Nys (New York State) Notary Public License Exam Questions With Answers 2024, Exams of Public Law

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A notary at the time of appointment must be either a NYS resident or have a place of business in New York State? - CORRECT ANSWERTRUE - a notary must also be a united states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS? - CORRECT ANSWERTRUE - how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public. In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education? - CORRECT ANSWERTRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks The Secretary of State can remove a notary without serving a copy of the charges against him? - CORRECT ANSWERFALSE - the secretary of state must serve the charges and give him an opportunity to be heard. No person shall be appointed a notary who has been convicted of any misdemeanor. - CORRECT ANSWERFALSE- a person cannot be appointed a notary if convicted of a felony No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs? - CORRECT ANSWERTRUE

• also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board). An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS? - CORRECT ANSWERTRUE - this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State. The secretary of state shall receive a fee of $20 for changing the name or address of a notary public - CORRECT ANSWERFALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10. Only the secretary of state may issue a certificate of official character. - CORRECT ANSWERFALSE- the county clerk may also issue a certificate of office The secretary of state shall collect $10 for the issuance of a certificate official character? - CORRECT ANSWERTRUE - the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached

A certification of a notarial signature is issued by the court? - CORRECT ANSWERFALSE - a certification of a notarial signature is issued by the county clerk for a fee of $ No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds - CORRECT ANSWERTRUE - also not eligible for appointment as a notary public A commissioner of elections or inspector of elections is not eligible for the office of notary public. - CORRECT ANSWERFALSE- they are eligible for appointment as notary public No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of MAY 18, 1917? - CORRECT ANSWERTRUE- also not eligible if convicted of a violation of the selective training and service act of 1940 There shall be at least one person in the county clerk's office who shall notarize documents for the public free of charge. - CORRECT ANSWERTRUE- that person shall be exempt from the notary public examination fee and application fee. A member of the legislature may not be appointed a notary public? - CORRECT ANSWERFALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public - CORRECT ANSWERFALSE- Sheriffs cannot hold any other office A notary public shall not notarize a paper if he has a pecuniary interest in the transaction - CORRECT ANSWERTRUE- such notarization would be invalid The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped. - CORRECT ANSWERTRUE- also may be photographed or engraved thereon A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public's actions - CORRECT ANSWERFALSE- a notary public is liable for such damages A person not commissioned a notary public who acts as a notary public is guilty of a felony. - CORRECT ANSWERFALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor A notary public who is licensed as an attorney in NYS may substitute the words "attorney and counselor at law" for "notary public" - CORRECT ANSWERTRUE- also, in NYC all notaries must affix to each instrument their official number

No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137 - CORRECT ANSWERTRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument. - CORRECT ANSWERTRUE- also if the notary public is a director or agent of such corporation An official certificate of a notary may be valid even if his term of office had expired. - CORRECT ANSWERTRUE- also valid if there is a misspelling or other error made in his appointment or commission An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned - CORRECT ANSWERTRUE- also may be valid if there was an omission of the notary public to take or file his official oath. An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office. - CORRECT ANSWERTRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act The term "lien" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned. - CORRECT ANSWERFALSE- the definition applies to the legal term "conveyance" The term "conveyance" does not include a will or lease for a term not exceeding 3 years. - CORRECT ANSWERTRUE - also does not include an executor contract for the sale or purchase of lands Acknowledgement or proof may be made before a justice of peace in a county containing town, village or city where he is authorized to perform duties - CORRECT ANSWERTRUE- applies also to town councilman, village police justice or judge of court of any inferior jurisdiction Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman. - CORRECT ANSWERFALSE- it may be made by a single woman or a married woman A subscribing witness must state his place of residence but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and how executed the instrument - CORRECT ANSWERFALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance.

A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach certificate signed by a country clerk - CORRECT ANSWERFALSE- the certificate must be signed by the person taking the acknowledgment of proof An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured - CORRECT ANSWERFALSE- he is liable for damages to the person injured A conveyance of real property shall not be recorded unless it is in the english language.

• CORRECT ANSWERFALSE- may be recorded if there is attached to it an official translation proved and authenticated in a manner required of conveyances for recording in NYS A deposition (may/may not) be taken before a notary public in a civil proceeding? - CORRECT ANSWERa deposition may be taking before a notary public in a civil proceeding Within __ days of the opening of a the safe deposit box, a copy of the notary public's certificate must be mailed to the lessee at his last known postal address - CORRECT ANSWER10 days also the box cannot be opened by the lessor until 30 days after notice to the lessee A notary public (has/has not) authority to solemnize marriages? - CORRECT ANSWERdoes not have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage The oath of a public officer (may/may not) be administered by a notary public. - CORRECT ANSWERAn oath to an official may be administered by a notary public. A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS - CORRECT ANSWERTRUE- there is an exemption for the officers of societies for the prevention of cruelty and certain law students. Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney - CORRECT ANSWERTRUE- notaries public are expressly prohibited from drawing up wills. a notary public is not a public officer - CORRECT ANSWERFALSE- a notary is a public officer and must not act without having and duly filed the required oath of office A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _____ - CORRECT ANSWERmisdemeanor, the oath must be as prescribed by law

A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law. - CORRECT ANSWERTRUE- also a public officer cannot charge more for the service than is allowed by law A public officer cannot receive a fee in advance of rending the service? - CORRECT ANSWERFALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him An officer who violates the fee provisions is liable for treble damages to the person aggrieved - CORRECT ANSWERTRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office The maximum term of an indeterminate sentence shall be at least ____ years. - CORRECT ANSWER3 years, the term is fixed by the judge For a class ___ felony, the term shall be fixed by the court and shall not exceed 7 years

• CORRECT ANSWERD A sentence of imprisonment for a class "a" misdemeanor shall be a ___ sentence - CORRECT ANSWERmaximum of one year of a misdemeanor A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument - CORRECT ANSWERSecond degree Forgery in the second degree is a class ___ felony - CORRECT ANSWERD Issuing a false certificate is a class ___ felony - CORRECT ANSWERE Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions - CORRECT ANSWERTRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office An officer before whom an oath or affidavit may be taken is bound to administer the same when required. - CORRECT ANSWERTRUE- refusal to do so is a misdemeanor A person is guilty of perjury if under oath or ___ he has given false testimony - CORRECT ANSWERAFFIRMATION- the testimony must have been given on a material matter An ___ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed. - CORRECT ANSWERacknowledgement- the officer must know that the person making it is the person described and who executed the instrument

It is not essential that the person who executed the instrument sign his name in the presence of the notary. - CORRECT ANSWERTRUE- however, taking acknowledgements over the phone is illegal A notary who takes an acknowledgment over the telephone is guilty of a _____. - CORRECT ANSWERmisdemeanor Unless the person who makes the acknowledgment appears in front of the notary, the notary's certificate that he so came is _____. - CORRECT ANSWERFraudulent Making a false certificate is forgery in the _____ degree - CORRECT ANSWERSecond A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest. - CORRECT ANSWERshould not An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will. - CORRECT ANSWERadministrator a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths. - CORRECT ANSWERaffidavit An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use - CORRECT ANSWERApostile An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary. - CORRECT ANSWERAuthentication Is an _____ the witness certify that the instrument has been executed before them, and the manner of the execution of the same. - CORRECT ANSWERAttestation clause An ___ is a solemn declaration made by persons who conscientiously decline taking an oath - CORRECT ANSWERAffirmation A ______ is a written instrument given to pass title of a personal property from vendor to vendee. - CORRECT ANSWERbill of sale ____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods - CORRECT ANSWERchattel paper a __ is an instrument made subsequent to a will and attached to the will - CORRECT ANSWERcodicil ___ is anything of value given to induce someone to enter into a contract - CORRECT ANSWERconsideration

a ___ is a copy of a public record signed and certified as true copy by the public official having custody of the original. - CORRECT ANSWERcertified copy Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _____ - CORRECT ANSWERcontempt of court A ___ is an agreement between competent parties to do or not do certain things for legal consideration. - CORRECT ANSWERcontract Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as - CORRECT ANSWERconveyance Another term for County clerk's certificate is ___ - CORRECT ANSWERauthentication A _____ is one who makes an oath to a written statement - CORRECT ANSWERdeponent A __ is the testimony of a witness taken out of court, before a notary or other person. - CORRECT ANSWERdeposition Constraint exercised upon a person whereby he is forced to do some act against his will is known as - CORRECT ANSWERduress _____ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person. - CORRECT ANSWERescrow An ___ is one named in a will to carry out the provision of the will - CORRECT ANSWERexecutor ____ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other - CORRECT ANSWEREx parte A __ is a crime punishable by death or imprisonment over one year - CORRECT ANSWERfelony A __ is a person in charge of a minor's person - CORRECT ANSWERguardian A ___ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness - CORRECT ANSWERjudgement The ___ appoints and commissions notaries public in New York State. - CORRECT ANSWERSecretary of State The jurisdiction of notaries public is ______ - CORRECT ANSWERNew York State

Notaries public are appointed for ___ years - CORRECT ANSWER4 years Applications for notaries public are as prescribed by - CORRECT ANSWERthe secretary of state Attorneys and __ are exempt from taking the notary public exam - CORRECT ANSWERcertain court clerks Applicants for notary public must have the equivalent of a ___ school education - CORRECT ANSWERcommon school The ___ may suspend or remove a notary public from office - CORRECT ANSWERSecretary of state A person convicted of a ___ cannot be appointed a notary public. - CORRECT ANSWERfelony A person convicted of unlawfully possessing or distributing habit forming narcotic drugs (can/cannot) be appoint a notary public - CORRECT ANSWERcannot A person sought to be removed as a notary public must be served a copy of the charges - CORRECT ANSWERtrue An oath of ___ shall be submitted to the secretary of state with the application for notary public. - CORRECT ANSWERoffice The fee for notary public appointment is __ - CORRECT ANSWER$ The notary public identification card contains the appointee's name, address, county and ______ - CORRECT ANSWERcommission term The secretary of state must send $20 fee to the _____ by the 10th day of the following month - CORRECT ANSWERcounty clerk The ___ makes an index of commissions and official signatures transmitted by the county clerk. - CORRECT ANSWERsecretary of state The __ issues reappointment commissions to notaries public - CORRECT ANSWERcounty clerk the ___ shall receive a fee of $60 from each applicant for reappointment - CORRECT ANSWERcounty clerk The county clerk shall transmit to the secretary of state ____ from the fee for reappointment - CORRECT ANSWER$

Generally, the secretary of state shall receive a non refundable fee of __ for changing the name or address of a notary. - CORRECT ANSWER$ The secretary of state may issue a duplicate identification card for a fee of _____ - CORRECT ANSWER$ The county clerk where the notary commission is filed or the __ may certify as to the official character of such notary public - CORRECT ANSWERsecretary of state The secretary of state shall collect for a certificate of official character issued by him the sum of $____ - CORRECT ANSWER$ The county clerk charges a fee of $__ to file a certificate of official character - CORRECT ANSWER$ A person convicted of a violation of the selective draft act of the US (is/is not) eligible for appointment as notary public? - CORRECT ANSWERis not Each county clerk shall designate at least __ of his staff to act as notary public to notarize documents during business hours at no charge - CORRECT ANSWERone A sheriff (may/may not) hold another office? - CORRECT ANSWERmay not A member of the legislature (may/may not) be appointed a notary public - CORRECT ANSWERmay A notary public who is pecuniarly interested in a transaction (is/is not) capable of acting as a notary public in that case - CORRECT ANSWER