New York State Notary Public License Exam 2024, Exams of Nursing

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NEW YORK STATE NOTARY PUBLIC

LICENSE EXAM 2024

Notaries public are commissioned by _____________ - Precise Answer ✔✔The Secretary of State A/An _________ may be appointed a notary public without an examination - Precise Answer ✔✔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. - Precise Answer ✔✔True. An office or place of business is sufficient. Notary Public (The full definition, as laid out in NY state law.) - Precise Answer ✔✔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 - Precise Answer ✔✔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 - Precise Answer ✔✔1) oath of office, 2) signature Affiant - Precise Answer ✔✔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." - Precise Answer ✔✔"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) - Precise Answer ✔✔False. A notary public can never administer an oath to themselves. True/False:

A jurat is not the affidavit. - Precise Answer ✔✔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 - Precise Answer ✔✔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." - Precise Answer ✔✔"slipshod" The simplest form in which an oath may be administered: "________________________?" - Precise Answer ✔✔"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. - Precise Answer ✔✔An affirmation Escrow - Precise 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. (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?) - Precise Answer ✔✔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? - Precise Answer ✔✔A will What is New York County also known as? - Precise Answer ✔✔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. - Precise Answer ✔✔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? - Precise Answer ✔✔4 years True/False: A notary public for New York must have their primary residence in New York - Precise Answer ✔✔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. - Precise Answer ✔✔False. No illegal aliens. What is Kings County also known as? - Precise Answer ✔✔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 ... - Precise Answer ✔✔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 - Precise Answer ✔✔(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) - Precise Answer ✔✔A person appointed by a court to manage the estate of a deceased person who left no will Plaintiff - Precise Answer ✔✔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. - Precise Answer ✔✔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? - Precise Answer ✔✔6 months

Define an "acknowledgement" (in notary public terms) - Precise Answer ✔✔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? - Precise Answer ✔✔Those notaries who became enlisted in the military are given * year* to reapply after the end of their term after leaving the military. It must be an honorable discharge, however. Statute of Limitations - Precise Answer ✔✔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 - Precise Answer ✔✔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? - Precise Answer ✔✔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? - Precise Answer ✔✔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. - Precise Answer ✔✔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 - Precise Answer ✔✔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 - Precise Answer ✔✔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? - Precise Answer ✔✔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). - Precise Answer ✔✔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? - Precise Answer ✔✔The Secretary of State. $60.

True/False: All notary publics when appointed will receive an official notary public stamp and ID card. - Precise Answer ✔✔False. You only get a (paper) ID card. Go buy the rubber stamp yourself. Codicil - Precise Answer ✔✔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. - Precise Answer ✔✔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 - Precise Answer ✔✔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. - Precise Answer ✔✔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. - Precise Answer ✔✔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. - Precise Answer ✔✔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.
4. $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. - Precise Answer ✔✔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 $ 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: "__________________?" - Precise Answer ✔✔"Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?" Duress - Precise Answer ✔✔Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. True/False: A lost, stolen, or damaged card can be replaced. It must bear the word "UNOFFICIAL COPY" across the face of it. - Precise Answer ✔✔False. Cards can be replaced for a $10 fee, but it will have the word DUPLICATE across the face of it. PS: Don't think you won't get tricky questions like this on the exam. And btw, a duplicate is a lot better than an unofficial copy...

Do your best and define "Taking an Acknowledgement" in notary public terms... (This is the full definition as given in NY State law) - Precise Answer ✔✔The act of the person named in an instrument telling the notary public that she or he is the person named in the instrument and acknowledging that she or he executed such instrument. (Also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgement is taken.) The notary public "certifies to the taking of an acknowledgement" when the notary signs her or his official signature to the form setting forth the fact of the taking of the acknowledgement. Deposition (The full legal definition, according to the Dept. of State) - Precise 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.

1. What is the document called that certifies the commission of a notary public in another county? 2) How much does a county clerk charge to receive and file such a card in their records? - Precise Answer ✔✔1) Certificate of Official Character.
2. $10 filing fee. (Remember this specific dollar amount for the exam. Actually... study carefully and remember all the fees listed in the Notary License law PDF file from the Dept. of State) Quiz:

As a notary, you are qualified in New York County. When writing out your check to pay for your notary renewal, you will make the check payable to: a) New York County Department of State b) New York County Clerk c) New York Department of State d) New York State Division of Licensing e) It is not possible to be qualified in New York County - Precise Answer ✔✔b) The New York County Clerk Fill in the blank: "An instrument with such certificate of authentication of the county clerk affixed thereto shall be entitled to ___________" (Hint: this is why a notarized document is valuable) - Precise Answer ✔✔to be read in evidence (in a court, etc) True/False: A person once removed from office as a notary public can be reapply only after a period of seven years and a new exam and application. - Precise Answer ✔✔False. They are never eligible again.

To sign or execute any instrument as a notary public after the removal from office as a notary public is a _________ crime - Precise Answer ✔✔Misdemeanor. (Important - remember the specific criminal level of each type of notary public misbehavior/crime.) Fill in the blank: "A commissioner of __________ or inspector of ________ is eligible for the office of notary public." (hint: it's the same word twice) - Precise Answer ✔✔Elections. Commissioners and inspectors of elections can be notaries public. How many counties are there in New York state? a) 16 b) 60 c) 12 d) 62 e) 14 - Precise Answer ✔✔D. 62 counties Oath (The full definition as given in NY State law) - Precise Answer ✔✔A verbal pledge given by the person taking it that her or his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false.

Quiz: An 'official character card' allows you to: a) notarize documents in another county b) notarize and take oaths in another county c) allow you to notarize documents outside the state of NY d) only establishes 'good moral character' for use in courtrooms e) have your signature on file in another county - Precise Answer ✔✔e) an official character card keeps your signature on file in another county True/False: When a notary public marries and changes their name, they must continue to use the name on their first/original commission for all notarizations, but upon renewal they are allowed to choose one name or use both, adding their new married name in parentheses. - Precise Answer ✔✔False. Wrong on both counts, actually. If a notary changes their name mid-term, they can add their new name (in parenthesis) immediately. Upon renewal after their 4 year term is over they can use either name, whichever they choose, but not both. They have to pick one. What is the crucial difference between an 'acknowledgement' and a 'jurat' in notarizing documents? - Precise Answer ✔✔In a jurat, the affiant (signer) takes an oath before signing the document.

Fill in the blank: (This is a special addendum added to the disqualifications list in notary license law.) "No person is eligible for the office of a notary public who has been convicted of a violation of (1) ___________, or the (2) ________________." - Precise Answer ✔✔1) selective draft

2. federal selective training and service act True/False: Each county clerk must designate at least one free notary public among their staff to be available during a clearly designated and published day (or days) of the week. - Precise Answer ✔✔False. Trick question. A county clerk must designate at least one person from their staff to act as a notary public, free of charge, and the notary must be available during all normal business hours. (Not a selected day or days. The law states 'all normal business hours'.) True/False: The privileges and rights of a notary public are personal and cannot be delegated to anyone except a direct supervisor. - Precise Answer ✔✔False. It cannot be delegated to anyone.

[In American English] what is the plural form of notary public? __________________________ - Precise Answer ✔✔notaries public (Similar to 'attorneys general', 'surgeons general', etc. Compound noun plural possessive...) Lien - Precise Answer ✔✔A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. In what specific case is a notary public always disqualified in notarizing any document? - Precise Answer ✔✔If they have an interest in the case. (They are a party to any money, property, or mortgage involved, or are a trustee.) If the notary public is financially or beneficially interested in the conveyance or instrument, that document becomes a 'nullity' with no legal effect. Executor - Precise Answer ✔✔One named in a will to cary out the provisions of the will. In New York State, what is an official title similar to that of a Notary Public (often obtained by legal staff)? - Precise Answer ✔✔Commissioner of Deeds Consideration - Precise Answer ✔✔Anything of value given to induce entering into a contract. It may be money, personal services, or even love and affection. (Yes, that means sex as well.) Quiz:

Two New York county notaries live in Tribeca, and work together in the same office in Harlem. One notary moves to an apartment in Hoboken, and the other to an apartment in Long Island City. They still work in the same office together, but which one gets to keep their New York county license? - Precise Answer ✔✔The notary who moved to Hoboken. As per state law, a notary must be registered in the New York county of their personal residence. The only exception is when a notary moves outside NY state... in this case they can keep a notary license in the New York county where their office is located. Hoboken is in New Jersey, so this notary gets to keep their notary license registered in New York county where they have their place of business. Long Island City is in Queens, so this notary has to register with the Queens county clerk from now on, even if their place of business is still in Manhattan. It doesn't matter anymore. Once you live in a different NY county, that is where you must register your notary license. True/False: The official signature of a county clerk on a certificate of authentication of a notary public may be a facsimile (printed or stamped, photographed etc). - Precise Answer ✔✔True. (This applies to the county clerk herself/himself, not notaries public.)

Power of Attorney - Precise Answer ✔✔A written statement by an individual giving another person the power to act for her or him. True/False: As a New York state notary, your signature can now be verified/authenticated in any county within the State. - Precise Answer ✔✔False. Your official signature is kept on file in the county in which you live and first registered in. If you want to have a signature kept on file in other counties, you have to file an 'Official Character Card' in those counties as well. True/False: A notary public can notarize documents of other countries and nations. - Precise Answer ✔✔True. "... the laws of any other government or country may be exercised and perfomed by notaries public, provided that when exercising such powers s/he shall set forth the name of such other jurisdiction." (see NYS notary license law document, and note exception with documents for foreign consular offices) Bill of Sale - Precise Answer ✔✔A written instrument given to pass title of personal property from vendor to vendee True/False:

The Secretary of State may discipline a notary public for misconduct, but they cannot be held liable for monetary damages. - Precise Answer ✔✔False. The NP may be disciplined, and the notary public guilty of misconduct is liable to the parties injured for all damages sustained by them. Will - Precise Answer ✔✔The disposition of one's property to take effect after death. How much can a NP charge to notarize (1) a formal protest (for nonpayment)? And how much for (2) each subsequent notice? (3) What is the limit of notices that can be sent? - Precise Answer ✔✔(1) 75 cents. (2) 10 cents. (3) Five notices maximum. (These 'protests' are rarely issued these days, but you still need to remember it for the exam. Remember the specific details above.) True/False: The punishment for acting as a notary public while not being appointed one (aka fraud) is a class E felony. - Precise Answer ✔✔False. It's a misdemeanor Study the 3 F's in notary public crime: Fraudulent certificates (misdemeanor) False certificates (felony) Forged certificates (felony)

Conveyance (Deed) - Precise Answer ✔✔Every instrument, in writing, except a will, by which an estate or interest in real property is created, transferred, assigned or surrendered. True/False: A notary public who is not an attorney admitted to practice in NY may not advertise legal advice, or give legal advice, unless posted clearly that they are not an attorney. - Precise Answer ✔✔False. Even if posted that they are not an attorney, a NP still may not give legal advice on any matter (unless actually a practising attorney who has passed the bar and is in good standing). The civil penalty (maximum) for a NP advertising or implying that they can give legal advice is $________________ - Precise Answer ✔✔$1,000 How much can a NP charge for administering an oath of office or affirmation to a public official? - Precise Answer ✔✔Zero. No fee can be charged for these specific services. Note that it says public official. These people are protected from fees, and their oaths must be notarized free of charge. To take and certify the proof of execution of each additional person on a document, the notary public may charge a maximum of $_______ - Precise Answer ✔✔Still $2. It's $2 for first person, and $2 for each additional person.

True/False: A notary public can issue certified copies of documents signed by them and within their county of residence. - Precise Answer ✔✔False. Never acceptable. A 'certified copy' is issued only by the legal custodian of the original document. This is usually a court, a government agency, etc. Venue - Precise Answer ✔✔The geographical location where a notary public takes an affidavit or acknowledgement. This is very important. Every affidavit or certificate of acknowledgement should show on its face the venue of the notarial act. For example: "State of New York, County of Queens"... or "State of New York, County of Richmond" etc. Look on the top of any court document and you will see a venue clearly stated. It is also often found near the acknowledgment section near the signatures. [Pro tip: this is the one of the biggest mistakes notaries public make... not clearly understanding what a venue is. It's not what's in your notary stamp. Without a clear venue on each document, your documents could be rejected by a court, the county clerk, and/or the Dept. of State. Laws are different in different locations, so the geographical location where the document was signed is important.] True/False:

An official act of a notary public will be held invalid if it does not have their details of their ID number and county of qualification clearly stated. - Precise Answer ✔✔False. "No official act of such notary public shall be held invalid on account of the failure to comply with these provisions." (For example, their number not being listed correctly, or inaccurate county attribution. Unintentional mistakes happen.) Fill in the blank: "In all the courts within this State the (1) ________ of a notary public, over their (2) ________, shall be received as (3) _____________ contained in such certificate...." - Precise Answer ✔✔1) certificate

2. signature
3. "presumptive evidence of the facts" A notary public cannot authenticate or administer an oath on any document for a corporation in which s/he is a ____________, _________, ____________ or ________________. - Precise Answer ✔✔There are 4 to remember: Director, Officer, Stockholder, or Employee. Perhaps remember it as a lethal DOSE. Director Officer

Stockholder Employee Misdemeanor - Precise Answer ✔✔Any crime other than a felony Judgment - Precise Answer ✔✔Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. A notary public may not "protest any negotiable instruments owned or held for collection [by a ] corporation, if such notary public be (1) ____________ to such instrument, or have (2) ____________ in the subject of same. - Precise Answer ✔✔1) individually a party to such instrument

2. have a financial interest in [it] If you live in Ulster county but have an office in New Jersey and filed an 'official character card' in New York county, who would send out your notary renewal form? - Precise Answer ✔✔The Ulster county clerk. As a notary, your license is registered in the NY county of your residence. (The only exception are notaries who live outside NY but have a work/office in NY state.) Litigation - Precise Answer ✔✔The act of carrying out a lawsuit Certified Copy - Precise Answer ✔✔A copy of a public record signed and certified as a true copy by the public official having custody of the original.