NYS Notary Exam Study guide Questions & Answers(2024 LATEST UPDATE)100% Verified, Exams of Commercial Law

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NYS Notary Exam Study guide

Questions & Answers(2024 LATEST

UPDATE)100% Verified

Who are notaries public commissioned by? -ANSWER The Secretary of State To whom is an application submitted to become a notary public? -ANSWER The Division of Licensing Services. How much is an application to become a notary public? -ANSWER $60. What is included in the application to become a notary public? -ANSWER An oath of office, duly executed before any person authorized to administer an oath, together with their signature. What must also be included in the application to become a notary public? -ANSWER A pass slip indicating they have taken and passed the exam. How long is the term of commission as a notary public? -ANSWER 4 years Where are notary publics commissioned? -ANSWER In their counties of residence. Where can the public verify the official signature of a notary? -ANSWER The county clerk's office. When is authentication of a notary's signature obtained? -ANSWER When a document will be used outside the State. What should notaries do when they expect to sign documents regularly in counties other than their residence? -ANSWER File a certificate of official character with other New York state county clerks. Which nonresidents may be allowed to be a notary in a state? -ANSWER Attorneys who maintain law offices within the State, and others who have offices or places of business in NYS. Where must the oath of office and signature be filed for an out-of-state resident who is a notary? -ANSWER The office of the county clerk of the county in which the office or place of business is located. When is taking an acknowledgment and affidavit illegal? -ANSWER Without the actual, personal appearance of the individual, (i.e. over the phone or otherwise).

What are the simplest forms in which an oath may be lawfully administered? -ANSWER Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true? What is another way to affirm for those who decline taking an oath? -ANSWER Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct? What is the is one (1st) thing a notary public may not do? hint: A -ANSWER Give advice on the law (i.e. cannot draw legal papers like wills, deeds, bills of sale, etc) What is another (2nd) thing a notary public may not do? hint: B -ANSWER Ask for and get legal business to send to a lawyer with whom they have any business connection What is another (3rd) thing a notary public may not do? hint: D -ANSWER 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 -ANSWER 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? -ANSWER No. At the time of a notary publics appointment, what must they be? -ANSWER 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? -ANSWER 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? - ANSWER $10. How much does it cost to have issued a duplicate identification lost (to replace one that was lost, destroyed or damaged)? -ANSWER $10. Where can a notary public file his autograph signature and certificate of official character? -ANSWER 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? -ANSWER $10 to the State, $10 to the county clerk, $5 for each certificate issued to the county clerk. What costs $3? -ANSWER Certification of notarial signatures.

Who cannot be a notary public? -ANSWER 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? - ANSWER Yes. Who cannot be a notary public (2)? hint: army -ANSWER 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? -ANSWER They who have been designated from the county clerk's office. Can a member of the legislature be appointed a notary public? -ANSWER Yes. Can sheriffs be notaries public? -ANSWER No. When are notaries disqualified to act? -ANSWER When they have an interest in the case. What can the signature and seal of a county clerk be? -ANSWER 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? - ANSWER Yes unless they are a party executing the instrument. What defects cannot be deemed invalid? 1-3 -ANSWER 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. What defects cannot be deemed invalid? 4-6 -ANSWER 4. expiration of his term, commission or appointment
4. vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part
5. the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act. When can the defects not be deemed invalid? -ANSWER After six months from the date of the official certificate. What does conveyance include? -ANSWER Every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by

which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien. What does conveyance not include? -ANSWER A will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, an instrument containing a power to convey real property as the agent or attorney for the owner of such property. Where can the acknowledgment or proof of a conveyance of real property be made, within the state? -ANSWER Before a justice of the supreme court, an official examiner of title, an official referee, or a notary public. Where can the acknowledgment or proof of a conveyance of real property be made, within the district wherein such officer is authorized to perform? -ANSWER Before a judge or clerk of any court of record, a commissioner of deeds outside of NYC, or w/in the 5 counties of NYC, the mayor or recorder of a city, a surrogate, special surrogate or special county judge, or the county clerk or other recording officer of a county. Where can the acknowledgment or proof, within the county containing the town in which the notary is authorized, of a conveyance of real property be made? -ANSWER Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction. What must a person taking the acknowledgment or proof of a conveyance do? - ANSWER They must endorse or attach a signed certificate, stating all the matter required to be done, known, or proved by the acknowledgment or proof. Where can a notary public administer oaths or take affidavits? -ANSWER Anywhere in the state. When can a safe deposit box be opened? -ANSWER In the presence of a notary public, at least 30 days after giving proper notice to the lessee. Can a notary public solemnize marriages? -ANSWER No, nor take the acknowledgment of parties and witnesses to the contract of marriage. Can an NP administer the oath of a public officer? -ANSWER Yes. What is the maximum sentence for a class D felony? -ANSWER 7 years what is the maximum sentence for a class E felony? -ANSWER 4 years. What is the maximum sentence for a class A misdemeanor? -ANSWER 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. -ANSWER Acknowledgment A person appointed by the court to manage the estate of a deceased person who left no will. -ANSWER Administrator The person who makes and subscribes his signature to an affidavit. -ANSWER Affiant. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer. -ANSWER Affidavit. What is the difference between an acknowledgment and an affidavit? -ANSWER 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. - ANSWER An affirmation Department of State authentication attached to a notarized and county-certified document for possible international use. -ANSWER 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. -ANSWER Attest The clause wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same. -ANSWER Attestation clause. A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary. -ANSWER Authentication (Notarial) A written instrument given to pass title of personal property from vendor to vendee. - ANSWER 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. -ANSWER Certified copy. Personal property, such as household goods or fixtures. -ANSWER 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. -ANSWER Chattel paper An instrument made subsequent to a will and modifying it in some respects. -ANSWER Codicil

Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. -ANSWER Consideration Behavior disrespectful of the authority of a court which disrupts the execution of court orders. -ANSWER Contempt of court An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses. - ANSWER Contract Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. -ANSWER Conveyance (Deed). One who makes oath to a written statement -ANSWER Deponent The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer, or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing. -ANSWER Deposition Unlawful constraint exercised upon a person whereby he is forced to do some act against his will -ANSWER Duress The placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable. -ANSWER Escrow One named in a will to carry out the provisions of the will. -ANSWER Executor A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. -ANSWER Ex Parte A crime punishable by death or imprisonment in a state prison. -ANSWER Felony A person in charge of a minor's person or property. -ANSWER Guardian Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. -ANSWER Judgment part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. -ANSWER Jurat The delay or negligence in asserting one's legal rights -ANSWER 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. -ANSWER Lease A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. -ANSWER Lien The act of carrying on a lawsuit. -ANSWER Litigation Any crime other than a felony. -ANSWER 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. -ANSWER Mortgage on real property 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. -ANSWER 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. -ANSWER Oath A person who starts a suit or brings an action against another. -ANSWER Plaintiff A written statement by an individual giving another person the power to act for him. -ANSWER 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. -ANSWER Proof 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. -ANSWER Protest It is no longer required to be used by a notary public. -ANSWER Seal What shall the signature of the notary public include? -ANSWER 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 -ANSWER Statute

State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. -ANSWER Statute of Frauds A law that limits the time within which a criminal prosecution or a civil action must be started. -ANSWER Statute of limitations A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. -ANSWER Subordination clause A notary public may administer an oath or take an affidavit or acknowledgment on this day. However, a deposition cannot be taken on this day in a civil proceeding. -ANSWER Sunday This term includes every mode authorized by law for administering an oath. -ANSWER Swear The act of the person named in an instrument telling the notary public that he is the person named in the instrument and identifying that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person. -ANSWER Taking an acknowledgment The geographical place where a notary public takes an affidavit or acknowledgment -ANSWER Venue The disposition of one's property to take effect after death. -ANSWER Will How much does it cost for a protest of note, commercial paper, etc? -ANSWER .75$ How much is an oath or affirmation, acknowledgment, proof of execution, or swearing of a witness? -ANSWER $