NYS Notary Public License Exam 2023/2024 Latest Update!!!, Exams of Commercial Law

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NYS Notary Public License Exam

2023/2024 Latest Update!!!

Notaries public are commissioned by _____________. -ANSWER Secretary of State An applicant's original application and $60 fee is sent to the _____________. - ANSWER Division of Licensing Services. The Notaries public applications' oath of office must be _____________. -ANSWER sworn and notarized The Secretary of State forwards the Notary Public commission, original oath of office and signature to _______________. -ANSWER county clerk Who maintains a record of commission and signature upon approval of an applicant for Notary Public? -ANSWER county clerk Who can authenticate the signature of the notary and attest to the authority to sign? - ANSWER county clerk What may notaries who expect to sign documents regularly in counties other than that of their residence elect to file? -ANSWER certificate of official character Where are attorneys/non-residents who maintain an office within the state but do not live in the State deemed residents of? -ANSWER county of office Where must the oath of office and signature of the notary be filed? -ANSWER in the county clerk's office of the county of practice The practice of taking acknowledgments and affidavits over the telephone is ___________________. -ANSWER illegal The slipshod administration of oaths is ________________. -ANSWER unacceptable (to the Secretary of State) The simplest form in which an oath may be lawfully administered is: -ANSWER 1. Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?

2. Do you solemnly, sincerely and truly declare and affirm that the atwtements made by you are true and correct?

Prohibited practices of law by notaries public subject the notary public to __________________. -ANSWER removal from office by the Secretary of State, possible imprisonment, fine, or both. Prohibited practices of law by a notary are: -ANSWER 1. Giving advice on the law

2. Asking for and getting legal business to send to a lawyer from whom he receives any money/consideration
3. Dividing legal fees with a lawyer
4. Advertising or circulating any ad with rights not given to the notary. A notary public is cautioned not to/has no authority to execute an acknowledgment of the execution of a _______________. -ANSWER will, marriage Why shouldn't notaries public execute an acknowledgment of execution of a will? - ANSWER It cannot be deemed equivalent to an attestation clause accompanying a will. It is also an invasion of the legal profession. A nonresident with no office or place of business in this state does what? -ANSWER vacates office A resident of NYS that moves out of the state and does not retain an office or place of business in state does what? -ANSWER vacates office A non-resident who does not maintain an office in NYS who accepts the office of notary public does what? -ANSWER appoints the Secretary of State to serve upon his behalf Unless an attorney, the Secretary of State shall satisfy himself that the applicant is - ANSWER 1. of good moral character
5. has the equivalent of a common school education
6. is familiar with the duties and responsibilities of a notary public The notary public must apply for reappointment within how long of expiration to waive qualifying requirements by the Secretary of State? -ANSWER 6 months The notary public who is enlisted in the armed forces must apply for reappointment within how long of expiration and military discharge (not dishonorable) to waive qualifying requirements by the Secretary of State? -ANSWER 1 year Who may suspend or remove any notary from office for misconduct? -ANSWER Secretary of State What must be done before a Secretary of State can suspend or remove a notary from office for misconduct? -ANSWER The notary public must be served with a copy of the charges and have an opportunity to be heard.

Can a person be appointed as a notary public if they have been convicted of a crime? - ANSWER Yes (if the Secretary of State finds the convictions do not constitute a bar to appointment, e.g. by obtaining an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct from the parole board) Applicants for a notary public commission should submit their application with oath of office (duly executed) with their signature to the ____________________. -ANSWER Secretary of State How much is the non-refundable application fee that is sent to the Secretary of State? - ANSWER $ What information is contained on the notary public identification card? -ANSWER appointee's name, address, county and commission term What will the Secretary of State send to the county clerk upon application and approval of appointment? -ANSWER the commission (duly dated), oath of office (original or certified copy), official signature, and $20 apportioned from the application fee (by the 10th day of the following month) The county clerk, upon application approval, will make a proper index of what? - ANSWER commissions and official signatures Applicants for reappointment should submit their application and oath of office to the ______________________. -ANSWER county clerk Who will issue the commission for reappointment? -ANSWER county clerk What will the county clerk send to the Secretary of State upon application and approval of reappointment? -ANSWER the commission, oath of office (original or certified copy), official signature, and $40 apportioned from the application fee (plus interest as required by NYS) (by the 10th day of the following month) The Secretary of State, upon application reapproval, will make a proper index of what? - ANSWER commissions A duplicate ID card may be issued upon what? -ANSWER an ID card lost, destroyed or damaged Each duplicate ID card will have what? -ANSWER the word "duplicate" stamped across the face and the same number as the one it replaces Who may certify to the official character of the notary public? -ANSWER the Secretary of State or county clerk

How much does the Secretary of State or county clerk collect for issuing a certificate of official character? -ANSWER $ How much does it cost to request a certificate of proof, acknowledgment or oath from the county clerk? -ANSWER $ What does a county clerk check when certifying a notarial signature? -ANSWER 1. confirms he is acquainted with the handwriting of the notary or compares the signature and believes it is genuine

2. state that the signature has been filed in his office and that he was taking proof, acknowledgment or oath at the time Who is not allowed to be appointed commissioner or notary public? -ANSWER 1. a person removed from office as a commissioner of deeds for NYC
3. a sheriff (who may not hold any other office)
4. person convicted of violation of US selective draft of May 18, 1917 or federal selective training and service act of 1940 A person signing or executing an instrument after knowledge of removal from notary public office is guilty of a ___________________. -ANSWER misdemeanor The individual appointed by the county clerk to be available to notarize documents for free during normal business hours at the county clerk's office is exempt from what? - ANSWER exam fee and application fee A notary public cannot act in a case if he is involved in what capacity? -ANSWER if he is a party to or directly and pecuniarily (or beneficially) interested in the transaction What forms may the signature and seal of a county clerk be in? -ANSWER 1. facsimile (exact copy)
5. printed
6. stamped
7. photographed
8. engraved A notary public is qualified to -ANSWER 1. administer oaths and affirmations
9. take affidavits and depositions
10. receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney (and other instruments in writing)
11. demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing
12. protest the same for non-acceptance or non-payment
13. exercise powers and duties in another jurisdiction according to commercial usage if he writes name of jurisdiction

A notary public cannot demand or receive a protest for non-payment a fee greater than ____________________. -ANSWER 75 cents for the protest, 10 cents for each notice, not exceeding five, on any bill or note A notary public who advertises in a language other than English should also post this statement: -ANSWER 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. (printed clearly and conspicuously and made in the same language as the advertisement) Any notary public who violates the terms for advertising (set forth by the Secretary of State) may be punished in the following ways: -ANSWER 1. first violation: a civil penalty of up to $1,000 (recoverable in an action)

2. second violation: suspension (by Secretary of State)
3. third violation: removal from office (by Secretary of State) (notary should first be served with a copy of the charges against him and given an opportunity to be heard) How much is a notary public entitled to for administering an oath/affirmation? -ANSWER $ How much is a notary public entitled to for taking/certifying the acknowledgment/proof of execution of a written instrument, by one person? -ANSWER $ How much is a notary public entitled to for taking/certifying the acknowledgment/proof of execution of a written instrument, by each additional person or swearing witness? - ANSWER $ What should a notary public print, typewrite or stamp in black ink beneath his signature, or in other words be contained in the Statement of Authority (in addition to venue and signature)? -ANSWER name, words "Notary Public State of New York", county originally qualified, commission expiration date and, where required, county where certificate of official character is filed, using the words "Certificate filed ................... County." What is the format of the Statement of Authority (information beneath signature)? - ANSWER Notary Public, State of New York No. _____________ Qualified in _________ County Commission Expires __________, 20__. The official certificates made by notaries public shall not be deemed invalid, impaired or in any manner defective by these (6) defects: -ANSWER 1. ineligibility of the notary public or commissioner of deeds to be appointed
4. misnomer or misspelling of name or other error made in his appointment
5. omission of the NP to take or file his official oath or otherwise qualify
6. expiration of his term

5. vacating of his office by change of his residence, or by acceptance of another public office;
6. the fact that the action was taken outside the jurisdiction where the NP was authorized to act No notary public shall be entitled to withstand certain defects of official certificates if _______________________________. -ANSWER he knew of the defect or if the defect was apparent on the face of the certificate conveyance -ANSWER every written instrument where any estate or interest in real property is created, transferred, mortgaged or assigned, or title to any real property is affected The acknowledgment or proof of a conveyance of real property may be made: - ANSWER 1. At any place within the state, before (a) a justice of the supreme court; (b) an official examiner of title; (c) an official referee; or (d) a notary public.
7. Within the district where officer is authorized to perform official duties, before (a) a judge or clerk of any court of record; (b) a commissioner of deeds outside of NYC, or a commissioner of deeds of NYC within the 5 counties comprising NYC (c) the mayor or recorder of a city; (d) a surrogate, special surrogate, or special county judge; or (e) the CC or other recording officer of a county.
8. Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction, anywhere within the county containing the town, village or city When the execution of a conveyance is proved by a subscribing witness, the subscribing witness must provide _______________. -ANSWER his own place of residence (city, street and street number), and that he knew the person described and executed the conveyance Proof by subscribing witness must not be taken unless the notary public is ______________________. -ANSWER personally acquainted with the witness or has satisfactory evidence that he is the same person A notary public taking acknowledgment or proof of a conveyance must endorse/attach a _______________________. -ANSWER signed certificate (stating all the matters to be done, known, or proved) and the name and substance of each witness jurat -ANSWER Latin name for the part of an affidavit where the notary public certifies that it was sworn to before him. The form is generally: "Sworn to before me this ....... day of ............, 20 ........"

In New York State, the notary can notarize a document written in a foreign language, however, the notarial wording, the part that the notary public places on the document must be in ____________. -ANSWER English A recording officer should record any conveyance of real property in the English language unless ___________________________________. -ANSWER they attach a translation made by a person duly designated for such purpose by the county judge of the county desired to record such conveyance or a justice of the supreme court and must be deemed be a true and accurate translation with certification of the designation of such person by the judge. What may be required when the instrument is recorded or used in evidence outside the State? -ANSWER certificate of authentication After ____ days after giving proper notice to the lessee, the lessor (bank) may, in the presence of a notary public, open the unpaid safe deposit box and remove and inventory the contents. -ANSWER 30 The notary public shall file with the lessor (bank) 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. Within _____ days of the opening of the safe deposit box, a copy of this certificate must be mailed to the lessee at his last known address. -ANSWER 10 Can a deposition be taken before a notary public? -ANSWER Yes, in a civil proceeding, but not on Sunday. No one but an attorney is allowed to practice and receive compensation for practicing law (punishable by the supreme court), including: -ANSWER 1. officers of societies for the prevention of cruelty

2. law students
3. graduates of law school A notary public who executes any of the functions of a public office without having taken and duly filed the required oath of office is guilty of a ______________. -ANSWER misdemeanor An officer is liable, 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 __________________________. -ANSWER treble (three times as much) damages A NP subjects himself to ___________, ____________ and _______________ by asking or receiving more than the statutory allowance, for administering the ordinary oath in connection with an affidavit. -ANSWER criminal prosecution, civil suit and possible removal

An officer is not entitled to a fee for administering the oath of office to: -ANSWER 1. a member of the legislature

2. any military officer
3. an inspector of election
4. clerk of the poll
5. any other public officer or public employee What is the maximum term of an indeterminate sentence for a felony? -ANSWER at least 3 years What is the maximum term for a class D felony? -ANSWER 7 years What is the maximum term for a class E felony? -ANSWER 4 years What is the mandatory sentence for a class D felony conviction? -ANSWER 3 years What is the maximum sentence for a class A misdemeanor (definite sentence, fixed by the court)? -ANSWER 1 year What criminal charge is forgery in the second degree? -ANSWER class D felony A person is guilty of forgery in the second degree when __________________. - ANSWER with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument such as:
6. A deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
7. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or
8. A written instrument officially issued or created by a public office, public servant or governmental instrumentality. A person is guilty of issuing a false certificate when _________________. -ANSWER with intent to defraud, deceive or injure another person, issues an instrument knowing it contains false information or a false statement What criminal charge is issuing a false statement? -ANSWER class E felony 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 he: -ANSWER 1. commits an act relating to his office but does an unauthorized act knowing that such act is unauthorized; or
9. knowingly refrains from performing a duty that is imposed upon him by law or is clearly inherent in the nature of his office What criminal charge is official misconduct? -ANSWER class A misdemeanor

One is guilty of perjury if ____________________________. -ANSWER he has willfully stated or given testimony on a material matter, under oath or by affirmation, as the truth, when he knew the statement or testimony to be false. acknowledgment -ANSWER A formal declaration before a duly authorized officer by a person, generally 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." administrator -ANSWER A person appointed by the court to manage the estate of a deceased person who left no will. affiant -ANSWER The person who makes and subscribes his signature to an affidavit. affidavit -ANSWER a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths What is the distinction between the taking of an acknowledgment and an affidavit? - ANSWER acknowledgment: notary public certifies the identity and execution of a document affidavit: involves the administration of an oath to the affiant affirmation -ANSWER 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 do this. The following is a form: "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct." apostile -ANSWER Department of State authentication attached to a notarized and county-certified document for possible international use. attest -ANSWER 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 -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) -ANSWER 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 -ANSWER A written instrument given to pass title of personal property from vendor to vendee. certified copy -ANSWER 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 these. Notaries must not certify to the authenticity of legal documents and other papers required to be filed with foreign consular officers. chattel -ANSWER Personal property, such as household goods or fixtures. chattel paper -ANSWER 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 -ANSWER An instrument made subsequent to a will and modifying it in some respects. consideration -ANSWER Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection contempt of court -ANSWER Behavior disrespectful of the authority of a court which disrupts the execution of court orders. contract -ANSWER 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) -ANSWER Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. deponent -ANSWER One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "affiant." deposition -ANSWER 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 -ANSWER Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. escrow -ANSWER 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 -ANSWER One named in a will to carry out the provisions of the will.

ex parte (from one side only) -ANSWER A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. felony -ANSWER A crime punishable by death or imprisonment in a state prison. guardian -ANSWER A person in charge of a minor's person or property. judgment -ANSWER Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. laches -ANSWER The delay or negligence in asserting one's legal rights. lease -ANSWER 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 -ANSWER A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. litigation -ANSWER The act of carrying on a lawsuit. misdemeanor -ANSWER Any crime other than a felony mortgage on real property -ANSWER 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 -ANSWER 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. Their general authority is defined in §135 of the Executive Law. oath -ANSWER 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. Shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs. the person taking it must express assent to the oath repeated by the notary by the words "I do" or some other words of like meaning. For an oath or affirmation to be valid, whatever form is adopted, it is necessary that: - ANSWER 1. the person swearing or affirming must personally be in the presence of the notary public

2. that the person unequivocally swears or affirms that what he states is true
3. he swears or affirms as of that time

4. that the person conscientiously takes upon himself the obligation of an oath plaintiff -ANSWER A person who starts a suit or brings an action against another. power of attorney -ANSWER A written statement by an individual giving another person the power to act for him. proof -ANSWER 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 -ANSWER 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 -ANSWER The laws of the State of New York do not require the use of these by notaries public. If it 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." statute -ANSWER A law established by an act of the Legislature. Statute of Frauds -ANSWER 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 -ANSWER A law that limits the time within which a criminal prosecution or a civil action must be started. subordination clause -ANSWER A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. swear -ANSWER This term includes every mode authorized by law for administering an oath. venue -ANSWER The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show this on its face of the notarial act. It is usually set forth at the beginning of the instrument or at the top of the notary's jurat, or official certification, as follows: "State of New York, County of (New York) ss.:".

Section 137 of the Executive Law imposes the duty on the notary public to include this of his act in all certificates of acknowledgments or jurats to affidavits. will -ANSWER The disposition of one's property to take effect after death.