Notary Public Laws and Regulations in New York State, Exams of Constitutional Law

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The simplest form in which an oath may be lawfully administered ✔✔"Do you solemnly swear that the contents of this (affadavit) subscribed by you is correct and true?" (Bookman v. City of New York) The simplest form in which an affirmation may be lawfully administered ✔✔"Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true & correct?" Define " conveyence" ✔✔Every written instrument, by which any estate or interest in real property is created, transferred, mortaged or assigned, or by which the title to any real property may be affected. Acknowledgement or proof of a conveyence of real property within the state may be made before: (4 examples) ✔✔1. A justice of the supreme court

2. An official examiner of title
3. An official referee
4. A notary public

NYS Notary Public License law/LATEST UPDATE 2025 WITH

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The acknowledgement or proof of conveyance of real property within the district the officer is authorized to perform may be made before : (5 examples) ✔✔1. A judge or clerk of any court of record.

2. A comissioner of deeds (NYC)
3. The Mayor or recorder of a city
4. A surrogate, special surrogate, or special county judge
5. The county clerk or other recording officer of a county Requirements of "Proof by a subscribing witness" ✔✔1. Witness must state residence
6. Witness must state he knew the person described in and who executed the conveyence
7. Positive identification must be provided or the officer must know the subscribing witness personally Define "Apostille" ✔✔A certificate attached to a notarized and county clerk-certified document. It is a certification by the Secretary of State that the attached certification by the County Clerk is bonafide. Routinely involved with matters involving the filing of documents with another nation.

Matter of Flynn 142 Misc.7 ✔✔A notary public is warned against taking the acknowledgement of a will in this case because it may be potentially misleading to the general public. Causing the notary to look as if acting as a lawyer. Define " Statute of Frauds" ✔✔A law which requires certain contracts to be in writing in order to be legally enforceable. The legally required recitation by a notary before taking an acknowledgement: ✔✔"Do you acknowledge that this is your signature and that you freely and willfully executed thid document for the purposed contained in it?" The sentence of imprisonment for a class a misdemeanor shall not exceed: ✔✔ 1 year A public servant is guilty of official misconduct when: ✔✔with intent to obtain a benefit or deprive a benefit from another person he (1) committs an act relating to his office, but constituting and unauthorized exercise of his official functions, or (2) refrains from performing a duty imposed apon him by law. Official misconduct is classified as a: ✔✔Class a misdemeanor

Within ------- days of such change a change of address must be communicated in writing to the department of state ✔✔ 5 days A notary public who, in the performance of their duties pratices any fraud or deciet is guilty of a , and may be removed from office. ✔✔Fraud and deciet are considered misdemeanor. The notary may be removed from office if the notary made a misstatement of a material fact in his application or for taking an oath of a affiant to a statement that the notary knew was false. One who acts as a notary before taking their oath of office is guilty of a. ✔✔Misdemeanor Public Officer's Law (15) Class D Felony ✔✔Term of imprisonment shall not exceed 7 years Class E Felony ✔✔Term of imprisonment shall not exceed 4 years Define Forgery in the second degree ✔✔with intent to defraus, decieve or injure, he falsely makes, completes, or alters a written instrument, including:

Deed, will, codicil, contract, assignment, public record, instrument. Forgery in the second Degree is a Class ✔✔Forgery in the second degree is a class D Felony Define Issuing a false certificate ✔✔Issuing an instrument knowing that it contains a false statement or information with the intent to defraut, decieve or injure another person. Issuing a false certificate is a Class ✔✔Issuing a false certificate is a class E Felony. Refusal to perform duties as a notary is a (People vs. Brooks) ✔✔Refusal to perform duties is a misdemeanor under Penal Law Define "Acknowledgement" ✔✔A formal declaration before a duly authorized officer by a person who has executed an insttrument that such execution is his act and deed.

A notary that knowingly makes a false certificate that was acknowledged by a party thereto is guilty of ✔✔...forgery in the second degree, which is a Class D Felony, punishible by up to 7 years in prison. Define Laches ✔✔The delay or neglegance in asserting one's legal rights. Define Deposition ✔✔The testimony of a witness taken out of court or other hearing proceeding, under oath or affirmantion, before a notary public or other offical person, before whom such testimony is intended to be used at a trial or hearing. Recite " Jurat" ✔✔" Sworn to before me this ----day of ----, --- " Define Jurat ✔✔Part of a affadavit where the officer certifies that it was sworn to before them. This is NOT the affadavit. Define Ex Parte ✔✔A hearing or examination in the presence of , or on papers filed by, one party inthe absence the another

Define Oath ✔✔A verbal pledge given by the person taking it that the statements are made under an immediate sense of responsibility to God, whi will punish the affiant if the statements are false. An oath may / may not be taken over the telephone ✔✔An oath must be taken by the notary in person. (Matter of Napolis) Assent to an oath must be experssed in what words ✔✔" I do" or some other words of like meaning constitute an affiants assent to an A notary may administer an oath or take a affadavit or acknowledgement on Sunday. What must not be done on Sunday. ✔✔A Deposition in a civil proceeding may NOT be taken on Sunday. Fee for swearing witness ✔✔2. Fee for Proof of Execution (each person) ✔✔2. Fee for a protest note, commercial paper ✔✔.

Fee for each additional Notice of Protest / Notice of Dishonor up to five ✔✔. Fee for Oath or Affirmation ✔✔2. Notaries who expect to sign documents regularly in counties other than that of their residence may file. ✔✔...certificate of official character which can be filed with other NYS County clerks. May a notary public take an acknowledgement of a will? ✔✔The execution of wills under the supervision of a Notary Public is not permitted. No person shall be appointed as a Notary who has been convicted of a felony unless they... ✔✔have recieved an executive pardon or a certificate of good conduct from the State Parole Board. A certificate of relief is insufficient to restore elegibility to hold any public office. Cost to obtain an apostile from the NY Department of State: ✔✔10.

Must an oral oath be administered to an affiant even though the affiant is personally known by the notary ✔✔This is required per Civil Pratice Law and rules 2309 (b) even if the notary and affiant are acquainted personally The source of the official State Forms of ceremonies for oaths and affirmations is. ✔✔The Civil Pratice aw and rules is the source for the official state forms for and . Define: Authentication certificate ✔✔A certification subjoined by a county clerk to any certificate of acknowledgement or proof , or oath certificate, signed by a notary public is a ....