NYS Notary Public Exam Updated Version with All Questions and Answers Updated 2023-2024, Exams of Nursing

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NYS Notary Public Exam Updated Version

with All Questions and Answers Updated

2023 - 2024

Appointment as Notary Fee: -------- Correct Answer ------- $60 total, [$40 for appointment and $20 for filing fee] change of name address fee -------- Correct Answer ------- $ Duplicate Identification Card Fee -------- Correct Answer ------- $10.00 --- must say duplicate Issuance of Certificate of Official Character Fee -------- Correct Answer ------- $1. Filing Certificate of Official Character Fee -------- Correct Answer ------- $ authentication certificate fee -------- Correct Answer ------- $ Protest of Note, Commercial Paper, etc. Fee -------- Correct Answer ------- $0. Each additional Notice of Protest (limit 5) each fee -------- Correct Answer ------- $0. Oath/Affirmation Fee -------- Correct Answer ------- $2. acknowledgement (each person) fee -------- Correct Answer ------- $2. Proof of Execution (each person) fee -------- Correct Answer ------- $ swearing a witness fee -------- Correct Answer ------- $ Acknowledgement -------- Correct Answer ------- a formal declaration made before an offer (i.e. notary public) by a person who has executed a written instrument as his free act and deed. Should not take ____ if he has an interest in the legal instrument. a notary public who takes a false certificate is guilty of forgery in the second degree. It is punishable by imprisonment for a term of not exceeding 7 years. a notary public taking ___ over the phone is guilty of a misdemeanor

administrator -------- Correct Answer ------- a person appointed by the court to manage the estate of a deceased person who left no will affiant -------- Correct Answer ------- The person who swears to an affidavit or statement. affidavit -------- Correct Answer ------- a sworn statement signed by the person swearing by it. It is sworn personally before a notary public or other officer who has the authority to administer an oath. it is an ex parte statement affirmation -------- Correct Answer ------- someone who declines to take an oath for religious, ethical, or other reasons. Instead of taking an oath, the person may affirm that certain statements are true. It is equivalent to an oath and it is just as binding. apostile -------- Correct Answer ------- a form of authentication issued by the department of state. it is a notarized and county certified document. can be internationally attest -------- Correct Answer ------- to be present and subscribe as a witness to the execution of a written instrument, at the request of the person who makes it. attestation clause -------- Correct Answer ------- 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) -------- Correct Answer ------- A document signed by a notary public that is authenticated by a county clerk. This authenticates/verifies the authority of the notary public. Also called the county clerk's certificate. bill of sale -------- Correct Answer ------- a written instrument given from a vendor (selleR) to vendee (buyer) to pass title of personal property. Certified Copy -------- Correct Answer ------- a signed and certified public record meant to certify that is is the original copy. Only public officials that have the original copy can perform the certification. a notary public cannot issue certified copies chattel -------- Correct Answer ------- personal property that is movable, such as household goods or fixtures. Does not include real estate. chattel paper -------- Correct Answer ------- writing that indicates that the holder is owed money and has a security interest in valuable goods associated with the debt codicil -------- Correct Answer ------- an instrument made after a will and modifying the will in some respects

considersation -------- Correct Answer ------- anything of value (i.e. money, possessions, love etc) given to initiate a contract contempt of court -------- Correct Answer ------- disrespectful behavior towards the authority of a court which disrupts the execution of court orders. contract -------- Correct Answer ------- an agreement between parties for a legal consideration conveyance (deed) -------- Correct Answer ------- A legal document that serves as proof of a deed (or title) which creates, transfers, assigns, or surrenders any estate or interest in real property. deponent -------- Correct Answer ------- a person who testifies to information or facts under oath in a deposition. also an affiant deposition -------- Correct Answer ------- aa witness's sworn out-of-court testimony under oath or by affirmation, before an authorized official. It is used at the trial or hearing. duress -------- Correct Answer ------- unlawful constraint put on a person to be forced to do some act against his will. escrow -------- Correct Answer ------- an instrument that is put into custody of a third- party to be held until the occurrence of an event. executer -------- Correct Answer ------- a person named in a will to carry out the requirements of the will ex parte (from one side only) -------- Correct Answer ------- a hearing or examination without requiring all of the parties to be present. felony -------- Correct Answer ------- A crime punishable by death or imprisonment in a state prison. guardian -------- Correct Answer ------- a person in charge of a minor's person or property judgement -------- Correct Answer ------- a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding jurat -------- Correct Answer ------- the clause at the end of the document stating the date, place and name of the officer (notary public) certifies that it is sworn before him. Example wording: "Sworn to before me on this day __ of __, in ___"

laches -------- Correct Answer ------- the delay or negligence in asserting one's legal rights lease -------- Correct Answer ------- a contract made for a consideration (i.e. rent) in which the owner of property (real estate, car etc) allows use of the property for a specified period of time (term). lien -------- Correct Answer ------- the right to retain the possession of another person's property until the owner fulfills a legal duty to the person holding the property, such as a satisfying a debt litigation -------- Correct Answer ------- the act of carrying on a lawsuit misdemeanor -------- Correct Answer ------- any crime other than a felony mortgage on real property -------- Correct Answer ------- A legal document that creates a lien on real estate as security until a debt has been satisfied. notary public -------- Correct Answer ------- a public officer who can perform many duties such as:

• executes acknowledgments of deeds
• administrator of oaths and affirmations the truthfulness of statements
• take affidavits declarations oath -------- Correct Answer ------- a declaration made by the person taking it that his statements are true to his knowledge. It must be taken before an authorized person (notary public). must be administered as required by law personally in front of a notary public and cannot be administered over the phone. the person taking it must say "i do" or something similar in meaning a corporation or a partnership cannot take it a notary public cannot administer it to itself. plaintiff -------- Correct Answer ------- a person or group who initiates a lawsuit against another party power of attorney -------- Correct Answer ------- a legal document giving one person the power to act for another person proof -------- Correct Answer ------- a formal declaration made by a subscribing witness usually stating that he witnessed the signature of the signer of the document

protest -------- Correct Answer ------- a formal declaration made by a notary public declaring a default in payment on a promissory note seal -------- Correct Answer ------- in nys, notaries public are not required to use a seal. 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 -------- Correct Answer ------- must use the name he was appointed. In addition to this, the following must be included:

• venue
• name printed, typewritten, or stamped beneath his signature in black ink.
• the words "Notary Public State of New York"
• the name of the county in which he is qualified
• date that his commission expires. Note:
• someone who marries during their commission may continue to use their name they were using prior to their marriage. If they chose to use their married name instead, they will need to use this format as their signature and seal: name prior to marriage, followed by married name in parenthesis. When renewing their commission, they can choose to renew under their married name or the name prior to marriage.
• can be appointed under a religious name if he is a member of a religious order. statute -------- Correct Answer ------- A law established by an act of the legislature. statute of frauds -------- Correct Answer ------- a state law that refers that certain kinds on contracts must be in writing so that they can be enforceable. statute of limitations -------- Correct Answer ------- A law that limits the time within which a criminal prosecution or a civil action must be started. subordination clause -------- Correct Answer ------- a clause in an agreement which states that a future mortgage takes priority over an existing mortgage. sunday -------- Correct Answer ------- a notary public may administer an oath or take an affidavit or acknowledgment on. Sunday, but cannot take a deposition in a civil proceeding. Swear -------- Correct Answer ------- to take an oath taking an acknowledgement -------- Correct Answer ------- a notary public needs to certify the following:

1. Tells the notary public that he is the person named in the instrument.

2. has satisfactory evidence, of the identity of the person, whose acknowledgement is taken. After the requirements are met, the notary public certifies to taking the acknowledgment by signing his official signature to the form. venue -------- Correct Answer ------- the location where the notarial act takes place, usually stated in the following format at the beginning of the notarial certificate or at the top of the notary's jurat or official certification: "State of New York, County of (New York) ss:" will -------- Correct Answer ------- an instrument by which a person makes a disposition of his property to take effect after death. A notary public who does not practice law may retain their appointment upon moving out of state if they intend to return (T/F) -------- Correct Answer ------- False A notary public vacates their position once they move out of the state and holds no place of business within NYS (T/F) -------- Correct Answer ------- TRUE A notary public is allowed one replace ID card free of charge (T/F) -------- Correct Answer ------- Fase A $10 fee will be charged for the duplicate ID replacement (T/F) -------- Correct Answer - ------ True A notary public can file his signature and certificate of character in any country of the state he is commissioned in (T/F) -------- Correct Answer ------- True The county clerk can verify that a certificate of a notary has been filed and matches a signed document. (T/F) -------- Correct Answer ------- True A person removed from office as a commissioner of deeds can be appointed a notary public following their probation. (T/F) -------- Correct Answer ------- False Once removed, notary publics are no longer eligible to become a notary public. (T/F) ---- ---- Correct Answer ------- True An inspector of elections is eligible to become a notary public (T/F) -------- Correct Answer ------- True Violating the selective draft act automatically disqualifies a person from being a notary public (T/F) -------- Correct Answer ------- True There are no exemptions on who has to pay the fee to become a notary public (T/F) ----- --- Correct Answer ------- False

Staff members of a county clerk appointed to become notary publics are exempt from examination and application fees (T/F) -------- Correct Answer ------- True The seal of a county clerk on an official character certificate of a notary public must be stamped (T/F) -------- Correct Answer ------- False The seal of a county clerk on an official character certificate of a notary public can be printed, facsimile, stamped, photographed or engraved (T/F) -------- Correct Answer ----- -- True a notary public is authorized to take affidavits and depositions in the sate of New York (T/ F) -------- Correct Answer ------- True a notary public who has committed fraud has committed a felony (T/F) -------- Correct Answer ------- False Any person who advertises to the public , that he or she is a notary public or acts as a notary public without having been appointed a notary public; any notary who while using his powers practices fraud or deceit will be guilty of : -------- Correct Answer ------- misdemeanor a notary public who is also an attorney may not advertise legal services in a foreign language (T/F) -------- Correct Answer ------- False A notary public may charge $2 for administering an oath. (T/F) -------- Correct Answer --- ---- True "Notary Public State of New York" must be included on every signature, regardless if the notary is also an attorney (T/F) -------- Correct Answer ------- False An attorney in the state may substitute notary public for the words "Attorney and Counselor of Law" (T/F) -------- Correct Answer ------- True a notary public who is a stockholder of a company may take proof to a written instrument executed to that company. (T/F) -------- Correct Answer ------- True A person can file a claim for defect if the defect was known about upon when it occurred. (T/F) -------- Correct Answer - ------ False a lease for 2 years is an example of conveyance (T/F) -------- Correct Answer ------- False what are the exemptions for a conveyance? -------- Correct Answer ------- - will

• lease for under 3 years
• an executory contract for sale or purchase of lands

• an instrument containing power to convey property as the agent or attorney a notary public may certify the acknowledgement of proof for any conveyance within the state (T/F) -------- Correct Answer ------- True Married women have the same rights as unmarried women in conveyances -------- Correct Answer ------- True A notary public does not need to verify the identity of the person they are taking an acknowledgment from (T//F) -------- Correct Answer ------- False a subscribing witness must know the person executing the conveyance (T/F) -------- Correct Answer ------- True When taking the acknowledgment or proof of a conveyance, a notary public needs to include a certificate with the details of the conveyance and the name and testimony of the witnesses only (T/F) -------- Correct Answer ------- False a person taking the acknowledgement or proof of conveyance must include a signed certificate stating the details of the conveyance with the name and testimony of the witnesses and the addresses for any witnesses who signed. (T/F) -------- Correct Answer ------- True A notary public guilty of fraud is liable for damages to the injured party (T/F) -------- Correct Answer ------- True A recording officer fluent in another language may accept conveyance in that language (T/F) -------- Correct Answer ------- True A recording office should not accept any conveyance of real property that is in a foreign language, other than names (provided they are written in English, unless a translation is given that is authenticated, or a translation is provided by a person duly appointed by the county judge pf the county or justice of the supreme court and certified under oath to be true and accurate translation (T/F) -------- Correct Answer ------- True a letter must be sent to the lessee of a security box within 30 days of the bank opening it. (T/F) -------- Correct Answer ------- False The notary public shall then file with the bank, under a seal, the name of the lessee and list of contents which must be mailed to the lessee within 10 days (T/F) -------- Correct Answer ------- True a notary public may take a deposition in a civil proceeding. (T/F) -------- Correct Answer ------- True

a notary public may take the acknowledgment for witnesses of a marriage (T/F) -------- Correct Answer ------- False a notary public can administer the oath of a public officer (T/F) -------- Correct Answer --- ---- True a law student may work under the supervision of an appellate court approved by legal aid organization after 1 semester of school (T/F) -------- Correct Answer ------- False violation of section 484 is a felony (T/F) -------- Correct Answer ------- False anyone violating the provisions of sections 478, 479, 480, 481, 482, 483, or 484 shall be guilty of a misdemeanor (T/F) -------- Correct Answer ------- True the supreme court may punish individuals for unlawful practice of law (T/F) -------- Correct Answer ------- True a notary public who is not a lawyer may draft legal documents for a friend's business. (T/F) -------- Correct Answer ------- False A notary public may administer an oath the same day his oath of office has been taken and filed. (T/F) -------- Correct Answer ------- True If the law allows it, a public officer may demand a fee before a duty is performed. (T/F) - ------- Correct Answer ------- True an officer may collect $2 for administering an oath of office to a member of the legislature (T/F) -------- Correct Answer ------- False a notary public taking an oath of an affiant to a statement that they did not know to be false has committed a misdemeanor (T/F) -------- Correct Answer ------- False A notary public that has knowingly made a false statement is guilty of a misdemeanor (T/F) -------- Correct Answer ------- True For a class D felony, shall not exceed 7 years (T/F) -------- Correct Answer ------- True For a class E felony, shall not exceed 5 years (T/F) -------- Correct Answer ------- True a felony imprisonment should not exceed 5 years (T/F) -------- Correct Answer ------- False misdemeanor imprisonments should not exceed 1 year (T/F) -------- Correct Answer ----- -- True Forgery is a class __ felony -------- Correct Answer ------- D

Issuing a false certificate is a class __ felony -------- Correct Answer ------- E official misconduct is a class ____ -------- Correct Answer ------- a misdemeanor a notary public who is not an attorney needs to include a disclaimer on any advertisement that is any language. -------- Correct Answer ------- False perjury -------- Correct Answer ------- is knowingly giving false statements under oath or affirmation notary must officiate upon request -------- Correct Answer ------- not doing so is a misdemeanor sheriffs -------- Correct Answer ------- shall hold no other office member of legislature -------- Correct Answer ------- if a member of the legislature is appointed to any civil office under for the state of new york, his acceptance shall vacate his seat on the legislature