NYS NOTARY EXAMS AND STUDY GUIDE WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED RAT, Exams of Nursing

Download NYS NOTARY EXAMS AND STUDY GUIDE WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED RAT and more Exams Nursing in PDF only on Docsity!

NYS NOTARY EXAMS AND STUDY GUIDE

WITH ACTUAL CORRECT QUESTIONS

AND VERIFIED DETAILED RATIONALES

ANSWERS 2024 (NEWEST) ALREADY

GRADED A+

1. If a Notary refuses to notarize an affidavit presented for NY notary Mobile services. What is the potential maximum jail sentence? A. One month. B. Three months C. Six months. D. One Year

D. One Year

2. The notary certificate of a witness to the execution of a real estate conveyance is called a: A. Qualified resident. B. Official Character C. Proof certificate D. None of the above

C. Proof certificate

3. Which of the following is in the requirements to become a Notary Public in New York? A) Be at least 18 years old. B) No special education or common school level C) Be a resident and or a qualified non-resident resident D) All the above.

D) All the above.

4. If a Notary moves to another state but still works in NYS he/she: A) Will pay an additional $15 out of state fee B) No longer is qualified C) Must get NY driver's license D) Still is a qualified non-resident-resident".

D) Still is a qualified non-resident-resident".

5. Which of the following are errors a notary can make that will not make the foregoing instrument get unrecorded? A) If the Notary Public was purporting to be a notary but was not licensed. B) If the Notary Public commission was expired.

C) If a New York Notary notarizes in another state. D) All the above.

D) All the above.

6. If your neighbor you know asks you to notarize an affidavit you must? A) Administer an Oath of office. B) Administer an Oath & fill out the Jurat. C) Require a government issued, photo identification. D) Do a Protest for Non Payment certificate.

B) Administer an Oath & fill out the Jurat.

7. What is the name of the location where the Notary notarizes something? A) Protest for non-payment B) Venue. C) Affidavit D) Mobile Notary

B) Venue.

8. Which of the following activities may a non-attorney Notary perform? A) Explain to people what they are signing. B) Make a certified original certificate on a government document photocopy. C) Contracts of marriage within NY State borders. D) Administer an oath of office for a military officer.

D) Administer an oath of office for a military officer.

9. What is the County Clerk fee for a certificate of Official Character? A) $ B) $5. C) $11. D) No charge because it's a free service to the general public.

B) $5.

10. Which of the following acts can be performed by a Notary Public on Sunday? A) Certified original certificate of government doc photocopy. B) Affidavit C) Someone's signature to their own will by non-attorney notary. D) A contract of marriage

B) Affidavit

11. What is every instrument in writing, except a will that transfers real estate interests? A) Conveyance B) Escrow C) Vendor receipt D) Duress

A) Conveyance

12. Latin name for the words, "Sworn to before me this _______ day of ______". A) Pro Se B) The Oath. C) The Affirmation. D) Jurat

D) Jurat

13. What is a New York State Notary Public conflict of interest? A) Knowing the affiant personally. B) When you like somebody. C) When the document is from your company. D) Legal Consideration

D) Legal Consideration

14. A deponent is? A) One named in a will to carry out the provisions. B) The testimony of a witness taken out of court under oath/affirmation. C) An agreement. D) Someone ordered to a hearing out of court called a deposition.

D) Someone ordered to a hearing out of court called a deposition.

15. What is the notary fee for a protest of non-payment? A) .75 cents for the first one and .10 cents thereafter limit of 5 B) $25 for unlimited within 24 hrs. C) $5 for the original and .50 cents per copy. D) $10 with a limit of 7.

A) .75 cents for the first one and .10 cents thereafter limit of 5

16. What is the name of what a Notary places below the Notary signature? A) Seal B) Stamp C) Statement of Authority D) Certification

C) Statement of Authority

17. Who approves the appointment of a Notary Public? A) The name appointed under and no other. B) County Clerk C) Secretary of State D) Town judge where the Notary resides

C) Secretary of State

18. What is the fee for changing name for marriage purposes and updating the State? A) The maiden name change fee $ B) Free for anyone changing names for marriage purposes. C) $5 to update the database. D) $12 one-time fee

B) Free for anyone changing names for marriage purposes.

19. Who must be with a bank employee to witness the terminated lease opening of a an abandoned safety deposit box? A) A police officer or Sheriff. B) A bank officer or employee of the lessor. C) The lessee. D) A Notary Public

D) A Notary Public

20. Who can translate a deed into another language to be filed in a NY County Clerk? A) Translator with certificate of designation by the county judge. B) Translation certified expert by Translators Society of USA. C) Affidavit service magistrate. D) All the above.

A) Translator with certificate of designation by the county judge.

21. What can happen to a notary for doing something illegal or with malfeasance? A) Can be summoned to a NYS tribunal hearing for license revocation. B) Can go to criminal court as a defendant. C) Can be sued for $ damages in Civil court. D) All the above.

D) All the above.

22. What do the two witnesses to a will sign? A) The witness approval proof certificate. B) Attestation clauses C) Identity verification form D) The affidavit

B) Attestation clauses

23. What is Chattel? A) Beef stock certificates. B) Personal property such as household goods or fixtures. C) The Latin word for Jurat D) The damages paid for wrongful Notary Public Fees charged by a Notary Public NY

B) Personal property such as household goods or fixtures.

24. Who issues certificates involved in various Notary Public procedures? A) The county clerks offices. B) The Secretary of State's offices. C) The Notary Public. D) All the above.

D) All the above.

25. What is an Executor A) A document that verifies a Notary's authority. B) The placing of an instrument in the hands of a person as a depository. C) The one named in the will to carry out the provisions of a will. D) An instrument that modifies an already existing will.

C) The one named in the will to carry out the provisions of a will.

26. What is the fee charged to a person for an affidavit at the County Clerks Office? A) $2. B) $2.00 for each original signature witnessed. C) .75 (cents) for the first one and .10 (cents) for the second one. D) Notary services are free during normal business hours.

D) Notary services are free during normal business hours.

27. What is the maximum jail sentence for a class D Felony? A) seven years B) 1 year. C) Three years. D) There is no maximum sentence.

A) seven years

28. What is the maximum sentence for class A misdemeanors? A) 1 year. B) 5 years. C) Probation for 3 years. D) 6 months in jail.

A) 1 year

29. What is the maximum sentence for a Class E felony? A) Four years. B) 7 years. C) 3 years. D) There is no limit...the judge can do what he/she decides is fair.

A) Four years.

30. What is the mandatory sentence for a class D felony convictions? A) 4 years.

B) seven years. C) 3 years. D) There is no minimal sentence because the judge decides.

C) 3 years.

31. What is the sentence for Class 2X felonies? A) There is no 2X felony. B) Class D felony 2nd offense 3 to 7 years. C) Class E felony ist offense 3 to 4 years. D) The District attorney will decide with the judge in private.

A) There is no 2X felony.

32. What is an Apostle? A) Something certified for international use. B) A Notary application. C) Class D felony. D) The administrator of a will appointed by the court.

A) Something certified for international use.

33. Where is the Notary Public Law located? A) The Public Officer's Law aka Notary Public License law B) At the local library C) The County Clerk's Hearing offices D) The County Clerk's authentication office.

A) The Public Officer's Law aka Notary Public License law

34. What was completed by a County Clerk when issuing an, "Authentication Certificate" and charging a $3 fee? A) Verified the voter registration. B) Verified the Notary Public signature is authentic. C) Certification of the Notary Court involvement. D) All the above.

B) Verified the Notary Public signature is authentic.

35. Which of the following is, "Professional Misconduct"? A) When a Notary does something while aware it is not procedurally correct. B) Notarizing knowing there is a fake ID involved. C) When the Notary makes a mistake and does the wrong thing. D) A & B

D) A & B

36. Which of the following people can hold the office of Notary Public? A) A County Sheriff. B) A former Commissioner of Deeds for NYC who was removed from office.

C) A & B above. D) A convicted felon.

D) A convicted felon.

37. Can a Notary who is also an officer of a corporation notarize for her own corp.? A) No B) Yes for employees and even fellow corporate officers. C) Yes but only if she is not a party to the instrument individually or as a Co. Rep. D) B & C above are both correct.

D) B & C above are both correct.

38. Who has some limited rights to practice law as a non-attorney? A) Law students after 2 semesters and have not failed bar exam 2 times. B) Prevention of cruelty officers. C) You practicing law for yourself only. D) All the above.

D) All the above.

39. What is required for an indictment for perjury on an affidavit? A) Affiant saying "I do" or words of like meaning after the oath is read. B) Affiant nodding head yes. C) Affiant putting thumb print in designated box on form. D) All the above.

A) Affiant saying "I do" or words of like meaning after the oath is read.

40. What is "Laches"? A) A device to lock a Notary logbook safely away from the public. B) getting too many parking tickets. C) The delay or negligence in asserting one's rights in court. D) None of the above.

D) None of the above.

Acknowledgment

A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.

Requisites of acknowledgments.

An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument

Administrator

A person appointed by the court to manage the estate of a deceased person who left no will.

Affiant

The person who makes and subscribes his signature to an affidavit.

Affidavit

An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.

Difference between an acknowledgement and an affidavit

The distinction between the taking of an acknowledgment and an affidavit must be clearly understood. In the case of 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.

Affirmation

A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding

Form of affirmation

"Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct."

Apostile

Department of State authentication attached to a notarized and county- certified document for possible international use.

Attest

To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.

Attestation Clause

That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

Authentication (Notarial) / County Clerk's Certificate

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such.

Bill of Sale

A written instrument given to pass title of personal property from vendor to vendee.

Certified Copy

A copy of a public record signed and certified as a true copy by the public official having custody of the original.

A notary public has no authority to issue certified copies.

Chattel

Personal property, such as household goods or fixtures.

Chattel Paper

A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement.

Codicil

An instrument made subsequent to a will and modifying it in some respects.

Consideration

Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection.

Contempt of Court

Behavior disrespectful of the authority of a court which disrupts the execution of court orders.

Contract

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.

Conveyance (Deed)

Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.

Deponent

One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant."

Deposition

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.

Duress

Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.

Escrow

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.

Executor

One named in a will to carry out the provisions of the will.

Ex Parte (From One Side Only)

A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.

Felony

A crime punishable by death or imprisonment in a state prison.

Guardian

A person in charge of a minor's person or property.

Judgment

Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.

Jurat

A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit.

Jurat form

"Sworn to before me this ........ day of ........, 20 ......"

Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature and such other data as required by § 137 of the Executive Law.

Laches

The delay or negligence in asserting one's legal rights.

Lease

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.

Lien

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.

Litigation

The act of carrying on a lawsuit.

Misdemeanor

Any crime other than a felony.

Mortgage On Real Property

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.

Notary Public

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.

Oath

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.

An oath is valid when...

First, the person swearing or affirming must personally be in the presence of the notary public

Secondly, that the person unequivocally swears or affirms that what he states is true

Thirdly, that he swears or affirms as of that time

Lastly, that the person conscientiously takes upon himself the obligation of an oath.

Plaintiff

A person who starts a suit or brings an action against another.

Power of Attorney

A written statement by an individual giving another person the power to act for him.

Proof

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.

Protest

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.

Seal

The laws of the State of New York do not require the use of seals by notaries public.

If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction.

It is the opinion of the Department of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York."

Signature of Notary Public includes...

1. A notary public must sign the name under which he was appointed and no other.
2. Venue
3. Printed name
4. The words "Notary Public State of New York"
5. The name of the county in which he is qualified
6. Date upon which his commission expires

Statute

A law established by an act of the Legislature.

Statute of Frauds

State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law.

Statute of Limitations

A law that limits the time within which a criminal prosecution or a civil action must be started.

Subordination Clause

A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.

Sunday restrictions --

A notary public may administer an oath or take an affidavit or acknowledgment on Sunday.

However, a deposition cannot be taken on Sunday in a civil proceeding.

Swear

This term includes every mode authorized by law for administering an oath.

Taking an Acknowledgment

The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken.

Venue

The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act.

Ex: "State of New York, County of (New York) ss.:".

Will

The disposition of one's property to take effect after death.

Schedule of Fees

Authentication Certificate 3. Protest of Note, Commercial Paper, etc.. Ea additional Notice of Protest (limit 5) each. Oath or Affirmation 2. Acknowledgment (each person) 2. Proof of Execution (each person) 2. Swearing Witness 2.

Public Officers Law

Notary must not act before taking and filing oath of office. The Public Officers Law (§15) provides that a person who executes any of the functions of a public office without having taken and duly filed the required oath of office, as prescribed by law, is guilty of a misdemeanor.

Class D Felony Term

For a class D felony, the term shall be fixed by the court, and shall not exceed 7 years

Class E Felony Term

For a class E felony, the term shall be fixed by the court, and shall not exceed 4 years

Misdemeanor Term

A sentence of imprisonment for a class A misdemeanor shall be a definite sentence, and shall not exceed one year

Forgery

Class D Felony

A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another

Issuing a false certificate

Class E felony

A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or

injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information.

Official misconduct

Class A misdemeanor

A public servant is guilty of official misconduct when, with intent to obtain a benefit or to injure or deprive another person of a benefit:

1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

Refusal to officiate

Class A misdemeanor

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor

Perjury

Class A misdemeanor

One is guilty of perjury if he has stated or given testimony on a material matter, under oath or by affirmation, as to the truth thereof, when he knew the statement or testimony to be false and willfully made.

Advertising

A notary public who is not an attorney licensed to practice law in the State of New York shall not falsely advertise that he or she is an attorney licensed to practice law in the State of New York

Misconduct by a notary and removal from office

A notary public who, in the performance of the duties of such office shall practice any fraud or deceit, is guilty of a misdemeanor (Executive Law, §135-a), and may be removed from office

Fee for administering certain official oaths prohibited

An officer is not entitled to a fee, for administering the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or to any other public officer or public employee.

What is the simplest form of an oath?

"Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?"

What is the simplest form of an affirmation?

"Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?"

A notary may not... (four things)

1. Give advice on law; 2. Ask for and get legal business; 3. Divide fees with a lawyer; 4. Advertise that he practices law; 5. advised not to execute an acknowledgement of the execution of a will

How long is the term of appointment?

Four years

What qualifications must a notary have?

1. US citizen; 2. Live/work in NYS; 3. have good moral character; 4. common school education; 5. familiar with duties/responsibilities of being a notary

What must Secretary of state to do suspend/remove from office after misconduct?

Must be served with a copy of the charges against and have an opportunity to be heard.

What can a notary not have been convicted of?

1. a felony; 2. illegal carry; 3. making/possessing burglar's instruments; 4. buying stolen property; 5. unlawful entry; 6. aiding escape from prison; 7. narcotic drugs; 8. vagrancy/prostitution

To whom does the notary submit the application?

Secretary of State

How is the $60 app fee distributed?

$20 to the county clerk (where notary resides), $40 to Secretary of State

Who makes an index of commissions and official signatures?

the county clerk, who transmits it to the Sec. of State

Who issues the commission?

the county clerk

What is the fee for reappointment?

$60 to the county clerk

What is the fee for a name change?

$10 to the Sec. of State

What is the fee for a duplicate ID card?

$10 to the Sec. of State

Who may certify to the official character of the notary?

The Sec. of State or county clerk

What is the fee for a certificate of official character?

$10 to the Sec. of state or $5 to the county clerk

What is the fee for a certificate of proof or acknowledgment of oath signed by a notary from the county clerk?

$

Can someone who has been removed from office as a commissioner of deeds for NYC be eligible to be appointed as a notary?

No.

What is some who has been removed from office as a commissioner of deeds for NYC guilty of if he notarizes anything?

A misdemeanor.

Is a commissioner of elections or inspector of elections eligible to be a notary?

Yes

Is someone who violates the draft act eligible to be a notary?

No.

Can a member of the legislature be a notary?

Yes

Can a sheriff be a notary?

No

How can a notary be disqualified from notarizing something?

If he has an interest in the case, i.e. if the notary is a party to or directly and pecuniarily interested in the transaction

Can a signature and seal of a county clerk upon a certificate of official character of a notary public or the signature of a county clerk upon a certificate of authentication of the signature and acts of a notary public or commissioner of deeds be a facsimile, printed, stamped, photographed or engraved thereon?

Yes

What is every notary qualified to do?

administer oaths and affirmations, to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and

obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country

In addition, what are notaries who are attorneys do?

administer an oath or affirmation to or take the affidavit or acknowledgment of his client

What is a notary liable for in the case of misconduct?

liable to the parties injured for all damages sustained by them

What fee can a notary demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft and giving the requisite notices and certificates of such protest?

75 cents for such protest, and 10 cents for each notice, not exceeding five, on any bill or note

What is someone guilty of if they impersonate a notary?

a misdemeanor

What can happen to a notary who advertises services in another language does not include the statement, "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice"?

may be liable for civil penalty of up to one thousand dollars second violation - may be suspended third violation - may be removed (as long as notary has been served with charges and given opportunity to defend)

What fees is a notary entitled to?

1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, $2.
2. For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, $2, and by each additional person, $2, for swearing such witness thereto, $2.

What must a notary include with his signature?

his name, the words "Notary Public State of New York," the name of the county in which he originally qualified, and the date upon which his commission expires and, in addition, wherever required, a notary public shall also include the name of any county in which his certificate of official character is filed

May a notary who is a stockholder, director, officer or employee of a corporation notarize for another stockholder, director, officer or employee of a corporation or administer an oath of any other stockholder, director, officer, employee or agent of such corporation, and may such notary public may protest for non- acceptance or non-payment, bills of exchange, drafts, checks, notes and other negotiable instruments owned or held for collection by such corporation?

Yes

May a notary who is a stockholder, director, officer or employee of a corporation take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if the notary be a party executing such instrument, either individually or as representative of such corporation, or shall a notary public protest any negotiable instruments owned or held for collection by such corporation, if such notary public be individually a party to such instrument, or have a financial interest in the subject of same?

No

What must a notary have before taking an acknowledgement?

Satisfactory evidence of the person's identity

What is the uniform form of certificates of acknowledgement of proof?

State of New York ) ) ss.: County of....... ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,executed the instrument. (Signature and office of individual taking acknowledgment.)

A certificate for a proof of execution by a subscribing witness of a conveyance or other instrument made by any person in respect to real property situate in this state, must conform substantially with what form?

State of New York ) ) ss.: County of....... ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in...... (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they know(s)...... to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said..... execute the same; and

that said witness at the same time subscribed his/her/their name(s) as a witness thereto. (Signature and office of individual taking proof).

The certificate of an acknowledgment, without this State, of a conveyance or other instrument with respect to real property situate in this State, by a person, may conform substantially what form?

State, District of Columbia, ) Territory, Possession, or ) ss.: Foreign Country ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgment.)

The certificate for a proof of execution by a subscribing witness, without this State, of a conveyance or other instrument made by any person in respect to real property situate in this State, may conform substantially with what form?

State, District of Columbia, ) Territory, Possession, or ) ss.: Foreign Country ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she resides in...... (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she knows...... to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said...... execute the same; and that said witness at the same time subscribed his/her name as a witness thereto. (Signature and office of individual taking proof.)

What is a notary who is guilty of malfeasance or fraudulent practice in the execution of any duty liable for?

damages to the person injured

If a rental fee of any safe deposit box is not paid, or after the termination of the lease for such box, and at least 30 days after giving proper notice to the lessee, the lessor (bank) may open the box in the presence of a notary, to remove an inventory the contents. What must a notary then file?

a certificate under seal which states the date of the opening of the safe deposit box, the name of the lessee, and a list of the contents

Can a deposition be taken before a notary in a civil proceeding?

Yes

May a notary solemnize a marriage?

No

May an official oaths of a public office be administered by a notary?

Yes

Besides licensed attorneys, who can represent legal clients?

1. officers of societies for the prevention of cruelty; 2. law students who have completed at least 2 semesters of law school or persons who have graduated from a law school, who have taken the examination for admittance to practice law in the courts of record in the state immediately available after graduation from law school, or the examination immediately available after being notified by the board of law examiners that they failed to pass said exam, and who have not been notified by the board of law examiners that they have failed to pass two such examinations; 3. persons who have graduated from a law school approved pursuant to the rules of the court of appeals for the admission of attorneys and counselors-at-law and who have taken the examination for admission to practice as an attorney and counselor-at-law immediately available after graduation from law school or the examination immediately available after being notified by the board of law examiners that they failed to pass said exam, and who have not been notified by the board of law examiners that they have failed to pass two such examinations, when such persons are acting under the supervision of the state or a subdivision thereof

What can be the punishment for practicing law unlawfully?

the supreme court has power under this section to punish for a criminal contempt

Should wills be executed under a notary acting as a lawyer?

No

A notary who acts before taking an oath of office is guilty of what?

a misdemeanor

If a notary overcharges for services, what is he liable for?

in addition to the punishment prescribed by law for the criminal offense, to an action in behalf of the person aggrieved, in which the plaintiff is entitled to treble damages; also, possible criminal prosecution, civil suit and possible removal

Is a notary entitled to a fee, for administering the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or to any other public officer or public employee?

No

What is a notary public guilty of who, in the performance of the duties of such office shall practice any fraud or deceit?

a misdemeanor

What is the max term of sentence for a class D felony?

7 years

What is the max term of sentence for a class E felony?

4 years

What is the max term of an indeterminate sentence for a felony?

3 years

What is the max term of sentence for a class A misdemeanor?

a definite sentence of max 1 year

What is a person guilty of when they with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed?

forgery in the second degree

What is forgery in the second degree?

class D felony

What is a person is guilty of when issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information?

class E felony

What is public servant is guilty of when, with intent to obtain a benefit or to injure or deprive another person of a benefit:

1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

official misconduct

What is official misconduct?

class A misdemeanor

What is refusal to take an oath or affidavit?

a misdemeanor

What is perjury?

One is guilty of perjury if he has stated or given testimony on a material matter, under oath or by affirmation, as to the truth thereof, when he knew the statement or testimony to be false and willfully made.

Define: Acknowledgment

A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Technically, an "acknowledgment" is the declaration of a person described in and who has executed a written instrument, that he executed the same. As commonly used, the term means the certificate of an officer, duly empowered to take an acknowledgment 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 the same."

Can an acknowledgment be taken over the phone?

no

Can a notary public take an acknowledgment to a legal instrument to which the notary is a party in interest?

no

Define: Administrator

A person appointed by the court to manage the estate of a deceased person who left no will.

Define: Affiant

The person who makes and subscribes his signature to an affidavit.

Define: Affidavit

An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the affidavit was sworn to should be accurately stated. But it is of far more importance that the affiant, the person making the affidavit, should have personally appeared before the notary and have made oath to the statements contained in the affidavit as required by law. Under the Penal Law (§210.00) the wilful making of a false affidavit is perjury, but to sustain an indictment therefor, there must have been, in some form, in the presence of an officer authorized to administer an oath, an unequivocal and present act by which the affiant consciously took upon himself the obligation of an oath; his silent delivery of a signed affidavit to

the notary for his certificate, is not enough. A notary public will be removed from office for preparing and taking the oath of an affiant to a statement that the notary knew to be false.

Define: Affirmation

A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm. The following is a form of affirmation: "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct."

Define: Apostile

Department of State authentication attached to a notarized and county certified document for possible international use.

Define: Attest

To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.

Define: Attestation Clause

That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

Define: Authentication (Notarial)/County Clerk's Certificate

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such.

Define: Bill of Sale

A written instrument given to pass title of personal property from vendor to vendee.

Define: Certified Copy

A copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue certified copies. Notaries must not certify to the authenticity of legal documents and other papers required to be filed with foreign consular officers. Within this prohibition are certificates of the following type:

United States of America ) State of New York ) ss.: County of New York ) "I ..............., a notary public of the State of New York, in and for the county of .........., duly commissioned, qualified and sworn according to the laws of the State of New York, do hereby certify and declare that I verily

believe the annexed instrument executed by ....... and sworn to before .........., a notary public of the State of .........., to be genuine in every respect, and that full faith and credit are and ought to be given thereto. "In testimony whereof I have hereunto set my hand and seal at the City of .............., this ................ day of .................., 20 ......... (Seal) (Notarial Signature.)"

Define: Chattel

Personal property, such as household goods or fixtures.

Define: Chattel Paper

A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement.

Define: Codicil

An instrument made subsequent to a will and modifying it in some respects.

Define: Consideration

Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection.

Define: Contempt of Court

Behavior disrespectful of the authority of a court which disrupts the execution of court orders.

Define: Contract

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.

Define: Conveyance (Deed)

Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.

Define: Deponent

One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant."

Define: Deposition

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.

Define: Duress

Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.

Define: Escrow

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.

Define: Executor

One named in a will to carry out the provisions of the will.

Define: Ex Parte (From One Side Only)

A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.

Define: Felony

A crime punishable by death or imprisonment in a state prison.

Define: Guardian

A person in charge of a minor's person or property.

Define: Judgment

Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.

Define: Jurat

A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. The following is the form of jurat generally employed: "Sworn to before me this ........ day of ........, 20 ......" Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature and such other data as required by § 137 of the Executive Law.

Define: Laches

The delay or negligence in asserting one's legal rights.

Define: Lease

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.

Define: Lien

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.

Define: Litigation