C. A notary public can use any type of seal. D. A notary public cannot use a seal. ---------- Correct Answer ---------- B. If a seal is used, it should sufficiently identify the notary public, his authority, and jurisdiction. What are the consequences for a notary public who practices any fraud or deceit in the performance of their duties? A. They are guilty of a misdemeanor and may be removed from office. B. They are subject to a fine but can continue their practice. C. They are given a warning for the first offense. D. There are no specific consequences. ---------- Correct Answer ---------- A. They are guilty of a misdemeanor and may be removed from office. Can a notary public who is not an attorney licensed to practice law in the State of New York advertise their services in a language other than English without any disclaimer? A.Yes, they can advertise without any disclaimer. B. No, they must include a disclaimer in the same language as the advertisement. C. Yes, but they must include a disclaimer in English.

D. No, they cannot advertise their services in a language other than English. ---------- Correct Answer ---------- B. No, they must include a disclaimer in the same language as the advertisement. In New York State, can a Notary Public perform a marriage ceremony? A. Yes, but only for close family members B. No, Notaries are not authorized to perform marriages C. Yes, if they have received special training D. Only if both parties to the marriage have a notarial relationship with the Notary ------- --- Correct Answer ---------- B. No, Notaries are not authorized to perform marriages In New York State, what is the penalty for a Notary Public who knowingly notarizes a false statement? A. A fine of up to $500 B. Imprisonment for up to one year C. Both a fine and imprisonment D. Revocation of the Notary's commission ---------- Correct Answer ---------- C. Both a fine and imprisonment New York State, if a Notary Public changes their name, what action must they take regarding their Notary commission? A. Continue using their old name until the commission expires B. Notify the Secretary of State within 30 days of the name change C. Obtain a new seal with the new name but keep the old commission D. Resign their commission and apply for a new one ---------- Correct Answer ---------- B. Notify the Secretary of State within 30 days of the name change In New York State, what is the primary purpose of a Notary Public's journal? A. To record personal notes and reminders about notarial acts B. To serve as evidence in case of a legal dispute regarding a notarized document C. To advertise the Notary's services to potential clients D. To keep track of fees collected for notarial services ---------- Correct Answer ---------- B. To serve as evidence in case of a legal dispute regarding a notarized document In New York State, can a Notary Public refuse to provide services based on a person's race, gender, or religion? A. Yes, if the Notary has personal beliefs that conflict with the request B. No, discrimination based on race, gender, or religion is prohibited C. Yes, but only if the document being notarized goes against the Notary's religious beliefs D. Only if the person requesting services is not a resident of New York State ---------- Correct Answer ---------- B. No, discrimination based on race, gender, or religion is prohibited In New York State, if a document to be notarized is in a foreign language, what should a Notary Public do?

A. Refuse to notarize the document unless it's translated into English B. Notarize the document as long as the notarial certificate is in English C. Only notarize if the Notary is fluent in the foreign language D. Require an interpreter to be present during the notarization ---------- Correct Answer - --------- B. Notarize the document as long as the notarial certificate is in English Which of the following documents does NOT typically require notarization in New York State? A. Deeds transferring real property B. Affidavits C. Power of Attorney D. Employment application ---------- Correct Answer ---------- D. Employment application A person presents a document to a Notary Public in New York State for notarization but does not have any identification on them. What is the best course of action for the Notary? A. Refuse to notarize the document B. Accept a verbal affirmation of the person's identity C. Ask the person to bring two credible witnesses who can vouch for their identity D. Notarize the document but make a note in the journal about the lack of identification - --------- Correct Answer ---------- A. Refuse to notarize the document A client asks a Notary Public in New York State to make a certified copy of their birth certificate. What should the Notary do? A. Make a photocopy and notarize it as a true copy B. Refuse and inform the client that Notaries in New York cannot certify copies of vital records C. Direct the client to get a certified copy from the issuing agency D. Both B and C ---------- Correct Answer ---------- D. Both B and C If a Notary Public in New York State is found guilty of misconduct, which of the following consequences might they face? A. Revocation of their Notary commission B. Criminal prosecution C. Civil liability for damages D. All of the above ---------- Correct Answer ---------- D. All of the above According to the "Definitions And General Terms" section of the NYS "Notary Public License Law" booklet, which of the following is NOT considered a notarial act? A. Providing legal advice on a document. B. Taking an acknowledgment. C. Administering an oath or affirmation. D. Witnessing a signature. ---------- Correct Answer ---------- A. Providing legal advice on a document.

A notary public in New York State is approached by a client to prepare a will since the notary has legal knowledge. Which of the following is true regarding this situation? A. The notary can prepare the will if they don't charge a fee. B. The notary can prepare the will but only if supervised by an attorney. C. The notary cannot prepare the will as it constitutes the unauthorized practice of law. D. The notary can prepare the will as long as the client provides all necessary information. ---------- Correct Answer ---------- C. The notary cannot prepare the will as it constitutes the unauthorized practice of law. In New York State, which document is a notary public NOT authorized to certify? A. Copies of documents B. Birth certificates C. Transactions related to real estate D. Signatures on documents ---------- Correct Answer ---------- B. Birth certificates According to Title 19 NYCRR, Part 182.15, what is the requirement for a Notary Public in New York State regarding the expiration date of their commission? A. The Notary must display the expiration date prominently on their official seal. B. The Notary must verbally inform all signatories of the expiration date before performing a notarial act. C. The Notary must include the expiration date below their signature on all notarized documents. D. The Notary is not required to disclose the expiration date unless specifically asked. -- -------- Correct Answer ---------- C. The Notary must include the expiration date below their signature on all notarized documents. According to New York Executive Law § 137-a, if a Notary Public in New York State is presented with a document in a language they do not understand, what should they do? A. Refuse to notarize the document. B. Use an online translation tool to understand the document and then notarize it. C. Notarize the document as long as the notarial certificate is in English. D. Ask the signer to provide a translation before notarizing. ---------- Correct Answer ----- ----- C. Notarize the document as long as the notarial certificate is in English. According to New York Executive Law § 130(4), what is required for the renewal of a Notary Public commission in New York State? A. Retake the Notary Public examination. B. Submit a renewal application with the appropriate fee. C. Complete a refresher course on notarial practices. D. Obtain endorsements from three current Notaries. ---------- Correct Answer ---------- B. Submit a renewal application with the appropriate fee. According to New York Executive Law § 137(5), which of the following is NOT an acceptable method for a Notary Public in New York State to identify a signer? A. Personal knowledge of the signer. B. Reliable identification card with a photograph and signature.

C. A sworn written statement from a credible witness. D. A digital fingerprint scan. ---------- Correct Answer ---------- D. A digital fingerprint scan. According to New York Executive Law § 135(4), under which circumstance should a Notary Public in New York State refuse to perform a notarial act? A. When the signer is a close relative. B. When the Notary is a beneficiary of the document. C. When the document is in a foreign language. D. When the signer appears to be in a hurry. ---------- Correct Answer ---------- B. When the Notary is a beneficiary of the document. According to New York Executive Law § 130(10), what can happen to a Notary Public in New York State who is found guilty of deceit or misconduct? A. The Notary will be required to pay a fine of $500. B. The Notary's commission will be immediately revoked. C. The Notary will be required to retake the Notary Public examination. D. The Notary will be imprisoned for a term not exceeding one year. ---------- Correct Answer ---------- B. The Notary's commission will be immediately revoked. What is the consequence for a notary public who practices any fraud or deceit in the performance of their duties? A. The notary public is given a warning. B. The notary public is guilty of a misdemeanor and may be removed from office. C. The notary public receives a small fine. D. There are no consequences. ---------- Correct Answer ---------- B. The notary public is guilty of a misdemeanor and may be removed from office. What is the definition of "Satisfactory Evidence" in the context of notarial acts? A. A verbal confirmation from the principal. B. A written recommendation from a colleague. C. Identification of an individual based on personal knowledge or a credible witness. D. A general feeling of trust towards the principal. ---------- Correct Answer ---------- C. Identification of an individual based on personal knowledge or a credible witness. According to Title 19 NYCRR, Part 182.8, what is the requirement for a Notary Public in New York State when a person appears before them and is not personally known to the Notary? A. The Notary must obtain two forms of photo identification from the person. B. The Notary must refuse to perform the notarial act. C. The Notary must obtain satisfactory evidence of the person's identity through credible witness or appropriate identification.