NYS Notary Exam Study Guide, Exams of Public Law

Download NYS Notary Exam Study Guide and more Exams Public Law in PDF only on Docsity! NYS Notary Exam Study guide NYS Notary Exam Study guide (questions with verified answers )100% correct What are individuals who receive services from a notary properly termed as? Consitituents What are some of the commonly performed services of a notary? 1. Taking acknowledgements; 2. Administering oaths and affirmations; 3. Executing affidavits; and, 4. Taking depositions. Is a NP considered a commissioned public officer? Yes. A NP is appointed by the New York Secretary of State vested by Executive Law. What is the commission's term? And, how can it be renewed? The length of a NP commission is four (4) years. After four years have passed, the NP commission may be renewed without having to re-take the exam provided that renewal paperwork is submitted within six (6) months of the term's expiration. Once a document becomes notarized, is the document considered admissible in court? Yes. The document is presumed valid and establishes "prima facia" evidence, sometimes called presumptive evidence. NYS Notary Exam Study guide What is the jurisdiction of a New York State notary? The jurisdiction extends throughout all 62 counties of the state. What if a constituent who lives out of state is seeking a NYS notary? When a NP meets with constituents seeking notary services, the meeting must take place within the boundaries of New York State. The NYS notary cannot travel to other states to perform notary services unless duly commissioned or licensed on those other states as well. Why are notaries needed? Notaries are needed to prove the authenticity of signatures, compel truthfulness and assist in minimizing fraud. What are notaries NOT responsible for? Notaries do not guarantee the truth or accuracy of statements in the document being notarized. Who, in New York State, may not be a notary public? 1. A County Sheriff cannot serve as a notary due to a state law that bars sheriffs from holding any other public office; 2. A convicted felon. What exam would a practicing attorney in New York be required to take to serve as a notary? Attorneys who are admitted to the NYS Bar and are practicing in New York State are not required to sit for the Notary Public Exam - they must, however, submit an application and pay the mandatory fee. Are court clerks automatically commissioned as notaries? NYS Notary Exam Study guide Divide or agree to divide their fees with a lawyer or accept any part of a lawyer's fee on any legal business. What is another (4th) thing a notary public may not do? hint: A Advertise in or circulate in any paper or advertisement that they have any powers or rights not given to the notary by the laws under which the notary was appointed. Is an acknowledgment of the execution of a will the equivalent of an attestation clause accompanying a will? No. At the time of a notary publics appointment, what must they be? A citizen of the US & a resident of NYS or have an office or place of business in NYS. After being commissioned, what does a notary public receive? An identification card indicating the appointee's name, address, county & commission term. How much does it cost to change the name or the address of a notary public? $10. How much does it cost to have issued a duplicate identification lost (to replace one that was lost, destroyed or damaged)? $10. NYS Notary Exam Study guide Where can a notary public file his autograph signature and certificate of official character? In the office of any county clerk of any county in the STate. How much does it cost to submit a certificate of official character? $10 to the State, $10 to the county clerk, $5 for each certificate issued to the county clerk. What costs $3? Certification of notarial signatures. Who cannot be a notary public? Any person removed from office as a commissioner of deeds for the City of New York. Acting as a notary may be deemed a misdemeanor. Is a commissioner of elections or inspector eligible for the office of notary public? Yes. Who cannot be a notary public (2)? hint: army Those convicted of a violation of the selective draft act, or of the federal selective training and service act. Who does not have to pay an exam or application fee to be a notary public? They who have been designated from the county clerk's office. NYS Notary Exam Study guide Can a member of the legislature be appointed a notary public? Yes. Can sheriffs be notaries public? No. When are notaries disqualified to act? When they have an interest in the case. What can the signature and seal of a county clerk be? A facsimile, printed, stamped, photographed or engraved. Can a notary public take the acknowledgment or proof of any party to a written instrument executed by a corporation they are employed by or have direct ties to? Yes unless they are a party executing the instrument. What defects cannot be deemed invalid? 1-3 1. ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such. 2. misnomer or misspelling of name or other error made in his appointment or commission. 3. omission of the notary public/commissioner of deeds to take or file his official oath or otherwise qualify. NYS Notary Exam Study guide What is the maximum sentence for a class D felony? 7 years what is the maximum sentence for a class E felony? 4 years. What is the maximum sentence for a class A misdemeanor? 1 year The formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Acknowledgment A person appointed by the court to manage the estate of a deceased person who left no will. Administrator The person who makes and subscribes his signature to an affidavit. Affiant. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer. Affidavit. NYS Notary Exam Study guide What is the difference between an acknowledgment and an affidavit? An acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant. A solemn declaration made by persons who conscientiously decline taking an oath. An affirmation Department of State authentication attached to a notarized and county-certified document for possible international use. Apostile To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness. Attest The clause wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same. Attestation clause. A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary. Authentication (Notarial) NYS Notary Exam Study guide A written instrument given to pass title of personal property from vendor to vendee. Bill of sale A duplicate of a public record signed and identified as a true duplicate by the public official having custody of the original. Certified copy. Personal property, such as household goods or fixtures. Chattel A writing or writings which evidence both an obligation to pay money & security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement. Chattel paper An instrument made subsequent to a will and modifying it in some respects. Codicil Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. Consideration Behavior disrespectful of the authority of a court which disrupts the execution of court orders. NYS Notary Exam Study guide The delay or negligence in asserting one's legal rights Laches A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will. Lease A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. Lien The act of carrying on a lawsuit. Litigation Any crime other than a felony. Misdemeanor An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond. Mortgage on real property NYS Notary Exam Study guide A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath. Notary public A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false. Oath A person who starts a suit or brings an action against another. Plaintiff A written statement by an individual giving another person the power to act for him. Power of Attorney The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument. Proof NYS Notary Exam Study guide A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused. Protest It is no longer required to be used by a notary public. Seal What shall the signature of the notary public include? The name he was appointed, the venue, and Notary PUblic State of new york, the county in which he was qualified and the date upon which his comission expires. A law established by an act of the legislature Statute State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. Statute of Frauds A law that limits the time within which a criminal prosecution or a civil action must be started. Statute of limitations