Notary Public Duties and Responsibilities in New York State - Prof. Sweeney, Exams of Law

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HOSMERIT

NYS NOTARY MULTIPLE CHOICE EXAM

2024 - 2025 QUESTIONS AND ANSWERS

100% CORRECT

A Notary who refrains from performing a duty, which is imposed by law or inherent in the nature of his/her office, may be guilty of? a. A felony b. Criminal Contempt c. A Tort d. A Misdemeanor - ANSWER-d. A Misdemeanor A copy of a public record signed and certified as true copy by the public official having custody of the original is known a(n): a. Affirmation b. Authentication c. Certified Copy d. Acknowledgment - ANSWER-c. Certified Copy To grant the right of usage in real property to another person for a term of years, life or at will is best known as a: a. Lien b. Lease c. Mortgage d. Conveyance - ANSWER-b. Lease A court decree to pay a specified sum of money is best known as a: a. Writ b. Lien c. Litigation d. Judgment - ANSWER-d. Judgment The secretary of State of New York may suspend or remove any Notary from office for misconduct. This cannot be done without serving the Notary Public with a copy of the charges and providing the Notary with which of the following? a. A trial by jury b. An opportunity to be heard c. A hearing d. Both B & C - ANSWER-d. Both B & C

For taking a Proof of Execution by two people and swearing in three witnesses, the Notary may collect the following fee: a. $2. b. $4. c. $6. d. $10.00 - ANSWER-d. $10. If prepared by a Notary, which of the following is considered to be the Unlawful Practice of Law (UPL). a. Preparing a Mechanics Lien b. Preparing a Power of Attorney c. Preparing a Chattel Mortgage d. All of the above - ANSWER-d. All of the above Any non-resident Notary Public of the State of New York does NOT need to vacate the office of a Notary if he/she does which of the following: a. Retains a PO Box in NYS b. Retains a place of business in NYS c. Retains business ties in NYS d. Shares an office with an Attorney - ANSWER-b. Retains a place of business in NYS A New York Notary jurisdiction shall be co-extensive with which of the following? a. His/her County of employment b. His/her County of residence c. The Tri-State area d. The State of New York - ANSWER-d. The State of New York The County Clerk shall collect the following free from every Notary Public for filing a Certificate of Official Character in a county other than that of a Notary's original commission. a. $5. b. $10. c. $15. d. $20.00 - ANSWER-b. $10. A Notary lives and is commissioned in Rockland County. The Notary works in Westchester County, many of the documents notarized at the Notary's job needs to be authenticated. In which County would the Signer go to get this authentication done? a. Westchester b. Rockland c. Neither. This has to be done in Albany, New York d. this can only be done in New York County - ANSWER-b. Rockland Under the New York State Constitution, the following person shall hold no other office while serving in this position: a. Secretary of State

b. City Marshall c. Notary Public d. Sheriff - ANSWER-d. Sheriff For any misconduct by a Notary in the performance of his/her duties, the Notary shall be liable to the party(ies) injured for which of the following? a. Damages sustained d. Res Judicata c. A Tort d. Criminal charges - ANSWER-a. Damages sustained A NYS recording office will not accept nor record any conveyance unless a conveyance: a. Has Jurat wording b. Is in English or is accompanied by an English language translation c. Is witnessed by two Notaries d. Has a State Notary Seal - ANSWER-b. Is in English or is accompanied by an English language translation After witnessing the opening of a safe deposit box, the Notary should send written notification to the lessee (renter) which states the following? a. The date of the opening b. The name of the lessee c. The list of the contents d. All of the above - ANSWER-d. All of the above A New York Notary is considered to be a(n): a. Officer of the Court b. State Official c. State Officer d. Public Officer - ANSWER-d. Public Officer A notary lives in Ontario County, but works in Stueben County. Notarized documents signed at work often need to have the Notary's signature authenticated. What can the Notary do in order to have this done in Stueben County instead of Onatario County? a. File a Surety Bond in Stueben County b. File an "Oath of Office" in Stueben County c. Move to Stueben County d. File a Certificate of Official Character with Stueben County - ANSWER-d. File a Certificate of Official Character with Stueben County A Notary beneficially interested in the following document(s) is not lawfully allowed to take the acknowledgment of the instrument (document). a. Deed b. Mortgage c. Contract d. All of the above - ANSWER-d. All of the above

How much can a Notary charge for administering an "Oath of Office" to a member of the legislature? a. $0. b. $0. c. $1. d. $2.00 - ANSWER-a. $0. A certified copy of a recorded document may be obtained from which of the following: a. The Notary Public b. A Commissioner of Deeds c. The Secretary of State d. The public office which issued the document originally - ANSWER-d. The public office which issued the document originally. The BEST form of identification that can be presented to a Notary is a(n): a. US passport b. Driver's license c. Birth certificate d. Both A & B would be the best - ANSWER-d. Both A & B would be the best If a Notary cannot find a blank space on a document which is large enough to place the entire impression of a Notary rubber stamp, the Notary should then attempt to place the stamp: a. In the margin of the document b. On a separate, attached Notarial Loose Certificate c. Either A or B would be correct d. Directly over the signature(s) of the party(ies) - ANSWER-c. Either A or B would be correct A hearing or examination in the presence of or on papers filed by one party and in the absence of the other party is known as: a. Reciprocity b. Res Judicata c. Ex Parte d. Contempt of Court - ANSWER-c. Ex Parte New York Executive Law Section S137 imposes the duty on the Notary to include the following in ALL acknowledgment or jurats: a. The State and County of the notarization b. Time of notarization c. Names of the witnesses d. City of the notarization - ANSWER-a. The State and County of the notarization The specific instructions as to how to disburse a person's property upon his/her death is known as a(n):

a. Writ of Execution b. Last Will & Testament c. Codicil d. Executive Order - ANSWER-b. Last Will & Testament Authentication certificates are typically issued by which of the following? a. Notary Public b. Secretary of State c. County Clerk d. Both B & C - ANSWER-d. Both B & C When may a Notary Public demand the Notarial fee in advance of the notarization? a. In any situation under the judgment of the Notary b. When the Notary is not personally acquainted with one or more party(ies) c. When the Notary is in the presence of an Attorney at Law d. Never can the Notary do this - ANSWER-a. In any situation under the judgment of the Notary The following allows a later mortgage to be placed in a higher priority than an existing mortgage: a. Statute of Limitations b. Statute of Frauds c. Subordination Clause d. Chattel Mortgage - ANSWER-c. Subordination Clause A document which later modifies a Last Will & Testament made previously is known as a(n): a. Attachment b. Codicil c. Attestation Clause d. Holographic Will - ANSWER-b. Codicil If performing a PROTEST for non-payment of a Bill or Promissory Note, a New York Notary may charge which of the following? a. $10.00 for the transaction b. $2.00 per signature notarized c. $0.75 for the first protest and $0.10 cents for each additional Protest up to a total of five Protest per bill or note d. No charge is allowed to be charged for Protest in New York - ANSWER-c. $0.75 for the first protest and $0.10 cents for each additional Protest up to a total of five Protest per bill or note The following person MAY apply for a New York Notary Public commission: a. A person who lives in a bordering state but has an office or workplace in New York State b. An illegal resident in the US

c. A Sheriff elected to office in NYS d. A person who has been convicted of a non-pardoned felony in any US State or Territory - ANSWER-a. A person who lives in a bordering state but has an office or workplace in New York State For taking and certifying the acknowledgment of a written instrument (document) by one person and for swearing two witnesses, the Notary may collect the following fee: a. $2. b. $4. c. $6. d. $10.00 - ANSWER-c. $6. What is the term for a Last Will & Testament written entirely in the handwriting of the person making the Will? a. Holographic b. Initiatory c. Seeded d. Ministerial - ANSWER-a. Holographic Notaries who sign his/her signature to a document with acknowledgment wording, __________ the taking of the acknowledgment. a. Certify b. Swear c. Record d. Affirm - ANSWER-a. Certify As a New York Notary, a person may perform notarizations: a. Anywhere in the US or its Territories b. Only in his/her New York County of residence c. Within the boundaries of NYS d. In the Tri-State area - ANSWER-c. Within the boundaries of NYS A Notary is presented with a deed for real property located within NYS by a document signer. The Notary is required to write the VENUE of the deed in the Notarial Certificate. The venue for the deed is: a. The County and State where the document holder resides b. The City and State where the real property is located c. The County and State where the Notary was originally commissioned d. The County and State where the Notary is actually taking the acknowledgment - ANSWER-d. The County and State where the Notary is actually taking the acknowledgment A Notary is presented with a document to notarize for a group of three document signers, who each personally appear before the Notary to sign the document with acknowledgment wording. The Notary is lawfully allowed to charge how much for the notarization.

a. A total of $6. b. A total of $4. c. A total of $3. d. A total of $2.00 - ANSWER-a. A total of $6. A Notary convicted of committing forgery on a notarized document may be found guilty of a: a. Class D felony b. Class E felony c. Class A misdemeanor d. Class B misdemeanor - ANSWER-a. Class D felony A person not appointed as a Notary, but who acts as one, may be found guilty of: a. A Tort b. Perjury c. A Misdemeanor d. A Felony - ANSWER-c. A Misdemeanor A Notary, has no authority to do which of the following in NYS? a. Notarize for family members b. Notarize his/her own signature c. Notarize on a legal holiday d. Notarize on a Sunday - ANSWER-b. Notarize his/her own signature A Notary, who violates any public law, is liable for the punishment allowed by criminal law along with which of the following Civil Court actions on behalf of the aggrieved person or persons? a. Damages equal to the loss sustained b. Double damages c. Treble damages d. Quadruple damages - ANSWER-c. Treble damages A New York Notary can no longer maintain his/her Notary commission if: a. He/she moves to another county in NYS b. He/she moves out of NYS, but continues to have a place of business in the State of New York c. He/she moves to a new job and residence in the Commonwealth of Virginia d. He/she has passed the NYS Bar examination and maintains a home in another state

• ANSWER-c. He/she moves to a new job and residence in the Commonwealth of Virginia NYS Courts regard a Notary's violation of duty as: a. Serious professional misconduct b. Malpractice c. Malfeasance d. Willful wrongdoing - ANSWER-a. Serious professional misconduct

If a Notary completes a false certificate which states that a person personally appeared before him/her when the person actually did not, the Notary may be found guilty of which offense? a. A Felony b. A Misdemeanor c. Perjury d. Misconduct - ANSWER-a. A Felony A person convicted of forgery on a notarized document may be found guilty of which of the following? a. Class D felony in the 2nd degree b. Class E felony in the 2nd degree c. Class A misdemeanor in the 1st degree d. Class B misdemeanor in the 1st degree - ANSWER-a. Class D felony in the 2nd degree When a New York Notary commission expires, if the Notary does not re-apply within six months 180 days of the expiration date he/she may be obligated to: a. Pay double the application fee b. Appear before the County Clerk for special dispensation c. Re-take the written New York Notary examination d. All of the above - ANSWER-c. Re-take the written New York Notary examination A Notary who certifies that someone personally appeared before him/her, when the person actually did not appear, may be found guilty of issuing a false certificate and has possibly committed a: a. Felony b. Misdemeanor c. Perjury d. Forgery - ANSWER-a. Felony When a Subscribing Witness appears before the Notary with a document to be notarized, the Notarial Act is called a(n): a. Proof of Execution b. Protest c. Certificate of Official Character d. Acknowledgment in Absentia - ANSWER-a. Proof of Execution A Notary negligent in his/her Notarial duties may face which of the following penalties? a. Administrative penalties by the New York Secretary of State b. Civil Court lawsuit c. Criminal Charges d. Any of the above - ANSWER-d. Any of the above Notary may NOT perform notarizations in any case involving:

a. A beneficial interest to the Notary b. A financial interest to the Notary c. An emotional interest to the Notary d. All of the above - ANSWER-d. All of the above A Notary may not collect Notarial fees if asked to perform an OATH OF OFFICE for the following individuals: a. A state Congressional Representative b. A member of the legislature c. US Military Officers d. All of the above - ANSWER-d. All of the above The acknowledgment notarial certificate wording may contain which of the following? a. A statement that the signer personally appeared before the Notary b. A statement that the signer acknowledged executing the instrument freely c. The venue where the acknowledgment was taken d. All of the above - ANSWER-d. All of the above In notarizing an acknowledgment certificate, the New York Notary guarantees which of the following? a. The document was signed by the principal named in the document b. The Notary verified the identity of the document signer if not personally known to the Notary c. The document was signed by the principal of his/her own free will d. All of the above - ANSWER-d. All of the above A Subscribing Witness can best be described as: a. A witness who serves as identification for a document signer who is unknown to the Notary b. A witness who vouches that the Notary made a mark in his or her presence c. A witness who appears before a Notary to prove that an absent signer executed a document in his/her presence by taking an oath or affirmation administered by the Notary d. A witness who is identified by a Notaray based on a reliable photo ID card - ANSWER-c. A witness who appears before a Notary to prove that an absent signer executed a document in his/her presence by taking an oath or affirmation administered by the Notary Which of the following is NOT a legitimate reason for refusing to notarize a document? a. Personal interest in the document by the Notary b. Reasonable suspicion of fraud c. Ethical disagreement with the contents of the document d. Lack of identification cards or personal knowledge of the document signer - ANSWER-c. Ethical disagreement with the contents of the document

A signer who produces falsified ID documents to a Notary and signs a document with a false name may be prosecuted for ________, if found guilty. a. Fraud b. Perjury in the 2nd degree c. Forgery in the 2nd degree d. Misrepresentation - ANSWER-c. Forgery in the 2nd degree A person who was convicted of vagrancy or prostitution can serve as a Notary Public if: a. The conviction occurred before the age of 21 b. A Certificate of Good Conduct from the Parole Board restores his/her rights c. The conviction occurred out of the state or in another territory d. Such persons may never serve as a New York Notary Public - ANSWER-b. A Certificate of Good Conduct from the Parole Board restores his/her rights. How much can a Notary charge for administering an "OATH OF OFFICE" to a public officer including a Notary Public? a. $0. b. $0. c. $1. d. $2.00 - ANSWER-a. $0. A Notary commissioned under the name of "Mary Q. Public", must sign all notarizations as: a. "Miss Mary Q. Public" b. "Mary Public" c. "M. Q. Public" d. "Mary Q. Public" - ANSWER-d. "Mary Q. Public" A New York Notary may NOT perform the following Notarial act(s): a. Acknowledgments b. Affirmations c. Witness the opening of an abandoned safe deposit box d. Issue a Copy Certification Certificate, attesting that an original document is true and correct by his/her examination of the document - ANSWER-d. Issue a Copy Certification Certificate, attesting that an original document is true and correct by his/her examination of the document A Notary Journal can benefit which of the following? a. Law enforcement officers who investigate misconduct of fraud in notarizations b. Notaries who want protection from liability and possible Civil suites c. Individuals who seek evidence when a notarization is later challenged d. All of the above - ANSWER-d. All of the above Requiring a signer to sign the Journal of Notarial Acts is: a. Allowed only if State law requires Notaries to keep journals b. Unnecessary if the document signer is the Notary's employer or friend

c. Recommended FOR ALL TRANSACTIONS even when not required by state law d. Unnecessary if the signer is personally known by the Notary - ANSWER-c. Recommended FOR ALL TRANSACTIONS even when not required by state law A certified copy of a recorded document may be obtained from which of the following? a. The Notary Public b. A commissioner of Deeds c. The secretary of State d. The public office that issued the document originally - ANSWER-d. The public office that issued the document originally A document that is notarized and gives another person the right to act for an individual is known as a(n)? a. Power of Attorney b. Guardian c. Litigation d. Escrow - ANSWER-a. Power of Attorney A Notary who knowingly completes a Notary certificate containing false statements: a. May be found guilty of a Class E felony b. May do so if the signer agrees c. May do so if ordered by an employer d. May do so only if there are no resulting damages - ANSWER-a. May be found guilty of a Class E felony The best sample wording for an oral OATH my be: a. "Do you solemnly ATTEST..." and ends with "under penalty of perjury?" b. "Do you solemnly AFFIRM..." and ends with "so help you God?" c. Do you solemnly SWEAR..." and ends with "so help you God?" d. Both A and C - ANSWER-c. Do you solemnly SWEAR..." and ends with "so help you God?" When a document is presented for notarization and does NOT contain Notarial wording or a Notarial certificate, the Notary may do which of the following? a. Advise the signer about the type of certificate needed, but not supply it. b. Advise the signer of the need for certificate wording and supply it upon the signer's request. c. Neither advise the signer about the type of certificate nor supply it upon the signer's request. d. None of the above - ANSWER-b. Advise the signer of the need for certificate wording and supply it upon the signer's request. The act of recognizing the existence of a signed agreement as evidence of one's willing intention that the agreement be binding and in full force is known as a (n): a. Acceptance b. Acknowledgment

c. Transaction d. Certification - ANSWER-b. Acknowledgment An understanding between two or more competent parties is called a(n): a. Declaration b. Obligation c. Contract d. Agreement - ANSWER-c. Contract Besides a Notary, which of the following may take an oath or affirmation from a constituent (signer)? a. A Sheriff b. A designated third person c. A Commissioner of Deeds d. A Peace Officer - ANSWER-c. A Commissioner of Deeds A Notary Public CANNOT give legal advice EXCEPT when he/she: a. Makes known the fact that he/she is not an Attorney at Law b. Does not collect a fee for such advice c. Has a law degree and has passed the Bar examination in the state where he/she practices d. None of the above - ANSWER-c. Has a law degree and has passed the Bar examination in the state where he/she practices A signed statement, duly sworn to or affirmed by the maker of the statement before a Notary Public with Jurat wording may be called a(n): a. Notarization b. Affidavit c. Acknowledgment d. Deposition - ANSWER-b. Affidavit Which of the following is required for a anon-resident to serve as a Notary Public in NYS? a. Place of business or employment in NYS b. Business affiliation with a NYS resident c. Appointment of a County Clerk as the person upon whom process can be served on his/her behalf d. Proof of need for appointmentt - ANSWER-a. Place of business or employment in NYS Jurat Certificate wording is often placed on documents called a(n): a. Affidavit b. Lien c. Acknowledgment d. Transcript - ANSWER-a. Affidavit

The act of producing a Negotiable Instrument or Promissory Note for payment to a debtor is best known as a: a. Warranty b. Bill of exchange c. Presentment d. Dower - ANSWER-c. Presentment The Notary, when taking an acknowledgment, partly guarantees having done which of the following? a. Identified the signer if not personally known by the Notary b. Witnessed the signer's signature on the document c. Administered an oath or affirmation to the signer d. Verified the contents and validity of the document - ANSWER-a. Identified the signer if not personally known by the Notary "Do you solemnly, declare and affirm that the statements made by you are true and correct under penalty of perjury?" is an example of a(n): a. Declaration b. Authentication c. Affirmation d. Oath - ANSWER-c. Affirmation An AUTHENTICATION certificate may be attached to the notarized document by the: a. Notary b. County Clerk and/or Secretary of State c. Document signer d. Subscribing witness - ANSWER-b. County Clerk and/or Secretary of State A copy of the Notary's certificate witnessing the opening of an abandoned a safe deposit box must be sent to the lessee (customer) via registered US mail: a. Within 15 days from the opening date of the box b. Within 10 days from the opening date of the box c. Within 30 days from the opening date after giving proper notice to the lessee d. Within 10 days of non-payment of the rental fee by the lessee - ANSWER-b. Within 10 days from the opening date of the box A signer who charged the wrong fee(s) for Notary services, may seek damages for which of the following? a. The amount overcharged b. Two times the amount overcharged c. Three times the amount overcharged (treble damages) d. Four times the amount overcharged - ANSWER-c.Three times the amount overcharged (treble damages) An example of signing in a representative capacity is: a. An attorney-in-fact for a principal signer using a Power of Attorney document

b. A corporate officer for a corporation c. A partner for a partnership d. All of the above - ANSWER-d. All of the above A Notary has no authority to do which of the following in NYS? a. Notarize for his/her siblings b. Notarize a Last Will & Testament c. Notarize on a Sunday d. Certify a copy of an official public record - ANSWER-d. Certify a copy of an official public record All of the following ara requirements of a Notary Public in NYS EXCEPT: a. Applicant has the equivalent of a a common school education b. Applicant has been a resident of NYS for at least 90 days c. Applicant's residence or place of employment is within the State of New York d. Applicant is familiar with duties and responsibilities of a Notary in NYS - ANSWER-b. Applicant has been a resident of NYS for at least 90 days All persons commissioned as Notaries Public in NYS: a. Must reside in NYS b. Must have High School diploma c. Are commissioned at the discretion of the Secretary of State d. All of the above - ANSWER-c. Are commissioned at the discretion of the Secretary of State Notaries Public must administer oaths and affirmations in the manner and form prescribed by the: a. Real Property Law b. Judiciary Law c. Public Officers Law d. Civil Practice Law and Rules - ANSWER-d. Civil Practice Law and Rules A Notary may NOT do which of the following: a. Inventory safe deposit boxes opened by the bank (lessor) for non-payment b. Notarize for a signer who is using Power of Attorney paperwork c. Administer the "Oath of Office" to the City Mayor d. Take a deposition for a Civil Court proceeding on a Sunday in the State of New York - ANSWER-d. Take a deposition for a Civil Court proceeding on a Sunday in the State of New York It is unlawful for a Notary, who is not an Attorney, to do which of the following? a. Advertise immigration services in the newspaper as a non-legal professional b. Agree to split fees with an Attorney for legal services c. Give advice or opinions on the law d. All of the aabove - ANSWER-d. All of the aabove

In NYS a felony is a(n): a. Crime less serious than a misdemeanor b. Act resulting in a person going to jail c. Crime more serious than misdemeanor d. Tort - ANSWER-c. Crime more serious than misdemeanor An affidavit differs from a deposition in that an affidavit is: a. A spoken statement or testimony taken out of court b. An ex-parte statement (from one person's point of view) c. A written statement d. Both B & C - ANSWER-d. Both B & C Which of the following acts constitute a felony if committed by a Notary in NYS? a. The practice of any fraud or deceit b. Certifying falsely to recordable instruments c. Delivery as true a certificate containing any statement known to be false d. All of the above - ANSWER-d. All of the above Which of the following statements is CORRECT? a. A Notary is authorized to issue certified copies of public and recorded records in NYS b. A Notary may certify to the authenticity of legal documents required to be filed with Foreign Consular Offices c. An attorney typically cannot act as a Notary if he/she has not passed the Bar examination in NYS d. All of the above - ANSWER-c. An attorney typically cannot act as a Notary if he/she has not passed the Bar examination in NYS A New York Notary Public may NOT: a. Solemnize marriages in NYS b. Take the acknowledgment of parties and witnesses to a written Contract of Marriage in the State of New York c. Take depositions for use in a Civil Court proceeding on a Sunday d. All of the above are correct - ANSWER-d. All of the above are correct A female Notary who is commissioned under the name of Roberta T. Jones, but later changes her name by marriage to Roberta T. Smith, may notarized and sign as _________ until the end of her commission. a. Roberta T. Jones b. Roberta T. Jones (Roberta T. Smith, printed) c. Roberta T. Smith d. Both A & B - ANSWER-d. Both A & B The subscribing witness to most instrument (document) notarized is the: a. Notary Public b. Constituent c. Affiant

d. Signer - ANSWER-a. Notary Public A person who has failed to re-apply for the Notary commission because of enlistment in the US armed forces, after an honorable military discharge must _______ if he/she does not apply for reappointment with the specified amount of grace period set by NYS statute. a. Pay an additional fee b. Request special dispensation c. Appear before the Secretary of State d. Re-take the Notary examination - ANSWER-d. Re-take the Notary examination. An affiant who swears or affirms falsely to a notarization may be prosecuted for ________, which may be considered a felony in NYS. a. Fraud b. Perjury c. Forgery d. Misrepresentation - ANSWER-b. Perjury Which of the following is a legal impediment to a person being commissioned to the office of Notary Public in NYS? a. Illegally using or carrying a pistol b. Receiving or having criminal possession of stolen property c. Unlawful possession of a habit forming narcotic drugs d. All of the above - ANSWER-d. All of the above A person, who has failed to re-apply for the Notary commission reappointment before the expiration of his/her commission because of enlistment in the armed forces of the US, must apply for reappointment within _______ _______ after an honorable discharge from the military. a. 30 days b. 3 months c. 6 months d. 1 year - ANSWER-d. 1 year The Notary actually certifies to the taking of an acknowledgment when he/she does which of the following? a. Signs his/her official signature in ink on the document b. Stamps his/her rubber stamp in black in on the document c. Uses his/her official metal embossing seal on the document d. All of the above - ANSWER-a. Signs his/her official signature in ink on the document A member of a religious order whose religious name is Sister Mary Q. Public, may apply for a Notary commission and be appointed as _______ if she is known by that cognomen. a. Sister Mary Q. Public b. Mary Public

c. M. Q. Public d. Mary Q. Public - ANSWER-a. Sister Mary Q. Public When a Notary changes his/her place of residence from one New York County to another he/she must notify: a. Only the Secretary of State for New York b. The secretary of State and the County Clerk of the new residence c. The Secretary of State and the County Clerk of the old residence d. Neither the County Clerk nor the Secretary of State - ANSWER-b. The secretary of State and the County Clerk of the new residence OR c. The Secretary of State and the County Clerk of the old residence A Commissioner of Deeds and a Notary Public BOTH CANNOT: a. Perform marriages or sign contract of marriages b. Take neither oaths nor affirmations c. Take acknowledgments from signers d. Take depositions for civil cases - ANSWER-a. Perform marriages or sign contract of marriages At the time an application for appointment is filed, a person MUST be _____ years of age or older. a. 16 b. 18 c. 21 d. 25 - ANSWER-b. 18 A Notary Public can delegate his/her official authority and duties to which of the following: a. An attorney who has passed the NYS bar examination b. A personal assistant who is trustworthy c. A member of his/her family d. None of the above, the authority and duties of a Notary can NEVER be passed to another individual - ANSWER-d. None of the above, the authority and duties of a Notary can NEVER be passed to another individual An Attorney licensed in NYS may substitute the words "Notary Public" on the Notary stamp with which of the following? a. Attorney/New York Notary Public b. Attorney at Law c. Counselor at Law d. Attorney and Counselor at Law - ANSWER-d. Attorney and Counselor at Law Power of Attorney documents: a. Allow a person to act as Attorney for another Attorney b. Can only be given to an Attorney

c. Allow a person to act and sign on behalf of another with permission d. Both B & C - ANSWER-c. Allow a person to act and sign on behalf of another with permission Optional Notary Errors and Omissions Insurance protects: a. The Notary for ALL errors committed while notarizing b. The Notary for errors committed unintentionally while notarizing c. The public from a Notary's actions while notarizing d. The document signer when requesting document to be notarized - ANSWER-b. The Notary for errors committed unintentionally while notarizing A notary convicted of a Class D felony in NYS could be fined and/or sentenced to a maximum prison term of up to: a. 7 years b. 4 years c. 3 years d. 12 months - ANSWER-a. 7 years A Jurat statement is false when: a. No oath or affirmation is administered to the signer(s) b. It is not signed by the Notary who administered the Oath or Affirmation of the signer(s) c. A Notary fails to comply with statutory provisions of such an act d. All of the above - ANSWER-d. All of the above A Notary's general authority is defined in the _____ section of the Notary Public License Law Manual for NYS. a. Real Property Law b. Judiciary law c. Public Officers Law d. Executive Law - ANSWER-d. Executive Law Upon witnessing the opening of a safe deposit box for non-payment, the Notary must notify the person who originally leased the box within: a. The close of the business day on which the safe deposit box was opened b. 3 days after witnessing the opening of the safe deposit box c. 10 days after witnessing the opening of the safe deposit box d. 30 days after witnessing the opening of the safe deposit box - ANSWER-c. 10 days after witnessing the opening of the safe deposit box The Notary must notify the person who originally leased the opened safe deposit box via: a. Registered US postal mail to the last known address on record at the bank b. Taking an advertisement in the classified section of the local paper c. A Western Union Telegram

d. In person at the last known address of the lessee on record at the bank - ANSWER- a. Registered US postal mail to the last known address on record at the bank When a Notary notarizes a document to which a signer has taken an oath or affirmation the DOCUMENT may be called a(n): a. Affidavit b. Deed of Sale c. Acknowledgment d. Jurat - ANSWER-a. Affidavit A Notary may NOT take the acknowledgment or Proof of Execution for any party to a written instrument executed by a corporation in which he/she is a(n): a. Stockholder b. Director c. Officer d. All of the above - ANSWER-d. All of the above A Notary MAY Protest a negotiable instrument owned by a corporation if he/she is: a. A stockholder of that corporation b. An officer of that corporation c. An employee of that corporation d. Individually, a party to such instrument - ANSWER-c. An employee of that corporation A person who intentionally makes a false statement to the Notary on an oath or affirmation possibly commits which of the following crime? a. Perjury b. Contempt c. Coercion d. Moral Turpitude - ANSWER-a. Perjury The definition of "attest" is: a. To take an oath or affirmation b. To admit or recognize a document by a Subscribing Witness c. To witness the signing of a written document at the request of another d. To certify a copy of an original to be true - ANSWER-c. To witness the signing of a written document at the request of another The New York Department of State issues an Authentication Certificate to a notarized document for international usage; the process or final attachment is called a(n): a. Certificate of Official Character b. Codicil c. Certified copy d. Apostille - ANSWER-d. Apostille

The County Clerk issues a certificate attached to a notarized document. This process is common when a notarized document will be used as evidence in a Court of Law, or sent out of NYS, the process may be called a(n): a. Attestation Clause b. Codicil c. Certified Copy d. Authentication - ANSWER-d. Authentication The Executive Laws of NYS allow for the appointment or removal of Notaries Public by which of the following persons? a. Secretary of State for New York b. Attorney General for New York c. County Clerk of any county d. Governor of NYS - ANSWER-a. Secretary of State for New York A Notary may not perform notarizations in any case involving which of the following? a. The Notary's parents b. The Notary personally c. The Notary's cousin D. The Notary's employer - ANSWER-b. The Notary personally It is unlawful for a New York Notary to do which of the following? a. Give legal advice to signers b. Prepare legal documents without the direct supervision or review of any Attorney c. Accept a referral fee from an Attorney for client referrals d. All of the above - ANSWER-d. All of the above When a New York Notary legally changes his/her name, he/she may notarize with which of the following? a. The original commission name with the new name in parenthesis b. The new legal name alone once he/she has changed his/her Driver's License c. The old name crossed out and the new name printed in caps in the certificate area. d. Whatever name the Notary chooses to use as he/she notarizes. - ANSWER-a. The original commission name with the new name in parenthesis The law that sets a specific time limit on bringing litigation in a criminal or Civil lawsuit is known as: a. Ex Parte b. Statute of Fraud c. Statute of Limitations d. Subordination Clause - ANSWER-c. Statute of Limitations Every jurat or acknowledgment certificate should show in the certificate the following information for all Notarial acts: a. The time of the notarization b. The city of the notarization

c. The fee charged for the notarization d. The venue of the notarization - ANSWER-d. The venue of the notarization A Notary notarizes a document to which a signer has taken an oath or affirmation, this Notarial act is called a(n): a. Affidavit b. Deed of Sale c. Acknowledgment d. Jurat - ANSWER-d. Jurat A New York Notary MAY legally perform the following: a. Prepare a Bill of Sale for a friend's auto sale b. Take an acknowledgment to a Last Will & Testament c. Officiate at a marriage or notarize a Contract of Marriage in NYS d. Administer the Oath of Office to a State Official - ANSWER-d. Administer the Oath of Office to a State Official When a female Notary marries during the term of office for which she was appointed, she may continue to do which of the following until the end of her term with her signature? a. Sign in her commissioned name b. Sign with her new name c. Sign with either name d. Sign with a hyphenated name - ANSWER-a. Sign in her commissioned name The following is NOT required by NYS Statute to lawfully complete a notarization, but is highly recommended in order to prevent document rejection and facilitate the recording of notarized documents: a. Notary self-inking rubber stamp b. Notary metal embosser seal c. The venue of the notarization d. All of the aabove - ANSWER-a. Notary self-inking rubber stamp A written document which transfers title (ownership) to real property is known as a: a. Conveyance b. Chattel Mortgage c. Codicil d. Last Will & Testament - ANSWER-a. Conveyance A New York Notary may NOT do which of the following: a. Inventory safe deposit boxes opened by the lessor (bank) for non-payment b. Prepare legal paperwork for clients c. Administer the Oath of Office to the City Mayor d. Take a deposition for a Civil proceeding on a Saturday - ANSWER-b.Prepare legal paperwork for clients

The commission of an officially appointed New York Notary Public is valid for how many years from the date of approval by the Secretary of State. a. Four years b. Two years c. Six years d. Never expires - ANSWER-a. Four years When using identification documents to notarize, A Notary can accept all of the following, EXCEPT: a. A valid United States or Foreign Passport b. A resident Alien card (Green Card) c. A Social Security card with a signature d. An Out of State issues photo Driver's License - ANSWER-c. A Social Security card with a signature When notarizing documents using a credible identifying witness, the following must exist: a. The credible witness must personally know the Notary b. The credible witness must personally know the document signer c. The credible witness must take a oath or affirmation as to the signer's identity d. All of the above - ANSWER-d. All of the above A New York Notary convicted of official misconduct such as not administering an oath or affirmation on an affidavit has possibly committed a: a. Class D felony b. Class E felony c. Class A misdemeanor d. Class C misdemeanor - ANSWER-c. Class A misdemeanor When performing an acknowledgment, the Notary does NOT need to be concerned if: a. The signer's photo Driver's License is from another state and is current b. The signer signed the document before he/she appeared before the Notary c. The signer has been the Notary's childhood friend for the past 15 years and does not have any State or Government issued identification documents d. All of the above - ANSWER-d. All of the above A New York Notary is authorized to make corrections to a document's contents outside of the Notarial language in which situations? a. Only under the direction of anAttorney at law b. So long as aall parties to the document are notified c. In any case, unless the document is a Last Will & Testament d. Under no circumstances are Notaries allowed to make changes to a document - ANSWER-d. Under no circumstances are Notaries allowed to make changes to a document

The certificate sub-joined (attached) to any notarized document by the County Clerk in New York is known as a(n): a. Deposition b. Authentication c. Attestation d. Certification - ANSWER-b. Authentication Which of the following terms is roughly synonymous with the term "to witness"? a. Attest b. Affiant c. Endorse d. Litigant - ANSWER-a. Attest Each of the following is an element of a typical certificate of acknowledgment EXCEPT: a. Personal knowledge of the signer b. Identification of the signer with ID documents c. Notary bond number d. Venue - ANSWER-c. Notary bond number A proof of Execution by a Subscribing Witness is required when: a. A witness refuses to take an oath for religion reasons b. A party appears without any form of identification before the Notary c. The principal party who made the signature did not appear before the Notary to acknowledge d. A Power of Attorney document is used to sign the doument - ANSWER-c. The principal party who made the signature did not appear before the Notary to acknowledge If a Notary embossing seal is used, the only inscription required is the following: a. The name of the Notary and the words Notary Public for the State of New York b. The name of the Notary, the expiration date and the words Notary Public for the State of New York c. the name of the Notary, the qualifications County and the words Notary Public, State of New York d. The expiration date, qualification date and the words Notary Public for the State of New York - ANSWER-a. The name of the Notary and the words Notary Public for the State of New York A writing or writings which transfer title to rel property is termed a(n): a. Conveyance b. Assignment c. Endorsement d. Will - ANSWER-a. Conveyance Ideally, the last person to examine a document before it is turned over to a Recorder's Office is the:

a. County clerk b. Attorneys in Fact for all parties involved c. Notary Public d. Sheriff - ANSWER-c. Notary Public An attestation is performed by which of the following? a. Affiant b. Constituent c. Executor d. Notary Public - ANSWER-d. Notary Public The purpose of an affirmation is to: a. Establish that the Notary is personally acquainted with the signing party b. Certify the authenticity of a written document c. Uphold a Notary's legal authority d. Serves as the legal equivalent to an oath without the words "Swear and/or God" - ANSWER-d. Serves as the legal equivalent to an oath without the words "Swear and/or God" A Notary should NEVER, under any circumstance, notarize: a. The signature of business associates or co b. His/her own signature c. A sales contract from another state to be signed in NYS d. The signature of a close relative if he/she is not involved - ANSWER-b. His/her own signature A Notary Public who aacts before notarizing and filling his/her Oath of Office with the Secretary of State is guilty of a: a. Felony b. Perjury c. Misdemeanor d. Fraud - ANSWER-c. Misdemeanor A Notary is NOT permitted to take an acknowledgment to a(n): a. Last Will & Testament b. Conveyance c. Declaration d. Affidavit of Birth - ANSWER-a. Last Will & Testament A New York Notary should NEVER issue a Notary certified copy of a(n): a. University Diploma b. Birth Certificate c. Naturalization Certificate d. Any of the above - ANSWER-d. Any of the above