New York State Notary Exam Comprehensive Study Guide, Exams of Public Law

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New York State Notary Exam

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What Does It Mean To 'Take An Acknowledgement'? A) The Notary Signs The Document B) The Notary Establishes That The Person Who Signed The Document Before Them Is The Person Mentioned In The Document C) The Notary Receives An Oath Which Attests To The Veracity Of The Statements Made In The Document D) The Notary Takes Payment For The Fees Rendered In The Notarization E) The Notary Writes Down A Deposition For A Civil Proceeding, Executing The Affiant's Exact Words And Testimony [Correct Ans Is: - B) The Words "Appeared Before Me" Are Often Used In An Acknowledgement. What Is An Apostille? A) A Certificate That Allows International Usage For A Document B) A French Word For An 'Acknowledgement' C) An Alternative To An Oath, Used As An Affirmation D) A Notary Public Who Can Notarize Documents For Foreign Use E) The Authentication Of A Notary Signature, Issued By A County Clerk [Correct Ans Is: - A) (Issued By The Department Of State. New York Department Of State, In This Case.) True/False:

The Venue For A Document Should Always Be Listed In The Notarial Stamp. [Correct Ans Is: - False. A Venue Has Nothing To Do With The Stamp, It Is Geographical Location Where The Document Was Signed. You Will See It On Legal Documents Commonly As "State Of New York / County Of New York" At The Start Of The Document, Or Near The Signatures. You Must Understand The Word 'Venue', And Be Sure The Venue Is Clear On Every Document You Notarize. If It Isn't Clear, Write It In. A Codicil Is: A) Part Of A Document Where The Affiant Swears To A Statement B) Part Of A Document Made Subsequent To The Initial Drafting, Modifying It In Some Respects C) Part Of A Document Where The Venue Is Clearly Stated D) A Deposition In A Criminal Case E) A Deposition In A Civil Case [Correct Ans Is: - B) Part Of A Document Made Subsequent To The Initial Drafting, Modifying It In Some Respects Swear (In Notary Public Terms) [Correct Ans Is: - This Term Includes Every Mode Authorized By Law For Administering An Oath

1. Which Of The Following Statements Is Not Correct? A. The Fee For A Notary Public Commission Is $ B. The Secretary Of State Commissions Notaries Public C. The Term Of A Notary Public Commission Is 2 Years D. Notary Public Examinations Are Scheduled Throughout NYS [Correct Ans Is: - The Term Of A Notary Public Commission Is 2 Years Notaries Public Are Commissioned In -

A. Their City Of Residence B. The City Where They Are Employed C. Their County Of Residence D. Their Town Or Village Of Residence [Correct Ans Is: - Their County Of Residence

3. Which Of The Following Statements Is Not Correct? No Person Shall Be Appointed As A Notary Public Who Has Been Convicted Of ______________. [Correct Ans Is: - Any Misdemeanor The County Clerk And Register Of Any County With Whom A Certificate Of Official Character Has Been Filed Shall Collect For The Filing- A. $ B. $ C. $ D. $ [Correct Ans Is: - $ A Notary Public Who Is Removed From Office And Then Executes Any Instrument As A Notary Public Is Guilty Of A - A. Violation B. Petty Offense C. Misdemeanor D. Felony [Correct Ans Is: - Misdemeanor Which Of The Following Is Not Eligible For The Office Of Notary Public? A. Commissioner Of Elections B. Sheriff

C. Member Of The Legislature D. Inspector Of Elections [Correct Ans Is: - Sheriff Fee For An Oath Or Affirmation- A. $ B. $ C. $ D. $ [Correct Ans Is: - $ The Signature And Seal Of A County Clerk Upon A Certificate Of Official Character Of A Notary Public May Be:

1. Facsimile 2. Printed 3. Stamped 4. Photographed Or Engraved Thereon A. 1,2,3 Are Correct B. 2 And 3 Are Correct C. 1,2,3 And 4 Are Correct D. Only 3 Is Correct [Correct Ans Is: - 1,2,3 And 4 Are Correct Which Of The Following Statements Is Not Correct? A NYS Notary Public Is: A. Authorized To Administer Oaths And Affirmations B. Not Authorized To Administer An Oath To Himself C. Not Authorized To Administer Oaths And Affirmations D. Authorized To Receive And Certify Acknowledgments [Correct Ans Is: - Not Authorized To Administer Oaths And Affirmations A Notary Public Who Is An Attorney At Law Admitted To Practice In NYS May:

1. Administer An Oath Or Affirmation To His Client
2. Take The Affidavit Or Acknowledgment To His Client A. 1 And 2 Are Not Correct B. Only 1 Is Correct C. Only 2 Is Correct D. 1 And 2 Are Correct [Correct Ans Is: - 1 And 2 Are Correct A Person Who Holds Himself Out To Be A Notary Public But Is Not, Or A Notary Public Who Commits Fraud Or Deceit In The Performance Of His Duties, Is Guilty Of- A. A Petty Offense B. A Misdemeanor C. A Felony D. None Of The Above [Correct Ans Is: - A Misdemeanor The Term "Conveyance" Includes Written Instruments By Which Any Estate Or Interest In - Property Is Created, Transferred, Mortgaged Or Assigned. 1.Personal
3. Real A. 1 Is Correct B. 2 Is Correct C. Neither 1 Nor 2 Is Correct D. Both 1 And 2 Are Correct [Correct Ans Is: - 2 Is Correct An Office Authorized To Take The Acknowledgment Or Proof Of A Conveyance Who Is Guilty Of Fraudulent Practice Or Malfeasance In The Execution Of Any Duty Prescribed By Law In Relation To It Is-

A. Guilty Of A Petty Offense B. Liable For A Statutory Fine Of $150. C. Liable In Damages To The Person Injured D. None Of The Above [Correct Ans Is: - Liable In Damages To The Person Injured When The Lessor (Bank) Of A Safe Deposit Box Opens The Safe Deposit Box In Front Of A Notary Public (Pursuant To Banking Law 335), The Notary Shall File With The Lessor A Certificate Under Seal Which Contains:

1. The Date Of The Opening Of The Safe Deposit Box 2. The Name Of The Lessee 3. A List (Inventory) Of The Contents A. 1 Only B. 1 And 2 Only C. 1, 2 And 3 D. 3 Only [Correct Ans Is: - 1, 2 And 3 Are Correct The Rule Which Authorizes A Deposition To Be Taken Before A Notary Public In A Civil Proceeding Is Found In: A. Criminal Procedure Law B. NYS Administrative Code C. Family Court Act D. Civil Practice Law And Rules [Correct Ans Is: - Civil Practice Law And Rules
2. Which Of The Following Statements Is Correct? A. A Notary Public May In Certain Situations Practice Law B. A Notary Public May Prepare A Will C. A Notary Public Shall Not Practice Law D. None Of The Above [Correct Ans Is: - A Notary Public Shall Not Practice Law

A Notary Public Subjects Himself To The Following For Asking Or Receiving More Than The Statutory Allowance For Administering An Oath In Connection With An Affidavit.

1. Criminal Prosecution 2. Civil Lawsuit 3. Removal From Office A. 3 Only B. 1 And 3 Only C. 1,2 And 3 D. 2 Only [Correct Ans Is: - 1, 2 And 3 A Sentence Of Imprisonment For A Class "A" Misdemeanor Is A Definite Sentence Which Shall Not Exceed A. 6 Months B. 1 Yr C. 3 YRS D. 7 YRS [Correct Ans Is: - 1 Year A Person Appointed By The Court To Manage The Estate Of A Dead Person Who Died W/O A Will Or Who Did Not Name Such A Person In The Will Is - A. An Executor B. A Plaintiff C. An Administrator D. A Deponent [Correct Ans Is: - An Administrator A Person Who Signs His Signature On An Affidavit Is Called- A. The Plaintiff B. The Legatee C. The Executor D. The Affiant [Correct Ans Is: - Affiant

If A Person Declines To Take An Oath Because Of Religious Reasons, He May Make- A. Codicil B. Affirmation C. Contract D. Lien [Correct Ans Is: - Affirmation "Sworn To Before Me This - Day Of - , 2010" Is Referred To As: A. Lien B. Contract C. Jurat D. Codicil [Correct Ans Is: - Jurat Something That Has Value And Is Given To Induce Someone To Enter Into A Contract Is Called A. Real Property B. Chattel C. Will D. Consideration [Correct Ans Is: - Consideration A Person Who Starts A Civil Lawsuit Is Called A. Antagonist B. Defendant C. Appellant D. Plaintiff [Correct Ans Is: - Plaintiff The Law Which Specifies The Time During Which A Civil Action Or Criminal Prosecution Must Be Started Is Called- A. The Statute Of Frauds

B. The Law Of Venue C. The Statute Of Limitations D. None Of The Above [Correct Ans Is: - The Statute Of Limitations The Geographical Place Where An Affidavit Is Taken By A Notary Or Commissioner Of Deeds Is Called The - A. Locale B. Town C. Venue D. Venison [Correct Ans Is: - Venue The Total Commission Fee For The Appointment Of A Notary Public Is- A. $2 0 B. $ C. $ D. None Of The Above [Correct Ans Is: - $ The Fee For Swearing In A Witness Is A. $. B. $ C. $2. D. $ [Correct Ans Is: - $ The County Clerk Fee For Issuance Of Certificate Of Official Character Is - A. $ B. $ C. $ D. None Of The Above

[Correct Ans Is: - $ The Fee For An Authentication Certificate Is- A. $ B. $ C. $ D. $ [Correct Ans Is: - $ A Newly Commissioned Notary Public Has An Office Next To That Of A Law Firm. The Notary Public May: A. Advertise That He Gives Legal Advice B. Agree To Divide The Fees With The Law Firm C. Give Legal Advice D. None Of The Above [Correct Ans Is: - None Of The Above The Secretary Of State Is Not Authorized To Issue A Duplicate Notary Public I.D. Card A. To Replace A Destroyed Card B. To Replace A Damaged Card C. To Replace A Lost Card D. To Be Kept As A Spare I.D. Card [Correct Ans Is: - To Be Kept As A Spare I.D. Card Not Correct: If A Notary Public Is Removed From Office- A. He Is Thereafter Not Eligible To Be Appointed A Notary Public B. He Is Not Authorized To Administer Oaths C. He Is Guilty Of A Felony If He Continues To Act As A Notary Public D. He Cannot Sign Or Execute Any Instrument As A Notary Public [Correct Ans Is: - He Is Guilty Of A Felony If He Continues To Act As A Notary Public

34. Which Of The Following Three Defects Would Render An Official Certificate By A Notary Public Invalid? 1. The Term Of The Notary Was Expired At The Time Of Issuing The Notarial Certificate.2. The Name Of The Notary Is Misspelled On His Identification Card. 3. The Notary Failed To File His Official Oath. A. 1 B. 2 C. 3 D. None. These Defects Do Not Render The Certificate Invalid [Correct Ans Is: - None. These Defects Do Not Render The Certificate Invalid . A Notary Public Who Is Guilty Of Malfeasance Or Fraudulent Practice In The Execution Of A Duty Prescribed By Law Is: A. Liable For A Fine Of $100 B. Liable For A Fine Of $500 C. Liable For A Fine Of $1500 D. Liable In Damages To The Person Injured [Correct Ans Is: - Liable In Damages To The Person Injured A Law Enacted By The New York State Legislature Is Called: A. Codicil B. Seal C. Attestation D. Statute [Correct Ans Is: - Statute Administrator [Correct Ans Is: - A Person Appointed By The Court To Manage The Estate Of A Deceased Person Who Left No Will. Affiant [Correct Ans Is: - The Person Who Makes And Subscribes His Signature To An Affidavit. Affidavit [Correct Ans Is: - A Signed Statement, Duly Sworn To, By The Maker Thereof, Before A Notary Public Or Other Officer Authorized To Administer Oaths. The Venue Or County Wherein It Was Sworn To Should Be Accurately Stated. [More.] Affirmation [Correct Ans Is: - A Solemn Declaration Made By Persons Who Conscientiously Decline Taking An Oath; It Is Equivalent To An Oath And Is Just As Binding; If A Person Has Religious Or Conscientious Scruples Against Taking An Oath, The Notary Public Should Have The Person Affirm. [More...]

Apostile [Correct Ans Is: - Department Of State Authentication Attached To A Notarized And County-Certified Document For Possible International Use. Attest [Correct Ans Is: - 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 Ans Is: - The Clause (E.G., At The End Of A Will) Wherein The Witness Certify That The Instrument Has Been Executed Before Them, And The Manner Of The Execution Of The Same. Authentication (Notarial) [Correct Ans Is: - 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 Ans Is: - A Written Instrument Given To Pass Title Of Personal Property From Vendor To Vendee. Certified Copy [Correct Ans Is: - 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. Notaries Must Not Certify To The Authenticity Of Legal Documents And Other Papers Required To Be Filed With Foreign Consular Officers. Within This Prohibition Are Certificated Of The Following Type: United States Of America, State Of New York, County Of New York: [More...] Chattel [Correct Ans Is: - Personal Property, Such As Household Goods Or Fixtures. Chattel Paper [Correct Ans Is: - 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 Ans Is: - An Instrument Made Subsequent To A Will And Modifying It In Some Respect. Consideration [Correct Ans Is: - 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 Ans Is: - Behavior Disrespectful Of The Authority Of A Court Which Disrupts The Execution Of Court Orders. Contract [Correct Ans Is: - 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 Possess. Conveyance (Deed) [Correct Ans Is: - Every Instrument, In Writing, Except A Will, By Which Any Estate Or Interest In Real Property Is Created, Transferred, Assigned Or Surrendered. County Clerk's Certificate [Correct Ans Is: - See "Authentication (Notarial)." Deponent [Correct Ans Is: - One Who Makes Oath To A Written Statement. Technically, A Person Subscribing A Deposition But Used Interchangeably With "Affiant." Deposition [Correct Ans Is: - 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 Ans Is: - Unlawful Constraint Exercised Upon A Person Whereby He Is Forced To Do Some Act Against His Will. Escrow [Correct Ans Is: - The Placing Of An Instrument In The Hands Of A Person As A Depository Who On The Happing Of A Designated Event, Is To Deliver The Instrument To A Third Person. This Agreement, Once Established, Should Be Unalterable. Executor [Correct Ans Is: - One Named In A Will To Carry Out The Provisions Of The Will. Ex Parte (From One Side Only) [Correct Ans Is: - A Hearing Or Examination In The Presence Of, Or On Papers Filed By, One Party And In The Absence Of The Other.

Felony [Correct Ans Is: - A Crime Punishable By Death Or Imprisonment In A State Prison. Guardian [Correct Ans Is: - A Person In Charge Of A Minor's Person Or Property. Judgment [Correct Ans Is: - Decree Of A Court Declaring That One Individual Is Indebted To Another And Fixing The Amount Of Such Indebtness. Jurat [Correct Ans Is: - 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. The Following Is The Form Of Jurat Gerally Employed: "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 Ans Is: - The Delay Or Negligence In Asserting One's Legal Right. Lease [Correct Ans Is: - 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 Ans Is: - A Legal Right Or Claim Upon A Specific Property Which Attaches To The Property Until A Debt Is Satisfied. Litigation [Correct Ans Is: - The Act Of Carrying On A Lawsuit. Misdemeanor [Correct Ans Is: - Any Crime Other Than A Felony Mortgage On Real Property [Correct Ans Is: - 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 Ans Is: - 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. The Notary's General Authority Is Defined In €135 Of The Executive Law; The

Notary Has Certain Other Powers Which Can Be Found In The Various Provisions Of Law Set Forth Earlier In This Publication. Oath [Correct Ans Is: - 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. Notaries Public Must Administer Oaths And Affirmations In Manner And Form As Prescribed By The Civil Practice Law And Rules, Namely: [...] For An Oath Or Affirmation To Be Valid, Whatever Form Is Adopted, It Is Necessary That: 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; And, Lastly, That The Person Conscientiously Takes Upon Himself The Obligation Of An Oath. Plaintiff [Correct Ans Is: - A Person Who Starts A Suit Or Brings An Action Against Another. Power Of Attorney [Correct Ans Is: - A Written Statement By An Individual Giving Another Person The Power To Act For Him. Proof [Correct Ans Is: - The Formal Declaration Made By A Subscribing Witness To The Execution Of An Instrument Setting Forth His Place Or Residence, That He Knew The Person Described In And Who Executed The Instrument And That He Saw Such Person Execute Such Instrument. Protest [Correct Ans Is: - 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 Ans Is: - The Laws Of The State Of New York Do Not Require The Use Of This By Notaries Public. If It 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 [Correct Ans Is: - A Notary Public Must Sign The Name Under Which He Was Appointed And No Other. In Addition To His Signature And Venue, The Notary Public Shall Print, Typewrite Or Stamp Beneath His Signature In Black In, His Hame, The Words "Notary Public State Of New York," The Name Of The County In Which He Is Qualified, And The Date Upon Which His Commission

Expires (€137, Executive Law). When A Woman Notary Marries During The Term Of The Office For Which She Was Appointed, She May Continue To Use Her Maiden Name As Notary Public. However, Is She Elects To Use Her Marriage Name, Then For The Balance Of Her Term As A Notary Public She Must Continue To Use Her Maiden Name In Her Signature And Seal When Acting In Her Notarial Capacity, Adding After Her Signature Her Married Name, In Parentheses. When Renewing Her Commission As A Notary Public, She May Apply Under Her Married Name Or Her Maiden Name. She Must Then Perform All Her Notarial Functions Under The Name Selected. A Member Of A Religious Order, Known Therein By A Name Other Than His Secular Cognomen, May Be Appointed And May Officiate As A Notary Public Under The Name By Which He Is Known In Religious Circlese. (Op. Atty. Gen.,Mar. 20, 1930.) Statute [Correct Ans Is: - A Law Established By An Act Of The Legislature. Statute Of Frauds [Correct Ans Is: - 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 Ans Is: - A Law That Limits The Time Within Which A Criminal Prosecution Or A Civil Action Must Be Started. Subordination Clause [Correct Ans Is: - A Clause Which Permits The Placing Of A Mortgage At A Later Date Which Takes Priority Over An Existing Mortgage. Sunday [Correct Ans Is: - A Notary Public May Administer An Oath Or Take An Affidavit Or Acknowledgment Of Sunday. However, A Deposition Cannot Be Taken On Sunday In A Civil Proceeding. Swear [Correct Ans Is: - This Term Includes Every Mode Authorized By Law For Administering An Oath. Taking An Acknowledgment [Correct Ans Is: - The Act Of The Person Named In An Instrument Telling The Notary Public That He Is The Person Name 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. The Notary Public "Certifies To The Taking Of The Acknowledgment" When The Notary Signs His Official Signature To The Form Setting Forth The Face Of The Taking Of The Acknowledgment. Venue [Correct Ans Is: - 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. The Venue Is Usually Set Forth At The Beginning Of The Instrument Or At The Top Of The Notary's Jurat, Or Official Certification, As Follows: "State Of New York, County Of (New York) Ss.:".Section 137 Of The Executive Law Imposes The Duty Of The Notary Public To Include The Venue Of His Act In All Certificates Of Acknowledgments Or Jurats To Affidavits. Will [Correct Ans Is: - The Disposition Of One's Property To Take Effect After Death. Schedule Of Fees (Appointment As Notary Public)—Total Commission Fee [Correct Ans Is: - $60.00 ($40 Appointment And $20 Filing Of Oath Of Office) Notaries Public Are Commissioned By _____________ [Correct Ans Is: - The Secretary Of State A/An _________ May Be Appointed A Notary Public Without An Examination [Correct Ans Is: - An Attorney Admitted To Practice In New York State (Bonus Point: Also Exempt Are Officially Appointed Court Clerks In The Ny State Court System) True/False: Non-Residents Of New York State Who Have Offices Or Places Of Business In The State May Also Become Notaries. [Correct Ans Is: - True. An Office Or Place Of Business Is Sufficient. Notary Public (The Full Definition, As Laid Out In Ny State Law.) [Correct Ans Is: - A Public Officer Who Executes Acknowledgements 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. Laches [Correct Ans Is: - The Delay Or Negligence In Asserting One's Legal Rights.

The (1)_________ And (2)__________ Of The Notary Must Be Filed In The Office Of The County Clerk Of The County Where The Notary Is Located, Or Has Office Or Place Of Business [Correct Ans Is: - 1) Oath Of Office, 2) Signature Affiant [Correct Ans Is: - The Person Who Makes And Subscribes Their Signature To An Affidavit. (Hint: The Term 'Affiant' May Be Used Interchangeably With The Word Deponent... Remember This.) Extra Credit, From Ny State Law. Fill In The Blank: "Use Of The Office Of Notary In Other Than The ___________ Procedure Required Is Viewed As A Serious Offense." [Correct Ans Is: - "Specific, Step-By-Step" True/False: A Notary Public Is Allowed To Administer An Oath To Herself Or Himself Under Certain Circumstances (By A Requesting Judge In A Civil Trial, Or At The Request Of The Secretary Of State) [Correct Ans Is: - False. A Notary Public Can Never Administer An Oath To Themselves. True/False: A Jurat Is Not The Affidavit. [Correct Ans Is: - True. The Jurat Is The Specific Part Of The Document Where The Notary Public Certifies That The Document Was Sworn To Before Her Or Him In Person. The Key Words Here Are: Sworn And In Person. Guardian [Correct Ans Is: - A Person In Charge Of A Minor's Person Or Property. Bonus: (From NYS Notary License Law)

"Equally Unacceptable To The Secretary Of State Is The __________ Administration Of Oaths." [Correct Ans Is: - "Slipshod" The Simplest Form In Which An Oath May Be Administered: "________________________?" [Correct Ans Is: - "Do You Solemnly Swear That The Contents Of This Affidavit Subscribed By You Is Correct And True?" A/An ______________ May Be Used For Persons Who Conscientiously Decline Taking An Oath. [Correct Ans Is: - An Affirmation Escrow [Correct Ans Is: - 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. (Often An Attorney, But Not Always) As Best You Can, Name The Activities (Involving The Practice Of Law) That Are Prohibited By A Notary Public. May Not _______ May Not ______ Etc. (How Many Are Listed?) [Correct Ans Is: - Four Things Listed:

1. May Not Give Advice On The Law
2. May Not Ask For And Get Legal Business To Send To A Lawyer
3. May Not Divide Or Agree To Divide Their Fees With A Lawyer
4. May Not Advertise Or Circulate In Any Manner That They Have Powers Or Rights Not Granted By Law What Document Is A Notary Never To Acknowledge? [Correct Ans Is: - A Will What Is New York County Also Known As? [Correct Ans Is: - Manhattan.

True/False: The Secretary Of State Must Have Notaries Commissioned In Every County, And No More Notaries Per County Than Are Residents Of That County. [Correct Ans Is: - False. Unlimited Number. There Is No Restriction To The Number Of Notaries The Secretary Of State Can Appoint. How Long Is The Term Of A Notary Public? [Correct Ans Is: - 4 Years True/False: A Notary Public For New York Must Have Their Primary Residence In New York [Correct Ans Is: - False. An Office Or Place Of Business Is Enough. Many People Live In Nj Or Ct And Commute To Work In Manhattan, For Example. They Still Qualify Because Their Workplace Is In Ny State. True/False: A Notary Public Must Be A United States Citizen, Or An Illegal Alien With Court Appointed Guardian. [Correct Ans Is: - False. No Illegal Aliens. What Is Kings County Also Known As? [Correct Ans Is: - Brooklyn.

1. What Are The Qualifying Requirements For Notary Public Applicant By The Secretary Of State? 2) How Many Requirements Are There? Must Have ______ Must Be _____ Have ________ Etc ... [Correct Ans Is: - There Are 3 Qualifying Requirements. 1: Applicant Must Have Good Moral Character 2: Common School Education (Or Equivalent)

3. Must Be Familiar With Duties And Responsibilities Of A Np

Note That The Law Does Not Require A Hs Diploma Or College Degree. The Law Simply Says 'Common School Education'. Ex Parte [Correct Ans Is: - (Latin, Means "From One Side Only".) A Hearing Or Examination In The Presence Of, Or On Papers Filed By, One Party And In The Absence Of The Other. Define An "Administator" (In Notary Public Terms) [Correct Ans Is: - A Person Appointed By A Court To Manage The Estate Of A Deceased Person Who Left No Will Plaintiff [Correct Ans Is: - A Person Who Starts A Suit Or Brings An Action Against Another. True/False: Official Character Cards Are Issued By The Secretary Of State And Are Filed With A County Clerk. [Correct Ans Is: - False. County Clerks Issue Official Character Cards (To Be Filed With Other County Clerks). Within What Period Of Time After The Expiration Of Their Term Must A Np Reapply To Avoid Having To Re-Qualify? [Correct Ans Is: - 6 Months Define An "Acknowledgement" (In Notary Public Terms) [Correct Ans Is: - A Formal Declaration By A Person Executing A Document That Such Execution Is Their Own Act And Deed. Under What Circumstance Is The Renewal Period For The Expiration Of A Notary Public Term Extended? What Is The Period Of Extension? Restrictions? [Correct Ans Is: - Those Notaries Who Became Enlisted In The Military Are Given 1 Year To Reapply After The End Of Their Term After Leaving The Military. It Must Be An Honorable Discharge, However.

Statute Of Limitations [Correct Ans Is: - A Law That Limits The Time Within Which A Criminal Prosecution Or A Civil Action Must Be Started. True/False: The Np Serves At The Discretion Of The Secretary Of State (Sos), And May Be Immediately Suspended Or Removed By The Sos For Any Misconduct [Correct Ans Is: - False. Not Immediately. The Notary Public (Charged With Misconduct) Must Be Given A Copy Of The Charges And Have An Opportunity Of "Being Heard", As Per State Law.

1. What Are The Convictions (Other Than A Felony) Which Disqualify A Notary Public From Taking Office? 2) How Many Of These Are Listed? [Correct Ans Is: - There Are 7 Disqualifications (Other Than A Felony). They Are:

• Illegal Weapons. Illegally Using/Carrying/Possessing A Pistol Or Dangerous Weapon
• Making Or Possessing Burglar's Instruments
• Buying/Receiving/Possessing Stolen Property
• Unlawful Entry Of A Building
• Aiding Escape From Prison
• Possessing Or Distributing Habit-Forming Narcotic Drugs
• Vagrancy Or Prostitution Are There Any Exceptions To The Disqualifications (Misdemeanors/Felonies) That Allow A Np To Take Office? [Correct Ans Is: - Yes. An Executive Pardon, A Certificate Of Relief From Disabilities, Or A Certificate Of Good Conduct. True/False: An Attorney Who Is A Notary Public Who Moves Out Of Ny State, But Who Keeps An Office In Ny State, Is Not Deemed A Resident Of That County Where She Or He Is A

Notary Public, But They Are Still Allowed To Keep Their Notary Public License. [Correct Ans Is: - Trick Question. False. As Per State Notary Law They Are Still Deemed A Resident Of Their Ny County Just By Keeping An Office Or Place Of Business In That County. (Don't Complain About Trick Questions, The Exam Will Definitely Have A Few...) True/False: A Person Convicted Of Assault Or Illegally Carrying A Weapon Is Disqualified From Being A Notary Public [Correct Ans Is: - False. Assault Is Not Listed As A Disqualification. Carrying An Illegal Weapon, Yes. Check Other Question Card(S) Or Study The NYS License Law Document For The Full List... Lease [Correct Ans Is: - A Contract Whereby, For A Consideration, Usually Termed Rent, One Who Is Entitled To The Possession Of A Real Property Transfers Such Right To Another For Life, For A Term Of Years, Or At Will. When Applying To Be A Notary Public, What Thing(S) Other Than Fees Must Be Submitted To The Secretary Of State Along With The Application? [Correct Ans Is: -

1. The Oath Of Office (Itself Notarized)
2. Official Signature Of The New Np True/False: Under Ny State Law, Ny State Notaries Are Allowed To Notarize Documents In New Jersey If The Person(S) Signing The Document Can Prove A Physical Residence In New York State (With Id, Etc). [Correct Ans Is: - False. Ny State Notaries Can Only Notarize Documents In The Geographical Boundaries Of Ny State. No Exceptions. To Whom Do You Apply To Be A Notary Public? And How Much Is The Fee? [Correct Ans Is: - The Secretary Of State. $60.

True/False: All Notary Publics When Appointed Will Receive An Official Notary Public Stamp And Id Card. [Correct Ans Is: - False. You Only Get A (Paper) Id Card. Go Buy The Rubber Stamp Yourself. Codicil [Correct Ans Is: - An Instrument Made Subsequent To A Will And Modifying It In Some Respects. True/False: A Notary Public Who Moves Out Of State But Maintains An Office Or Place Of Business In The State Does Not Vacate Their Office As A Notary Public. [Correct Ans Is: - True. But Once They Cease To Live In The State (Or Have An Office Or Place Of Business), Their Office As Notary Public Is Vacated. True/False: A Person Convicted Of Unlawful Entry Into A Building Can Be Disqualified From Being A Notary Public [Correct Ans Is: - True. In Terms Of Record Keeping, The Law States: The (1) _____________ Shall Make A Proper Index Of (2) ____________ And (3) ____________ Transmitted To That Office By The Secretary Of State. [Correct Ans Is: -

1. County Clerk
2. (Notary Public) Commissions
3. Official Signatures [For Answer #1? Read The Whole Statement Through... The Only Possible Answer Was The County Clerk.]

True/False: Taking Acknowledgements And Affidavits Over The Telephone Can Be Legal In Certain Circumstances As Long As It Is Formalized In Writing Soon After. [Correct Ans Is: - False. Nothing Can Be Notarized Over The Telephone, Under Any Circumstances. The (1) _____________ Shall Receive A Non-Refundable Application Fee Of (2)_______ From Each Applicant For Reappointment. [Correct Ans Is: - 1) County Clerk. Note The Word Reappointment Here. The Original Application To Be A Notary Public Goes To The Secretary Of State, But Subsequent Renewals Go To The County Clerk Where The Notary Public Is Registered. This Is A Very Important Distinction To Remember. Every 4 Years You Renew With Your Particular County Clerk, Not The Dept. Of State.

2. $60 True/False: The Name And Address Of A Notary Public May Be Changed During The Time Of Their Commission As Well As At Reapplication/Renewal. [Correct Ans Is: - True. There Is A $10 Fee To Change A Name Or Address Mid-Term, But There Is No Additional Charge If Done At The Same Time As The Regular Renewal Process. (The $60 Renewal Fee Covers Any Name Or Address Changes. Just Make Any Needed Changes On The Renewal Form.) Instead Of An Oath, This Affirmation Is Legally Equivalent To An Oath And Just As Binding: "__________________?" [Correct Ans Is: - "Do You Solemnly, Sincerely And Truly Declare And Affirm That The Statements Made By You Are True And Correct?" Duress [Correct Ans Is: - Unlawful Constraint Exercised Upon A Person Whereby He Is Forced To Do Some Act Against His Will. True/False: