Notary Public Exam Questions 2024 with Answers, Exams of Nursing

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Notary Public Exam questions 2024 with

answers

1. When can a notary public reapply for commission without re-testing? - ANSWER: ➡ 1) Up until 6 months from expiration date.
2. Up until 1 year after military discharge (except dishonorable)
3. When the renewal is mailed to the notary public reminding that expiration date is in 3 months.
4. Who is appointed to accept process service on behalf of the notary public who is a non-resident? - ANSWER: ➡ The Secretary of state.
5. Can a notary public be denied reappointment at the time of renewal, even if in excellent, good standing? - ANSWER: ➡ Yes, in any case the appointment is at the complete discretion of the Secretary of State.
6. What are the general notary public eligibility requirements, although not limited to these? - ANSWER: ➡ 1) US Citizen.
7. Reside or have a place of business in state.
8. Good moral character.
9. Common school education.
10. No felony convictions. No convictions of weapons, burglar instruments or burglary, stolen property, unlawful entry, aiding prison escape, possession/distributing drugs, violations of selective draft act.
11. 18 years old.
12. Does the notary public receive an ID or license? - ANSWER: ➡ Yes, receives an ID card within 2 weeks of Secretary of State receipt of passed exam with fee and application.
13. What is the term of the notary public commission? - ANSWER: ➡ 4 years.

7. Who issues the notary public id/license? - ANSWER: ➡ Secretary of State. The Division of Licensing Services.
8. How does the notary public renew his license and when? - ANSWER: ➡ Approximately 3 months prior to the expiration, a renewal application is posted to the notary public, which must be completed and returned with the $60 fee to the County Clerk.
9. What does a notary public do? - ANSWER: ➡ 1) Administer oaths / affimrations.
10. Take affidavits and depositions.
11. Receive / certify acknowledgements, deeds, mortgages, powers of attorney.
12. Demand / accept or payment of foreign and inland bills of exchange, promissory notes and obligations in writing protesting the same for non-payment.
13. Who commissions or license a notary public? - ANSWER: ➡ Secretary of State forwards the commissions, the original oath of office and signature of the newly appointed notary public to the county clerk.
14. What happens when a notary public moves out of the state and does not at least retain an office address within the state? - ANSWER: ➡ By doing so he vacates his office commission.
15. How many notary public can the Secretary of State appoint? - ANSWER: ➡ As many as he/she likes.
16. What are the general regulations and procedures at the test center? - ANSWER: ➡ 1) Photo ID.
17. Thumb print taken.
18. Arrive at least 15 minutes early.
19. First-come, first-serve
20. Bring two #2 pencils.
21. No study materials allowed
22. 1 hour to take the test, 40 multiple choice questions, 70% passes

14. What are 4 examples of activities involving the practice of law which are prohibited for the notary public and can result in the removal from the office, possible imprisonment or both? - ANSWER: ➡ 1) Giving advice on law, drawing papers, or any legal documents recognized by courts.
15. Asking for or getting legal business to give to a lawyer and getting paid (it's ok to give business to a lawyer if not being compensated.
16. Notary service on wills
17. Doing anything that infers you can give advice like advertising.
18. When are the only times a notary public can engage indirectly in the practice of law? - ANSWER: ➡ Never, unless representing own self.
19. Of the 2 simplest forms of oath, what is required for both? - ANSWER: ➡ Oath / affirmation
20. A person who's oath is being taken must be in the presence of authorized office (notary public) to administer it.
21. It must be an unequivocal and present act by which the affiant consciously takes upon himself the obligation of oath.
22. What is the alternate simplest form in which an oath may be administered for those who conscientiously decline taking an oath? - ANSWER: ➡ Affirmation: Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct? "Plan B"
23. Unacceptable to the Secretary of State is "slipshod" administration. What is the simplest form which an oath may lawfully be administered (given) by the notary public? - ANSWER: ➡ "Do you solemnly swear that the contents of the affidavit subscribed by you is correct and true?"
24. What happens if a document is notarized by a person who is not actually a notary public? - ANSWER: ➡ Section 142A of the Executive Law deems it valid although the fake notary public can still be prosecuted.
25. What choices does a woman notary who marries have for name to use? - ANSWER: ➡ A) Married name.

B) Both maiden and married names. C) Maiden name for life.

21. What are the notary public licensing fees? - ANSWER: ➡ 1) $15 exam.
22. $60 license, renew
23. $10 changes name and address
24. $10 duplicate ID cards
25. When is the one time you may take acknowledgements /affidavits over the phone or without actually seeing the person making (signing) the acknowledgements? - ANSWER: ➡ Never is it illegal.
26. How is the deviation or departing from the step-by-step procedures required of the notary public viewed by the authorities? - ANSWER: ➡ 1) serious offense.
27. illegal.
28. subjects notary public license to revocation and / or prosecution.
29. Can a non-state resident be a notary public in the state? - ANSWER: ➡ Yes,... a) we can work in the state and may reside outside the state. b) non-residents working within the states. c) oath of office and signature must still be filed in county of their office.
30. When would the county clerk normally be called upon to authenticate the signature of the notary public? What is the fee? - ANSWER: ➡ When documents will be used outside the state, $3 fee.
31. How would you be notified of your exam result and what do you do next once you pass? - ANSWER: ➡ Passed slip is mailed to you. Fill out application and return with fee. Failed slip is mailed to you... you may retake the exam immediately. New exam schedules from the State are updated two times per year. You are not advised of what you got wrong.

27. What type of exam is given? - ANSWER: ➡ $15 fee, multiple choice, 40 questions on the machine readable score sheet,70% or 28 correct answers are required to pass. Topics are Law general terms and information related to the duties and functions outlined in the "Notary Public License Law Booklet."
28. Who maintains a record of the notary public signature made available for public access and verification of official signature? - ANSWER: ➡ The County Clerk.
29. Where are notary public commissioned? - ANSWER: ➡ In the county of residence or county of business in the state if residing out of state.
30. Can a person convicted of criminal offense become a notary public? - ANSWER: ➡ Yes, with an executive pardon of certificate of "Good Conduct" from the parole board... then the person will be eligible.
31. Can anyone become a notary public without taking the exam? - ANSWER: ➡ Yes, an attorney and a court clerks already practicing in the state do not take the exam.
32. May a notary public charge a fee? - ANSWER: ➡ Yes, $2.00. To administer oath, affirmation, acknowledgements and proof of execution. Unless otherwise authorized by law, notary public fees may not exceed this amount.
33. How do the courts hold an acknowledgement taken by a person financially or beneficially interested as a party to conveyance - ANSWER: ➡ Nullity-Void-No good.
34. What are the powers in general for the notary public? - ANSWER: ➡ a) Oaths and affirmations. b) Affidavits and depositions. c) Acknowledgements, deeds, mortgages, powers of attorney and other instruments in writing. d) Demand acceptance of payment foreign and inland bills of exchange, promissory notes and obligations in writing and protest the same for non-acceptance and non-payment.

35. No notary public shall be suspended or removed for misconduct unless what procedure occurs first?

• ANSWER: ➡ Notary public has been served with a copy of the charges and gets an opportunity of being heard.

36. How do the courts hold an assignment of mortgage taken before or by a notary public who is an assignee (having interest)? - ANSWER: ➡ Null-Void-No good.
37. What instances disqualify the notary public in certain cases, although still remaining eligible to hold office? - ANSWER: ➡ a) Having pecuniary interest or benefitting in the action. b) Are a party directly or indirectly of the transaction.
38. Can a member of the legislature be appointed by the Notary Public Commission? - ANSWER: ➡ Yes, but if being paid they vacate their seat in the legislature and power of appointment is transferred from governor and senate to S.O.S.
39. Can a sheriff become a notary public? - ANSWER: ➡ No, sheriffs shall not hold any other office.
40. Can a legislator also hold a civil office (be a notary) in the NYS government? - ANSWER: ➡ Yes, provided not being paid. A legislator cannot hold a civil state office if receiving compensation.
41. Does the county clerk provide notary public services to the general public? - ANSWER: ➡ Yes, the county clerk shall have one designated for business hours. Note that the county clerk's staff is exempt from fees for exam ($15) and application ($60).
42. Can one incorporate who is an notary public take the acknowledgement of the other incorporator? - ANSWER: ➡ No, that would make the acknowledgement null and void. They both are parties to the instrument and sign it.
43. What are the acceptable ways the signature and seal fo the county clerk can be presented? - ANSWER: ➡ Facsimile, printed, stamped, photographed or engraved thereon. (Don't confuse with notary public signature/seal).
44. What is on the notary public ID card issued by the secretary of state? - ANSWER: ➡ a) ID number.

b) Name c) Address d) County e) Commission term (f) Expiration date

45. What are the procedures of appointment and fees after the "test passed" notification is received by you? - ANSWER: ➡ a) Submit application, $60 fee, passed exam slip with executed (notarized oath of office to Secretary of State. b) Secretary of State satisfied... issues notary public commission and ID card, which are mailed. c) $20 is mailed to County Clerk from Secretary of State by 10th day of following month. d) County Clerk keeps commission and signature on file.
46. Can a person admitted to practice as an attorney within the state... whose office is in the state... but resides outside the state, be a notary public in New York State? - ANSWER: ➡ Yes, he is deemed a resident of the county where he maintains the office.
47. What convictions shall block notary public appointment? - ANSWER: ➡ Any felony or convictions of illegal weapons, making possessing burglar exquipment, buying/receiving/possession of stolen property, unlawful entry, aiding prison escape, possession/distributing narcotics and Selective Draft Act. Vagrancy and prostitution, unless executive pardon or certificate of good conduct.
48. What are the reasons to be suspended or removed from notary public commission? - ANSWER: ➡ Misconduct.
49. Where can any notary public file his signature and certificate of official character and who issues it upon request? - ANSWER: ➡ In the office of any County Clerk in any county in the state (410 filing fee to notary) and in any registers' office.

The Secretary of State and County Clerk can issue Certificate of Official Character for a fee paid by client.

50. What are the fees associated with issuance of Certificate of Official Character? - ANSWER: ➡ a) Secretary of State of $10. b) County Clerk $5.
51. What can the notary public do if he needs a duplicate ID card? - ANSWER: ➡ Upon receipt of application for a duplicate card and $10, Secretary of State reissues card with same notary public ID number with the word "Duplicate" stamped across the front. It will only be issued if original was lost, destroyed or damaged. Can't have an extra card.
52. What is the fee for changing address for notary public and who is paid? - ANSWER: ➡ $10 except when changing address at time of application for reappointment. It is paid to Secretary of State.
53. What is fee charged by County Clerk and register for filing of Certificate of Official Character in additional county? - ANSWER: ➡ $
54. What must a County Clerk certify to when he issues a Certificate of Official Character? - ANSWER: ➡ That the notary publics license is valid and currently on file with the county.
55. What is the fee for County Clerk to process a request for notary public commission signature authentication certificate or Certificate of Official Character? - ANSWER: ➡ Authentication: $3. Official Character: $5. Note: Authentication request will also include official character words.
56. In what counties can certificates of authentication of Notary Commission and signature be read into evidence when challenged? - ANSWER: ➡ In any of the counties of the state.

57. Can someone removed from Commissioner of Deeds, NYC ever be reappointed or become a notary public? - ANSWER: ➡ No, 140 Executive Law. If they sign or execute any instrument as a Commissioner of Deeds or notary public, it's a misdemeanor.
58. What is the procedure for taking acknowledgements over the telephone? - ANSWER: ➡ Trick question: no, no, no It's illegal, fraudulent and a misdemeanor to take it over the phone. The certificate of acknowledgement from notary public declares... "On this day ___ of ___ 20 ___ before me came ___ to me known, etc."...
59. Is a commissioner of elections or inspector of elections eligible to become a notary public? - ANSWER: ➡ Yes, 3-200, 3-400 Election Law.
60. What does the term "Interest as a disqualification" mean? - ANSWER: ➡ A notary public should not take an acknowledgement if he has interest or something to gain personally.
61. In taking an acknowledgement, is it essential that the person who executed the instrument sign his name in the presence of the notary public? - ANSWER: ➡ No
62. What are the purposes of the law respecting acknowledgements? - ANSWER: ➡ Purpose is not only to promote the security of land titles and prevent fraud in conveyancing, but to furnish proof of the due execution of conveyances... so as to permit the document to be given in evidence without further proof and make it recordable.
63. What is the common meaning of acknowledgement? - ANSWER: ➡ The certificate of an officer, duly empowered to take an acknowledgement or proof of the conveyance of real property that on a specified date, "Before me came ____ to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed same."
64. What is the formal declaration of a person making an acknowledgement before a notary public? - ANSWER: ➡ A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.

65. Define perjury. - ANSWER: ➡ Stating or giving testimony willfully on a material matter, under oath or affirmation as to the truth thereof when he knew the statement or testimony to be false.
66. Can a notary public refuse to administer oath or affidavit when it's requested? - ANSWER: ➡ It is a misdemeanor to refuse to administer oath or affidavit when asked by anyone. It is your duty.
67. Describe official misconduct. - ANSWER: ➡ Class A misdemeanor... knowingly exercising unauthorized acts. 1 minute to 1 year in jail (mandatory).
68. What is the penalty for issuing a false certificate? - ANSWER: ➡ Class E Felony... jail not to exceed 4 years. 3-4 years.
69. What powers and duties do notary publics have outside the state of commission issuance? - ANSWER: ➡ Powers and duties by the laws of nations, other governments or countries, provided that when exercising such powers, he shall set forth the name of such other jurisdiction. They must come to New York. Cannot act outside New York.
70. In his/her discretion... what powers does a notary public who is also an attorney regularly admitted to practice in the State have? - ANSWER: ➡ With discretion... administering oaths/affirmations and take affidavits/acknowledgements of his own client... in respect to any matter, claim, action or proceeding.
71. Is the notary public liable for damages resulting from his misconduct? - ANSWER: ➡ YES... to the parties injured for all damages they sustained by his act.
72. What can the notary public charge for the protest of non-payment of any note or for the no- acceptance or non-payment of any bill of exchange, check or draft giving notices and certificates of such protest? - ANSWER: ➡ 75 cents for first protest. 10 cents per additional notice, not exceeding a limit of 5 at a time.
73. How much extra can a notary public charge when requested to affix his seal to certificates of protest?

• ANSWER: ➡ Notary public shall affix seal free of expense, but can charge 75 cents per protest/seal. In other words, doing work for free.

74. What crime is a person committing when the act, advertise or use the titles of notary public or COD, without first being appointed? - ANSWER: ➡ A misdemeanor, "Fraud in Office."
75. What crime with criminal penalty has notary public or COD been guilty of if they practice fraud or deceit, besides whatever misconduct punishment is other provided for the acts? - ANSWER: ➡ Felony.
76. What is the fee for administering oath and affirmation and certifying same? - ANSWER: ➡ $2.
77. What is the fee for taking and certifying acknowledgements or proof of execution of a written instrument? - ANSWER: ➡ $2.00 per original signature witnessed.
78. What words can a notary public who is an attorney at law substitute for "notary public" in his stamp?

• ANSWER: ➡ "Attorney and Counselor at Law."

79. What must the notary public print, type, write or stamp beneath his signature in black ink? - ANSWER: ➡ a) "Notary Public State of New York" b) Name of county qualified. c) Commission expiration date. d) Certificate filed _____ county. e) Notary number assigned.
80. Does a notary accidentally leaving out required information below his signature render the act invalid? - ANSWER: ➡ No, the certificate of a Notary Public over his signature shall be evidence as presumptive. Acceptable or "OK" defect.
81. Is a notary public or a COD relieved of criminal liability or any other statute of law by reason of which the official act is ruled by the law valid in any case? - ANSWER: ➡ No, separate penalties and liability for damages exist even if an acceptable defect exists.

82. Can a notary public, Justice, Judge, clerk, deputy clerk, official examiner, mayor, recorder of city or Justice of Peace who is a stockholder, director, officer or employee of a corporation... take an acknowledgement or proof to or for that corporation? - ANSWER: ➡ Yes, unless he is a party executing such instrument.
83. What conditions or mistakes will not render the official acts of notary public or COD defective, impaired or invalid... unless a person wishing to overturn the conditions knew of the defect; the defect was apparent; and 6 months have not passed from the time of the official act? - ANSWER: ➡ ACCEPTABLE DEFECTS: a) Ineligibility to be appointed or commissioned. b) Misnomer or misspelling or error. c) Omission to take or file official oath or otherwise qualify. d) Expiration of term. e) Vacating office as a result of acts. f) Actions taken outside jurisdiction authorized to act in.
84. If the notary public willfully fails to comply with requirements to include information under his signature... what is the penalty?... and what if it is an accident? - ANSWER: ➡ Shall be subject to disciplinary action by Secretary of State. Willful = Misconduct - misdemeanor. By mistake = Slipshod Administration, while not a crime can still result in loss of license.
85. Describe the term "conveyance." - ANSWER: ➡ Written instruments of estates or real property created to transfer, mortgage, assign, affect, execution of power (revocation only), postponing or subordinating mortgage lien except at will, lease under 3 years, executor contract for sale or purchase of lands or power to convey real property as the agent or attorney for owner of property.
86. Who are the 4 people who can take the acknowledgement or proof within the state of a conveyance of real property situate in the state? - ANSWER: ➡ a) Justice Supreme Court. b) Official examiner of title. c) Official referre.

d) Notary Public

87. When a Justice, examiner of title, official referee or notary public take acknowledgement or proof of a conveyance, where can they do it? - ANSWER: ➡ Anywhere in New York State.
88. Can a corporation sign a document and have it notarized? - ANSWER: ➡ No, only a person with authority to represent the corporation can make proof or acknowledgement.
89. Be familiar with the real property differences of the certificates of acknowledgement proof for: a) Personal appearance b) Subscribing witrness - ANSWER: ➡ a) The personal appearance certificate is a long form of acknowledgements. b) The subscribing witness is for swearing witnesses to the acknowledgement.
90. Describe the certificate of acknowledgement or proof of conveyance general procedure. - ANSWER: ➡ a) Person taking it must endorse there upon or attach thereto a certificate signed by him. b) Certificate of endorsement must state all matters required to be done, known or proved. c) Must include the name and substance of the testimony of each witness examined before him and include subscribing witness place or residence.
91. How is the execution of a conveyance "proved" by subscribing witness? - ANSWER: ➡ a) States place of residence with street number, street name (if any). b) States he knew/knows the person described in and who executed the conveyance. c) Officer is personally acquainted with witness or has satisfactory evidence he is the same person who was a subscribing witness to the conveyance.
92. What are the requisites of acknowledgement? - ANSWER: ➡ An officer must not take an acknowledgement or proof unless he knows or has satisfactory evidence that the person making it is the person who executed such instrument.

93. For the two forms of certificates of acknowledgements or proof without this state... No provision of this section shall be construed to ____. - ANSWER: ➡ a) Cannot modify the choice of laws pursuant to which an acknowledgement or proof may be taken. b) Cannot modify the requirements for seal, certificate of authenticity purports to be taken in the manner prescribed by another state, district of Columbia territory, possession or foreign country.
94. What does the term "person" mean for uniform certificates of acknowledgement or proof within the state? - ANSWER: ➡ Any corporation, joint stock company estate general partnership, foreign limited or professional limited liability company, joint venture, limited partnership, natural person, attorney in fact, real estate investment trust or trust, custodian or nominee or any individual or entity in any capacity.
95. Be familiar with the differences of the two uniform certificates of the acknowledgement or proof without this state. - ANSWER: ➡ At the top of the certificates they say another state (other than NYS) or another territory or even a foreign country to indicate where the real estate is situated when outside our jurisdiction (NYS).
96. Can a married woman make an acknowledgement or a proof of conveyance or real property or any other written instrument? - ANSWER: ➡ Yes, same as unmarried woman.
97. In safety deposit boxes, when may the lessor (bank), open the box and remove and inventory its contents? - ANSWER: ➡ 2) Rental fee is not paid or at termination of lease. b) 30 days after proper notice given to the lessee. c) In the presence of a notary public only.
98. Is a certificate of authentication required from a county clerk in real property conveyances? - ANSWER: ➡ No, use of the evidence in the state of the instrument acknowledged or proved has been abolished.
99. In real property law, is the notary public limited to conveyances in the county where he is c ommissioned? - ANSWER: ➡ No, any and all limitations to act as notary public have been removed. In addition to administering oaths or taking affidavits anywhere in the state... you may also certify conveyances anywhere in the state.

100. When can the certificate of acknowledgment or proof of a conveyance of a real property be in another language provided they are written in English letter or characters? - ANSWER: ➡ There must be a translation in English duly executed and authenticated by the person executing and duly designated person for making translation by the county judge of the county or justice of Supreme Court or acknowledged and certified under oath.
101. Can a notary public solemnize marriages or take acknowledgement of parties and witness to a written contract of marriage? - ANSWER: ➡ NO!
102. Is a notary public authorized to authenticate a deposition in a civil proceeding? - ANSWER: ➡ YES, except on Sunday, unless it is a criminal deposition.
103. What is the procedure for notary public when after witnessing a less/bank remove and inventory the contents of a safety deposit box? - ANSWER: ➡ File certificate under seal, which states: a) Date of opening. (30 days after terminated). b) Name of lessee. c) List of contents. d) Bank must mail copy of notary public certificate to lessees within 10 days.
104. Can a notary public receive compensation directly or indirectly for preparing deed, mortgages, assignments, etc., or any action of any kind brought before any court of record? - ANSWER: ➡ No, none but for yourself and attorneys to practice in the state with these few exceptions. a) Officers of societies for the prevention of cruelty. b) Law students and graduates with special permission under the programs specifying activities engaged in. Must not have failed bar exam two times.
105. What is the criminal penalty for acting as an attorney where not permitted? - ANSWER: ➡ Misdemeanor.
106. Who can institute charges and punishment for criminal contempt on any person unlawfully practicing or that assumes to practice law? - ANSWER: ➡ a) Instituted on courts own motion. b) Motion on any officer charged with the duty of investigating and prosecuting.

c) By any bar association in the state.

107. Can a notary public counsel and advise the drawing of agreements, organization or corporation or draft legal documents? - ANSWER: ➡ No, that is illegally practicing law.
108. When can a notary public execute wills? - ANSWER: ➡ No, "the execution of wills under the supervision of a notary public cannot be too strongly condemned.
109. What is forgery in the second degree and what is the criminal charge / penalty? - ANSWER: ➡ When with intent to defraud, deceive or injure another person falsely makes, completes or alters a written instruments. Class D Felony, 3 to 7 years.
110. When is a notary public prohibited from charging a fee for certain official oaths? - ANSWER: ➡ A notary public cannot charge any public officer, including military officers.
111. What happens of a notary public is caught asking for or receiving more than the statutory allowance for administering the ordinary oath? - ANSWER: ➡ Criminal prosecution, civil suit for damages, possible removal from notary public commission.
112. What are the general rules on fees of public officers? - ANSWER: ➡ a) Execute without fee or reward unless expressly allowed by law. b) Charge no more than allowed. c) No fees charged in advance, unless expressly allowed by law. d) Violations of all of the above are subject to liability for treble damages and criminal charges as well as misconduct.
113. What is the penalty for executing the functions of notary public office before having taken and filing the required oath of office? - ANSWER: ➡ Misdemeanor.
114. What is the sentence or imprisonment penalty for: a) misdemeanor?

b) felony? - ANSWER: ➡ a) Class A Misdemeanor: definite imprisonment not to exceed 1 year. b) D Felony up to 7 years. c) E Felony up to 4 years.

115. What is the penalty for fraud or deceit making misstatements of fact in application for notary public appointment or for taking an oath that is known to be false? - ANSWER: ➡ a) Perjury - Felony. b) Removal from Office.
116. What are the sentences of imprisonment for a felony? - ANSWER: ➡ The maximum for the indeterminate sentence shall be at least 3 years and the fixed term is as follows: a) Class D Felony... not to exceed 7 years. b) Class E Felony... not to exceed 4 years.
117. Describe forgery in second degree and the penalty for conviction. - ANSWER: ➡ Intent to defraud, deceive or injure another and falsely make complete or alter a written instrument, which is or purports to be a deed, will, codicil contract assignment, commercial instrument or public record. Class D Felony.
118. Describe issuing a false certificate and the penalty. - ANSWER: ➡ Public servant with intent to defraud, deceived or injure another. Issues a legal instrument (notarizes it)
119. Describe official misconduct. - ANSWER: ➡ Public servant with intent to obtain benefit, injure or deprive another commits an act of unauthorized activity of knowingly refrains from performing a duty imposed. Misdemeanor.
120. Define perjury. - ANSWER: ➡ Willfully stating or giving false testimony on a material matter under oath by affirmation. Felony.
121. Define acknowledgement. - ANSWER: ➡ A declaration that written execution of an instrument was made... so that instrument/document is to be given evidence without further proof of execution.

122. What crime is making a fraudulent certificate of acknowledgement? - ANSWER: ➡ Class E Felony.. Sentence not over 4 years.
123. What are the damages recoverable from notary for making a false certificate? - ANSWER: ➡ Action for damages sustained where notary public cause someone to lose money as a result of a felony... then being sued in civil court.
124. What is an administrator? - ANSWER: ➡ A person appointed by court to manage the estate of deceased person who left no will.
125. Define affiant. - ANSWER: ➡ Person who makes and subscribes his signature to an affidavit.
126. Define affidavit. - ANSWER: ➡ A signed statement duly sworn where affiant personally appears and makes oath to notary public "Silent delivery" of a signed affidavit to notary public without oath is not enough for indictment.
127. What is the distinction between taking acknowledgement versus affidavits? - ANSWER: ➡ a) Acknowledgement: notary certifies identity and execution of a document, which can be signed ahead of time (not in front of notary public). Affidavit: Involves the administration of an oath to affiant who must say, "I do" in the presence of the notary public.
128. Define affirmation. - ANSWER: ➡ Solemn declaration for those who conscientiously decline taking sworn oath. Affirmation is just as binding as sworn oath. "Plan B"
129. What is an apostle? - ANSWER: ➡ Department of State authentication attached a notarized document that is county certified for possible international use.

130. How to attest. - ANSWER: ➡ Witness signature at request of person who makes it and subscribes the same as witness.
131. What is Attestation Clause? - ANSWER: ➡ That clause where the witnesses certify that the instrument has been executed before them and the manner of execution is stated therein.
132. What is notarial authentication? - ANSWER: ➡ Certificate by county clerk subjoined to proof of acknowledgement or oath authenticating or verifying notary public authority. $3.00 signature $5.00 official conduct
133. What is Bill of Sale? - ANSWER: ➡ Written instrument given to pass title of personal personal property from vendor to vendee.
134. What is a certified copy? - ANSWER: ➡ Copy signed and certified as true by the public official having custody of the original. The notary public cannot make certified copies.
135. Define chattel. - ANSWER: ➡ Personal property such as household goods or fixtures.
136. What is Chattel Paper? - ANSWER: ➡ Security agreement writings to evidence obligation to pay and security interest in lease or specific goods.
137. What is codicil? - ANSWER: ➡ Modifies a will.
138. What is a consideration? - ANSWER: ➡ Anything of value given to induce entering into a contract. It could be money, personal services or even Love and affection.
139. Define contempt of court. - ANSWER: ➡ Behavior disrespectful of the authority of a court that disrupts the execution of court orders.
140. What is a contract? - ANSWER: ➡ a) Agreement. b) Two competent parties.

c) Legal consideration.

141. What is a conveyance? - ANSWER: ➡ Every instrument in writing except a will where an estate or real property is created, transferred, assigned or surrendered.
142. Define a deponent. - ANSWER: ➡ Same as affiant. A person deposed who makes the oath to a written statement in a deposition. Swears.
143. What is a deposition? - ANSWER: ➡ Testimony of a witness taken out of court under oath of affirmation, to be used in court at a later date.
144. Define duress. - ANSWER: ➡ Unlawful constraint forcing someone to do an act against his will.
145. Define escrow. - ANSWER: ➡ Placing an instrument in the hands of a person as a depository to later deliver it to a third person. The agreement should be inalterable.
146. What is an executor? - ANSWER: ➡ One named in a will to carry out the provisions of the will.
147. What is an ex parte? - ANSWER: ➡ A hearing or examination in presence of or on papers filed by one party in the absence of the other.
148. Define felony. - ANSWER: ➡ Crime punishable by death or imprisonment in the state prison.
149. What is a guardian? - ANSWER: ➡ Person in charge of a minor's person or property.
150. Define judgment. - ANSWER: ➡ Decree of court declaring one indebted to another and fixing the amount.

151. Define jurat. - ANSWER: ➡ The part of affidavit where the notary public certifies that i8t was sworn before and place directly after the signature as follows: "Sworn to before me this ___ day of ___ 20___."