NYS Notary Exam questions and Answers Latest Update
2023
A notary at the time of appointment must be either a NYS resident or have a place
of business in New York State? – correct answer ✅TRUE – a notary must also be a
united states citizen at the time of appointment. however, the department of
state, division of licensing services web site adds that notary may also be a
permanent resident alien of the united states
A NYS resident notary public who moves out of NYS but still maintains a place of
business in NYS can continue to be a notary in NYS? – correct answer ✅TRUE –
how if a non resident notary ceases to have a place of business in NYS, then he
vacates his office as a notary public.
In certain situations, the Secretary of State is not required to satisfy himself of
certain notary public requirements of an applicant, such as education? – correct
answer ✅TRUE- example, when applicant applies less than 6 months after his
term of notary has expired, or upon the application of an attorney admitted to
practice in NYS, and certain court clerks
The Secretary of State can remove a notary without serving a copy of the charges
against him? – correct answer ✅FALSE – the secretary of state must serve the
charges and give him an opportunity to be heard.
NYS Notary Exam questions and Answers Latest Update
2023
No person shall be appointed a notary who has been convicted of any
misdemeanor. – correct answer ✅FALSE- a person cannot be appointed a notary if
convicted of a felony
No person shall be appointed a notary public if he has been convicted unlawful
possession or distribution of habit forming narcotic drugs? – correct answer
✅TRUE – also cannot be appointed a notary if convixted of vagrancy or
prostitution (unless the person was pardoned or received a certificate of good
conduct from a parole board).
An attorney who is a notary public who moves to another state shall be deemed a
resident of the county where he maintains an office in NYS? – correct answer
✅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 – correct answer ✅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. – correct
answer ✅FALSE- the county clerk may also issue a certificate of office
NYS Notary Exam questions and Answers Latest Update
2023
The secretary of state shall collect $10 for the issuance of a certificate official
character? – correct answer ✅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? – correct answer
✅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 – correct answer ✅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. – correct answer ✅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? – correct answer ✅TRUE- also
not eligible if convicted of a violation of the selective training and service act of
1940
A notary at the time of appointment must be either a NYS resident or have a place of business in New York State?
TRUE – a notary must also be a united states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states
A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS?
TRUE – how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public.
In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education?
TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks
The Secretary of State can remove a notary without serving a copy of the charges against him?
FALSE – the secretary of state must serve the charges and give him an opportunity to be heard.
No person shall be appointed a notary who has been convicted of any misdemeanor.
FALSE- a person cannot be appointed a notary if convicted of a felony
No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs?
TRUE – also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board).
An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS?
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.
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
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.
Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney
TRUE- notaries public are expressly prohibited from drawing up wills.
a notary public is not a public officer
FALSE- a notary is a public officer and must not act without having and duly filed the required oath of office
A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _
misdemeanor, the oath must be as prescribed by law
A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law.
TRUE- also a public officer cannot charge more for the service than is allowed by law
A public officer cannot receive a fee in advance of rending the service?
FALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him
An officer who violates the fee provisions is liable for treble damages to the person aggrieved
TRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office
The maximum term of an indeterminate sentence shall be at least __ years.
3 years, the term is fixed by the judge
For a class _ felony, the term shall be fixed by the court and shall not exceed 7 years
D
A sentence of imprisonment for a class “a” misdemeanor shall be a _ sentence
maximum of one year of a misdemeanor
A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument
Second degree
Forgery in the second degree is a class _ felony
D
Issuing a false certificate is a class _ felony
E
Official misconduct includes willfully committing an act relating to one’s office constituting an unauthorized exercise of his official functions
TRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office
An officer before whom an oath or affidavit may be taken is bound to administer the same when required.
TRUE- refusal to do so is a misdemeanor
A person is guilty of perjury if under oath or _ he has given false testimony
AFFIRMATION- the testimony must have been given on a material matter
An _ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed.
acknowledgement- the officer must know that the person making it is the person described and who executed the instrument
It is not essential that the person who executed the instrument sign his name in the presence of the notary.
TRUE- however, taking acknowledgements over the phone is illegal
A notary who takes an acknowledgment over the telephone is guilty of a _.
misdemeanor
Unless the person who makes the acknowledgment appears in front of the notary, the notary’s certificate that he so came is _.
Fraudulent
Making a false certificate is forgery in the _ degree
Second
A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest.
should not
An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will.
administrator
a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths.
affidavit
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
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
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
Generally, the secretary of state shall receive a non refundable fee of __ for changing the name or address of a notary.
$10
The secretary of state may issue a duplicate identification card for a fee of _
$10
The county clerk where the notary commission is filed or the __ may certify as to the official character of such notary public
secretary of state
The secretary of state shall collect for a certificate of official character issued by him the sum of $____
$10
The county clerk charges a fee of $__ to file a certificate of official character
$10
A person convicted of a violation of the selective draft act of the US (is/is not) eligible for appointment as notary public?
is not
Each county clerk shall designate at least __ of his staff to act as notary public to notarize documents during business hours at no charge
one
A sheriff (may/may not) hold another office?
may not
A member of the legislature (may/may not) be appointed a notary public
may
A notary public who is pecuniarly interested in a transaction (is/is not) capable of acting as a notary public in that case