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! 1 | P a g e 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. 2 | P a g e 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) $200 B) $5.00 C) $11.00 D) No charge because it's a free service to the general public. B) $5.00 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 5 | P a g e 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) $2.00 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. 6 | P a g e 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. 7 | P a g e 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. 10 | P a g e 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 11 | P a g e 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 12 | P a g e 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 15 | P a g e "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? 16 | P a g e 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? $3 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 17 | P a g e 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 20 | P a g e 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 21 | P a g e 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? 22 | P a g e 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 25 | P a g e 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 26 | P a g e The act of carrying on a lawsuit. Define: Misdemeanor Any crime other than a felony. Define: 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. Define: 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. The notary's general authority is defined in §135 of the Executive Law; the notary has certain other powers which can be found in the various provisions of law set forth earlier in this publication. Define: 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. Notaries public must administer oaths and affirmations in manner and form as prescribed by the Civil Practice Law and Rules, namely: An oath or affirmation 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. An oath must be administered as required by law. The person taking the oath must personally appear before the notary; an oath cannot be administered over the telephone and the oath must be administered in the form required by the statute When an oath is administered the person taking the oath 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: 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; and, lastly, that the person conscientiously takes upon himself the obligation of an oath. A notary public does not fulfill his duty by merely asking a person whether the signature on a purported affidavit is his. An oath must be administered. A corporation or a partnership cannot take an oath; an oath must be taken by an individual. A notary public cannot administer an oath to himself. The privileges and rights of a notary public are personal and cannot be delegated to anyone. Define: Plaintiff A person who starts a suit or brings an action against another. Define: Power of Attorney 27 | P a g e A written statement by an individual giving another person the power to act for him. Define: 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. Define: 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. Define: 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." Define: Signature of Notary Public A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black ink, his name, the words "Notary Public State of New York," the name of the county in which he is qualified, and the date upon which his commission expires. When a notary marries during the term of office for which he/she was appointed, he/she may continue to use the name under which he/she was commissioned as a notary public. However, if he/she elects to use his/her marriage name, then for the balance of his/her term as a notary public he/she must continue to use the name under which he/she is commissioned in his/her signature and seal when acting in his/her notarial capacity, adding after his/her signature his/her married name, in parentheses. When renewing his/her commission as a notary public, he/she may apply under his/her married name or the name under which he/she was formerly commissioned. He/she must then perform all his/her notarial functions under the name selected. A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circles. Define: Statute A law established by an act of the Legislature. Define: 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. Define: Statute of Limitations A law that limits the time within which a criminal prosecution or a civil action must be started. 30 | P a g e TRUE - this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State. The secretary of state shall receive a fee of $20 for changing the name or address of a notary public FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10. Only the secretary of state may issue a certificate of official character. FALSE- the county clerk may also issue a certificate of office The secretary of state shall collect $10 for the issuance of a certificate official character? TRUE - the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached A certification of a notarial signature is issued by the court? FALSE - a certification of a notarial signature is issued by the county clerk for a fee of $3 No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds TRUE - also not eligible for appointment as a notary public A commissioner of elections or inspector of elections is not eligible for the office of notary public. FALSE- they are eligible for appointment as notary public No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of MAY 18, 1917? TRUE- also not eligible if convicted of a violation of the selective training and service act of 1940 There shall be at least one person in the county clerk's office who shall notarize documents for the public free of charge. TRUE- that person shall be exempt from the notary public examination fee and application fee. A member of the legislature may not be appointed a notary public? FALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public FALSE- Sheriffs cannot hold any other office A notary public shall not notarize a paper if he has a pecuniary interest in the transaction TRUE- such notarization would be invalid The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped. 31 | P a g e TRUE- also may be photographed or engraved thereon A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public's actions FALSE- a notary public is liable for such damages A person not commissioned a notary public who acts as a notary public is guilty of a felony. FALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor A notary public who is licensed as an attorney in NYS may substitute the words "attorney and counselor at law" for "notary public" TRUE- also, in NYC all notaries must affix to each instrument their official number No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137 TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument. TRUE- also if the notary public is a director or agent of such corporation An official certificate of a notary may be valid even if his term of office had expired. TRUE- also valid if there is a misspelling or other error made in his appointment or commission An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned TRUE- also may be valid if there was an omission of the notary public to take or file his official oath. An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office. TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act The term "lien" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned. FALSE- the definition applies to the legal term "conveyance" The term "conveyance" does not include a will or lease for a term not exceeding 3 years. TRUE - also does not include an executor contract for the sale or purchase of lands Acknowledgement or proof may be made before a justice of peace in a county containing town, village or city where he is authorized to perform duties 32 | P a g e TRUE- applies also to town councilman, village police justice or judge of court of any inferior jurisdiction Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman. FALSE- it may be made by a single woman or a married woman A subscribing witness must state his place of residence but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and how executed the instrument FALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance. A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach certificate signed by a country clerk FALSE- the certificate must be signed by the person taking the acknowledgment of proof An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured FALSE- he is liable for damages to the person injured A conveyance of real property shall not be recorded unless it is in the english language. FALSE- may be recorded if there is attached to it an official translation proved and authenticated in a manner required of conveyances for recording in NYS A deposition (may/may not) be taken before a notary public in a civil proceeding? a deposition may be taking before a notary public in a civil proceeding Within __ days of the opening of a the safe deposit box, a copy of the notary public's certificate must be mailed to the lessee at his last known postal address 10 days also the box cannot be opened by the lessor until 30 days after notice to the lessee A notary public (has/has not) authority to solemnize marriages? does not have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage The oath of a public officer (may/may not) be administered by a notary public. An oath to an official may be administered by a notary public. A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS TRUE- there is an exemption for the officers of societies for the prevention of cruelty and certain law students. 35 | P a g e An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use Apostile An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary. Authentication Is an _____ the witness certify that the instrument has been executed before them, and the manner of the execution of the same. Attestation clause An ___ is a solemn declaration made by persons who conscientiously decline taking an oath Affirmation A ______ is a written instrument given to pass title of a personal property from vendor to vendee. bill of sale ____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods chattel paper a __ is an instrument made subsequent to a will and attached to the will codicil ___ is anything of value given to induce someone to enter into a contract consideration a ___ is a copy of a public record signed and certified as true copy by the public official having custody of the original. certified copy Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _____ contempt of court A ___ is an agreement between competent parties to do or not do certain things for legal consideration. contract Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as conveyance 36 | P a g e Another term for County clerk's certificate is ___ authentication A _____ is one who makes an oath to a written statement deponent A __ is the testimony of a witness taken out of court, before a notary or other person. deposition Constraint exercised upon a person whereby he is forced to do some act against his will is known as duress _____ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person. escrow An ___ is one named in a will to carry out the provision of the will executor ____ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other Ex parte A __ is a crime punishable by death or imprisonment over one year felony A __ is a person in charge of a minor's person guardian A ___ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness judgement The ___ appoints and commissions notaries public in New York State. Secretary of State The jurisdiction of notaries public is ______ New York State Notaries public are appointed for ___ years 4 years Applications for notaries public are as prescribed by 37 | P a g e the secretary of state Attorneys and __ are exempt from taking the notary public exam certain court clerks Applicants for notary public must have the equivalent of a ___ school education common school The ___ may suspend or remove a notary public from office Secretary of state A person convicted of a ___ cannot be appointed a notary public. felony A person convicted of unlawfully possessing or distributing habit forming narcotic drugs (can/cannot) be appoint a notary public cannot A person sought to be removed as a notary public must be served a copy of the charges true An oath of ___ shall be submitted to the secretary of state with the application for notary public. office The fee for notary public appointment is __ $60 The notary public identification card contains the appointee's name, address, county and ______ commission term The secretary of state must send $20 fee to the _____ by the 10th day of the following month county clerk The ___ makes an index of commissions and official signatures transmitted by the county clerk. secretary of state The __ issues reappointment commissions to notaries public county clerk the ___ shall receive a fee of $60 from each applicant for reappointment county clerk The county clerk shall transmit to the secretary of state ____ from the fee for reappointment 40 | P a g e 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 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 Divide or agree to divide their fees with a lawyer or accept any part of a lawyer's fee on any legal business. What is another (4th) thing a notary public may not do? hint: A Advertise in or circulate in any paper or advertisement that they have any powers or rights not given to the notary by the laws under which the notary was appointed. Is an acknowledgment of the execution of a will the equivalent of an attestation clause accompanying a will? No. At the time of a notary publics appointment, what must they be? A citizen of the US & a resident of NYS or have an office or place of business in NYS. After being commissioned, what does a notary public receive? An identification card indicating the appointee's name, address, county & commission term. How much does it cost to change the name or the address of a notary public? $10. How much does it cost to have issued a duplicate identification lost (to replace one that was lost, destroyed or damaged)? $10. Where can a notary public file his autograph signature and certificate of official character? In the office of any county clerk of any county in the STate. How much does it cost to submit a certificate of official character? $10 to the State, $10 to the county clerk, $5 for each certificate issued to the county clerk. What costs $3? Certification of notarial signatures. Who cannot be a notary public? Any person removed from office as a commissioner of deeds for the City of New York. Acting as a notary may be deemed a misdemeanor. 41 | P a g e Is a commissioner of elections or inspector eligible for the office of notary public? Yes. Who cannot be a notary public (2)? hint: army Those convicted of a violation of the selective draft act, or of the federal selective training and service act. Who does not have to pay an exam or application fee to be a notary public? They who have been designated from the county clerk's office. Can a member of the legislature be appointed a notary public? Yes. Can sheriffs be notaries public? No. When are notaries disqualified to act? When they have an interest in the case. What can the signature and seal of a county clerk be? A facsimile, printed, stamped, photographed or engraved. Can a notary public take the acknowledgment or proof of any party to a written instrument executed by a corporation they are employed by or have direct ties to? Yes unless they are a party executing the instrument. What defects cannot be deemed invalid? 1-3 1. ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such. 2. misnomer or misspelling of name or other error made in his appointment or commission. 3. omission of the notary public/commissioner of deeds to take or file his official oath or otherwise qualify. What defects cannot be deemed invalid? 4-6 4. expiration of his term, commission or appointment 5. vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part 6. 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? After six months from the date of the official certificate. What does conveyance include? 42 | P a g e 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? 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? 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? 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? 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? 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? Anywhere in the state. When can a safe deposit box be opened? In the presence of a notary public, at least 30 days after giving proper notice to the lessee. Can a notary public solemnize marriages? No, nor take the acknowledgment of parties and witnesses to the contract of marriage. Can an NP administer the oath of a public officer? Yes. What is the maximum sentence for a class D felony? 7 years what is the maximum sentence for a class E felony? 45 | P a g e 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. Escrow One named in a will to carry out the provisions of the will. Executor A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. Ex Parte A crime punishable by death or imprisonment in a state prison. Felony A person in charge of a minor's person or property. Guardian Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Judgment part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. Jurat The delay or negligence in asserting one's legal rights Laches A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will. Lease A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. Lien The act of carrying on a lawsuit. Litigation Any crime other than a felony. Misdemeanor 46 | P a g e An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond. Mortgage on real property A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath. Notary public A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false. Oath A person who starts a suit or brings an action against another. Plaintiff A written statement by an individual giving another person the power to act for him. Power of Attorney The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument. Proof A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused. Protest It is no longer required to be used by a notary public. Seal What shall the signature of the notary public include? The name he was appointed, the venue, and Notary PUblic State of new york, the county in which he was qualified and the date upon which his comission expires. A law established by an act of the legislature Statute 47 | P a g e State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. Statute of Frauds A law that limits the time within which a criminal prosecution or a civil action must be started. Statute of limitations A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. 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. Sunday This term includes every mode authorized by law for administering an oath. 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. Taking an acknowledgment The geographical place where a notary public takes an affidavit or acknowledgment Venue The disposition of one's property to take effect after death. Will How much does it cost for a protest of note, commercial paper, etc? .75$ How much is an oath or affirmation, acknowledgment, proof of execution, or swearing of a witness? $2