NYS Notary Exam with 100% Correct Answers 2023

NYS Notary
A Notary who refrains from performing a duty, which is imposed by law or inherent in
the nature of his/her office, may be guilty of?
a. A felony
b. Criminal Contempt
c. A Tort
d. A Misdemeanor – Correct answer-d. A Misdemeanor
A copy of a public record signed and certified as true copy by the public official having
custody of the original is known a(n):
a. Affirmation
b. Authentication
c. Certified Copy
d. Acknowledgment – Correct answer-c. Certified Copy
To grant the right of usage in real property to another person for a term of years, life or
at will is best known as a:
a. Lien
b. Lease
c. Mortgage
d. Conveyance – Correct answer-b. Lease
A court decree to pay a specified sum of money is best known as a:
a. Writ
b. Lien
c. Litigation
d. Judgment – Correct answer-d. Judgment
The secretary of State of New York may suspend or remove any Notary from office for
misconduct. This cannot be done without serving the Notary Public with a copy of the
charges and providing the Notary with which of the following?
a. A trial by jury
b. An opportunity to be heard
c. A hearing
d. Both B & C – Correct answer-d. Both B & C
For taking a Proof of Execution by two people and swearing in three witnesses, the
Notary may collect the following fee:
a. $2.00
b. $4.00
c. $6.00
d. $10.00 – Correct answer-d. $10.00

If prepared by a Notary, which of the following is considered to be the Unlawful Practice
of Law (UPL).
a. Preparing a Mechanics Lien
b. Preparing a Power of Attorney
c. Preparing a Chattel Mortgage
d. All of the above – Correct answer-d. All of the above
Any non-resident Notary Public of the State of New York does NOT need to vacate the
office of a Notary if he/she does which of the following:
a. Retains a PO Box in NYS
b. Retains a place of business in NYS
c. Retains business ties in NYS
d. Shares an office with an Attorney – Correct answer-b. Retains a place of business in
NYS
A New York Notary jurisdiction shall be co-extensive with which of the following?
a. His/her County of employment
b. His/her County of residence
c. The Tri-State area
d. The State of New York – Correct answer-d. The State of New York
The County Clerk shall collect the following free from every Notary Public for filing a
Certificate of Official Character in a county other than that of a Notary’s original
commission.
a. $5.00
b. $10.00
c. $15.00
d. $20.00 – Correct answer-b. $10.00
A Notary lives and is commissioned in Rockland County. The Notary works in
Westchester County, many of the documents notarized at the Notary’s job needs to be
authenticated. In which County would the Signer go to get this authentication done?
a. Westchester
b. Rockland
c. Neither. This has to be done in Albany, New York
d. this can only be done in New York County – Correct answer-b. Rockland
Under the New York State Constitution, the following person shall hold no other office
while serving in this position:
a. Secretary of State
b. City Marshall
c. Notary Public
d. Sheriff – Correct answer-d. Sheriff
For any misconduct by a Notary in the performance of his/her duties, the Notary shall be
liable to the party(ies) injured for which of the following?

a. Damages sustained
d. Res Judicata
c. A Tort
d. Criminal charges – Correct answer-a. Damages sustained
A NYS recording office will not accept nor record any conveyance unless a conveyance:
a. Has Jurat wording
b. Is in English or is accompanied by an English language translation
c. Is witnessed by two Notaries
d. Has a State Notary Seal – Correct answer-b. Is in English or is accompanied by an
English language translation
After witnessing the opening of a safe deposit box, the Notary should send written
notification to the lessee (renter) which states the following?
a. The date of the opening
b. The name of the lessee
c. The list of the contents
d. All of the above – Correct answer-d. All of the above
A New York Notary is considered to be a(n):
a. Officer of the Court
b. State Official
c. State Officer
d. Public Officer – Correct answer-d. Public Officer
A notary lives in Ontario County, but works in Stueben County. Notarized documents
signed at work often need to have the Notary’s signature authenticated. What can the
Notary do in order to have this done in Stueben County instead of Onatario County?
a. File a Surety Bond in Stueben County
b. File an “Oath of Office” in Stueben County
c. Move to Stueben County
d. File a Certificate of Official Character with Stueben County – Correct answer-d. File a
Certificate of Official Character with Stueben County
A Notary beneficially interested in the following document(s) is not lawfully allowed to
take the acknowledgment of the instrument (document).
a. Deed
b. Mortgage
c. Contract
d. All of the above – Correct answer-d. All of the above
How much can a Notary charge for administering an “Oath of Office” to a member of the
legislature?
a. $0.00
b. $0.75
c. $1.00

Notaries public are commissioned by _____________

The Secretary of State

A/An _________ may be appointed a notary public without an examination

an attorney admitted to practice in New York State (bonus point: also exempt are officially appointed Court Clerks in the NY State court system)

True/False:

Non-residents of New York state who have offices or places of business in the state may also become notaries.

True.

An office or place of business is sufficient.

Notary Public

(The full definition, as laid out in NY state law.)

A public officer who executes acknowledgements 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.

Laches

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

The (1)_________ and (2)__________ of the notary must be filed in the office of the county clerk of the county where the notary is located, or has office or place of business

1) oath of office, 2) signature

Affiant

The person who makes and subscribes their signature to an affidavit. (Hint: the term ‘affiant’ may be used interchangeably with the word deponent… remember this.)

Extra credit, from NY State Law.
Fill in the blank:

“Use of the office of notary in other than the ___________ procedure required is viewed as a serious offense.”

“specific, step-by-step”

True/False:

A notary public is allowed to administer an oath to herself or himself under certain circumstances (by a requesting judge in a civil trial, or at the request of the Secretary of State)

False.

A notary public can never administer an oath to themselves.

True/False:

A jurat is not the affidavit.

True.

The jurat is the specific part of the document where the notary public certifies that the document was sworn to before her or him in person. The key words here are: sworn and in person.

Guardian

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

Bonus:
(From NYS Notary License Law)

“Equally unacceptable to the Secretary of State is the __________ administration of oaths.”

“slipshod”

The simplest form in which an oath may be administered:

“________________________?”

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

A/An ______________ may be used for persons who conscientiously decline taking an oath.

An affirmation

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. (Often an attorney, but not always)

As best you can, name the activities (involving the practice of law) that are prohibited by a notary public.

May not _______
May not ______
etc.

(How many are listed?)

Four things listed:

1. May not give advice on the law
2. May not ask for and get legal business to send to a lawyer
3. May not divide or agree to divide their fees with a lawyer
4. May not advertise or circulate in any manner that they have powers or rights not granted by law

What document is a notary never to acknowledge?

A will

What is New York County also known as?

Manhattan.

True/False:

The Secretary of State must have notaries commissioned in every county, and no more notaries per county than are residents of that county.

False. Unlimited number. There is no restriction to the number of notaries the Secretary of State can appoint.

How long is the term of a notary public?

4 years

True/False:

A notary public for New York must have their primary residence in New York

False. An office or place of business is enough. Many people live in NJ or CT and commute to work in Manhattan, for example. They still qualify because their workplace is in NY state.

True/False:

A notary public must be a United States citizen, or an illegal alien with court appointed guardian.

False. No illegal aliens.

What is Kings County also known as?

Brooklyn.

1) What are the qualifying requirements for notary public applicant by the Secretary of State? 2) How many requirements are there?

Must have ______
Must be _____
Have ________ etc
…

There are 3 qualifying requirements.

1: applicant must have good moral character
2: common school education (or equivalent)
3. must be familiar with duties and responsibilities of a NP

Note that the law does not require a HS diploma or college degree. The law simply says ‘common school education’.

Ex Parte

(Latin, means “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 an “administator”
(in notary public terms)

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

Plaintiff

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

True/False:

Official character cards are issued by the Secretary of State and are filed with a county clerk.

False.

County clerks issue official character cards (to be filed with other county clerks).

Within what period of time after the expiration of their term must a NP reapply to avoid having to re-qualify?

6 months

Define an “acknowledgement”
(in notary public terms)

A formal declaration by a person executing a document that such execution is their own act and deed.

Under what circumstance is the renewal period for the expiration of a notary public term extended? What is the period of extension? Restrictions?

Those notaries who became enlisted in the military are given 1 year to reapply after the end of their term after leaving the military. It must be an honorable discharge, however.

Statute of Limitations

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

True/False:

The NP serves at the discretion of the Secretary of State (SOS), and may be immediately suspended or removed by the SOS for any misconduct

False.
Not immediately. The notary public (charged with misconduct) must be given a copy of the charges and have an opportunity of “being heard”, as per State law.

1) What are the convictions (other than a felony) which disqualify a notary public from taking office? 2) How many of these are listed?

There are 7 disqualifications (other than a felony).

They are:
– illegal weapons. illegally using/carrying/possessing a pistol or dangerous weapon
– making or possessing burglar’s instruments
– buying/receiving/possessing stolen property
– unlawful entry of a building
– aiding escape from prison
– possessing or distributing habit-forming narcotic drugs
– vagrancy or prostitution

Are there any exceptions to the disqualifications (misdemeanors/felonies) that allow a NP to take office?

Yes.
An executive pardon, a Certificate of Relief from Disabilities, or a Certificate of Good Conduct.

True/False:

An attorney who is a notary public who moves out of NY State, but who keeps an office in NY State, is not deemed a resident of that county where she or he is a notary public, but they are still allowed to keep their notary public license.

Trick question. False.

As per State notary law they are still deemed a resident of their NY county just by keeping an office or place of business in that county. (Don’t complain about trick questions, the exam will definitely have a few…)

True/False:

A person convicted of assault or illegally carrying a weapon is disqualified from being a notary public

False. Assault is not listed as a disqualification. Carrying an illegal weapon, yes.

Check other question card(s) or study the NYS License Law document for the full list…

Lease

A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of a real property transfers such right to another for life, for a term of years, or at will.

When applying to be a notary public, what thing(s) other than fees must be submitted to the Secretary of State along with the application?

1) the oath of office (itself notarized)
2) official signature of the new NP

True/False:

Under NY State law, NY State notaries are allowed to notarize documents in New Jersey if the person(s) signing the document can prove a physical residence in New York state (with ID, etc).

False.

NY State notaries can only notarize documents in the geographical boundaries of NY state. No exceptions.

To whom do you apply to be a Notary Public? And how much is the fee?

The Secretary of State. $60.

True/False:

All notary publics when appointed will receive an official notary public stamp and ID card.

False.

You only get a (paper) ID card. Go buy the rubber stamp yourself.

Codicil

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

True/False:

A notary public who moves out of State but maintains an office or place of business in the State does not vacate their office as a notary public.

True.

But once they cease to live in the State (or have an office or place of business), their office as notary public is vacated.

True/False:

A person convicted of unlawful entry into a building can be disqualified from being a notary public

True.

In terms of record keeping, the law states:

The (1) _____________ shall make a proper index of (2) ____________ and (3) ____________ transmitted to that office by the Secretary of State.

1) county clerk
2) (notary public) commissions
3) official signatures

[For answer #1? Read the whole statement through… the only possible answer was the county clerk.]

True/False:

Taking acknowledgements and affidavits over the telephone can be legal in certain circumstances as long as it is formalized in writing soon after.

False.

Nothing can be notarized over the telephone, under any circumstances.

The (1) _____________ shall receive a non-refundable application fee of (2)_______ from each applicant for reappointment.

1) County clerk. Note the word reappointment here. The original application to be a notary public goes to the Secretary of State, but subsequent renewals go to the County Clerk where the notary public is registered. This is a very important distinction to remember. Every 4 years you renew with your particular County Clerk, not the Dept. of State.

2) $60

True/False:

The name and address of a Notary Public may be changed during the time of their commission as well as at reapplication/renewal.

True. There is a $10 fee to change a name or address mid-term, but there is no additional charge if done at the same time as the regular renewal process. (The $60 renewal fee covers any name or address changes. Just make any needed changes on the renewal form.)

Instead of an oath, this affirmation is legally equivalent to an oath and just as binding:

“__________________?”

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

Duress

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

True/False:

A lost, stolen, or damaged card can be replaced. It must bear the word “UNOFFICIAL COPY” across the face of it.

False. Cards can be replaced for a $10 fee, but it will have the word DUPLICATE across the face of it.

PS: Don’t think you won’t get tricky questions like this on the exam. And btw, a duplicate is a lot better than an unofficial copy…

Do your best and define “Taking an Acknowledgement” in notary public terms…

(This is the full definition as given in NY State law)

The act of the person named in an instrument telling the notary public that she or he is the person named in the instrument and acknowledging that she or he executed such instrument. (Also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgement is taken.)

The notary public “certifies to the taking of an acknowledgement” when the notary signs her or his official signature to the form setting forth the fact of the taking of the acknowledgement.

Deposition

(The full legal definition, according to the Dept. of State)

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.

1) What is the document called that certifies the commission of a notary public in another county? 2) How much does a county clerk charge to receive and file such a card in their records?

1) Certificate of Official Character. 2) $10 filing fee. (Remember this specific dollar amount for the exam. Actually… study carefully and remember all the fees listed in the Notary License law PDF file from the Dept. of State)

Quiz:

As a notary, you are qualified in New York County. When writing out your check to pay for your notary renewal, you will make the check payable to:

a) New York County Department of State
b) New York County Clerk
c) New York Department of State
d) New York State Division of Licensing
e) It is not possible to be qualified in New York County

b) The New York County Clerk

Fill in the blank:

“An instrument with such certificate of authentication of the county clerk affixed thereto shall be entitled to ___________”

(Hint: this is why a notarized document is valuable)

to be read in evidence (in a court, etc)

True/False:

A person once removed from office as a notary public can be reapply only after a period of seven years and a new exam and application.

False.
They are never eligible again.

To sign or execute any instrument as a notary public after the removal from office as a notary public is a _________ crime

Misdemeanor. (Important – remember the specific criminal level of each type of notary public misbehavior/crime.)

Fill in the blank:

“A commissioner of __________ or inspector of ________ is eligible for the office of notary public.”

(hint: it’s the same word twice)

Elections. Commissioners and inspectors of elections can be notaries public.

How many counties are there in New York state?

a) 16
b) 60
c) 12
d) 62
e) 14

D. 62 counties

Oath

(The full definition as given in NY State law)

A verbal pledge given by the person taking it that her or his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false.

Quiz:

An ‘official character card’ allows you to:

a) notarize documents in another county
b) notarize and take oaths in another county
c) allow you to notarize documents outside the state of NY
d) only establishes ‘good moral character’ for use in courtrooms
e) have your signature on file in another county

e) an official character card keeps your signature on file in another county

True/False:

When a notary public marries and changes their name, they must continue to use the name on their first/original commission for all notarizations, but upon renewal they are allowed to choose one name or use both, adding their new married name in parentheses.

False.

Wrong on both counts, actually. If a notary changes their name mid-term, they can add their new name (in parenthesis) immediately. Upon renewal after their 4 year term is over they can use either name, whichever they choose, but not both. They have to pick one.

What is the crucial difference between an ‘acknowledgement’ and a ‘jurat’ in notarizing documents?

In a jurat, the affiant (signer) takes an oath before signing the document.

Fill in the blank:

(This is a special addendum added to the disqualifications list in notary license law.)

“No person is eligible for the office of a notary public who has been convicted of a violation of (1) ___________, or the (2) ________________.”

1) selective draft
2) federal selective training and service act

True/False:

Each county clerk must designate at least one free notary public among their staff to be available during a clearly designated and published day (or days) of the week.

False.

Trick question. A county clerk must designate at least one person from their staff to act as a notary public, free of charge, and the notary must be available during all normal business hours. (Not a selected day or days. The law states ‘all normal business hours’.)

True/False:

The privileges and rights of a notary public are personal and cannot be delegated to anyone except a direct supervisor.

False.
It cannot be delegated to anyone.

[In American English] what is the plural form of notary public?
__________________________

notaries public

(Similar to ‘attorneys general’, ‘surgeons general’, etc. Compound noun plural possessive…)

Lien

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

In what specific case is a notary public always disqualified in notarizing any document?

If they have an interest in the case. (They are a party to any money, property, or mortgage involved, or are a trustee.) If the notary public is financially or beneficially interested in the conveyance or instrument, that document becomes a ‘nullity’ with no legal effect.

Executor

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

In New York State, what is an official title similar to that of a Notary Public (often obtained by legal staff)?

Commissioner of Deeds

Consideration

Anything of value given to induce entering into a contract. It may be money, personal services, or even love and affection. (Yes, that means sex as well.)

Quiz:

Two New York county notaries live in Tribeca, and work together in the same office in Harlem. One notary moves to an apartment in Hoboken, and the other to an apartment in Long Island City. They still work in the same office together, but which one gets to keep their New York county license?

The notary who moved to Hoboken.

As per state law, a notary must be registered in the New York county of their personal residence. The only exception is when a notary moves outside NY state… in this case they can keep a notary license in the New York county where their office is located.

Hoboken is in New Jersey, so this notary gets to keep their notary license registered in New York county where they have their place of business.

Long Island City is in Queens, so this notary has to register with the Queens county clerk from now on, even if their place of business is still in Manhattan. It doesn’t matter anymore. Once you live in a different NY county, that is where you must register your notary license.

True/False:

The official signature of a county clerk on a certificate of authentication of a notary public may be a facsimile (printed or stamped, photographed etc).

True.

(This applies to the county clerk herself/himself, not notaries public.)

Power of Attorney

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

True/False:

As a New York state notary, your signature can now be verified/authenticated in any county within the State.

False.

Your official signature is kept on file in the county in which you live and first registered in. If you want to have a signature kept on file in other counties, you have to file an ‘Official Character Card’ in those counties as well.

True/False:

A notary public can notarize documents of other countries and nations.

True.
“… the laws of any other government or country may be exercised and perfomed by notaries public, provided that when exercising such powers s/he shall set forth the name of such other jurisdiction.”

(see NYS notary license law document, and note exception with documents for foreign consular offices)

Bill of Sale

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

True/False:

The Secretary of State may discipline a notary public for misconduct, but they cannot be held liable for monetary damages.

False.
The NP may be disciplined, and the notary public guilty of misconduct is liable to the parties injured for all damages sustained by them.

Will

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

How much can a NP charge to notarize (1) a formal protest (for nonpayment)? And how much for (2) each subsequent notice?
(3) What is the limit of notices that can be sent?

(1) 75 cents. (2) 10 cents. (3) Five notices maximum.

(These ‘protests’ are rarely issued these days, but you still need to remember it for the exam. Remember the specific details above.)

True/False:

The punishment for acting as a notary public while not being appointed one (aka fraud) is a class E felony.

False. It’s a misdemeanor

Study the 3 F’s in notary public crime:
Fraudulent certificates (misdemeanor)
False certificates (felony)
Forged certificates (felony)

Conveyance (Deed)

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

True/False:

A notary public who is not an attorney admitted to practice in NY may not advertise legal advice, or give legal advice, unless posted clearly that they are not an attorney.

False.
Even if posted that they are not an attorney, a NP still may not give legal advice on any matter (unless actually a practising attorney who has passed the bar and is in good standing).

The civil penalty (maximum) for a NP advertising or implying that they can give legal advice is $________________

$1,000

How much can a NP charge for administering an oath of office or affirmation to a public official?

Zero.
No fee can be charged for these specific services. Note that it says public official. These people are protected from fees, and their oaths must be notarized free of charge.

To take and certify the proof of execution of each additional person on a document, the notary public may charge a maximum of $_______

Still $2.
It’s $2 for first person, and $2 for each additional person.

True/False:

A notary public can issue certified copies of documents signed by them and within their county of residence.

False.

Never acceptable. A ‘certified copy’ is issued only by the legal custodian of the original document. This is usually a court, a government agency, etc.

Venue

The geographical location where a notary public takes an affidavit or acknowledgement. This is very important. Every affidavit or certificate of acknowledgement should show on its face the venue of the notarial act.

For example: “State of New York, County of Queens”… or “State of New York, County of Richmond” etc.

Look on the top of any court document and you will see a venue clearly stated. It is also often found near the acknowledgment section near the signatures.

[Pro tip: this is the one of the biggest mistakes notaries public make… not clearly understanding what a venue is. It’s not what’s in your notary stamp. Without a clear venue on each document, your documents could be rejected by a court, the county clerk, and/or the Dept. of State. Laws are different in different locations, so the geographical location where the document was signed is important.]

True/False:

An official act of a notary public will be held invalid if it does not have their details of their ID number and county of qualification clearly stated.

False.

“No official act of such notary public shall be held invalid on account of the failure to comply with these provisions.”

(For example, their number not being listed correctly, or inaccurate county attribution. Unintentional mistakes happen.)

Fill in the blank:

“In all the courts within this State the (1) ________ of a notary public, over their (2) ________, shall be received as (3) _____________ contained in such certificate….”

1) certificate
2) signature
3) “presumptive evidence of the facts”

A notary public cannot authenticate or administer an oath on any document for a corporation in which s/he is a ____________, _________, ____________ or ________________.

There are 4 to remember:
Director, Officer, Stockholder, or Employee.

Perhaps remember it as a lethal DOSE.

Director
Officer
Stockholder
Employee

Misdemeanor

Any crime other than a felony

Judgment

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

A notary public may not “protest any negotiable instruments owned or held for collection [by a ] corporation, if such notary public be (1) ____________ to such instrument, or have (2) ____________ in the subject of same.

1) individually a party to such instrument
2) have a financial interest in [it]

If you live in Ulster county but have an office in New Jersey and filed an ‘official character card’ in New York county, who would send out your notary renewal form?

The Ulster county clerk.

As a notary, your license is registered in the NY county of your residence. (The only exception are notaries who live outside NY but have a work/office in NY state.)

Litigation

The act of carrying out a lawsuit

Certified Copy

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

Note: a notary public has no authority to issue certified copies. Also, notaries must not certify to the authenticity of legal documents and papers required to be filed with foreign consular officers.

Unintentional errors are not enough to disqualify or render ‘defective’ a notarized document… however, name some of the ‘defects’ which do make the act of a notary public invalid. (Hint: there are 6 possible)

J – Jurisdiction issues. The NP is outside their jurisdiction as a notary. (Outside the State of NY)

M – Misspelling or misnomer with their name in their original commission as NP.
O – Omission of the NP’s official oath on file
V – Vacating office by change of residence, acceptance of another public office, or other action on their part
I – Ineligibility (they were not appointed as a NP)
E – Expiration of the NP’s term

“J MOVIE”

Acronym: Think of a horror film or a bad film that starts with J and ruins everything. Jackass? Jaws? Pick your J…

True/False:

Town councilpersons are allowed to acknowledge written conveyances of real property

True… anywhere within the county containing the town, village, or city in which they are authorized to perform official duties

True/False:

There is a legal difference between the acknowledgement of a conveyance of real property if a woman is married or unmarried.

False.
Married same as unmarried. Section 302.

Fill in the blank:

An acknowledgement must not be taken by any notary public unless she or he knows or has “______________” that the person making it is the person described in and who executed such instrument.

“satisfactory evidence”

True/False:

A witness to a document must give their place of residence, and if in a city, the street and street number, and be known to the person for at least two (2) years.

False.
No need for a two year requirement. They just state their residence, street, and street number if applicable.

Quiz:

A venue is:

a) The county that the notary is qualified in
b) The county where the notary signs the document
c) The State of New York (for NY State notaries)
d) A county where a notary has an official character card on file

B. The county where the notary signs the document

True/False:

All documents must be in the English language, unless a “sufficiently accurate” translation is attached to it.

False.
It must be a translation that is also notarized, proved and authenticated by a person designated for translations in that county, or done by a judge. So ‘sufficiently accurate’ is not enough. It has to be a certified as a translation.

True/False:

A notary public may take acknowledgements and oaths anywhere in the State.

True.
The need for a “certificate of authentication” in various counties has been abolished. However, the cert may still be required where the instrument is to be recorded or used in evidence outside the jurisdiction of the State.

Quiz:

If your character card came in the mail from the Dutchess County clerk and you need to file it Orange County but have an office in Kings County, who would you file it with?

The Orange County clerk.

Kings county has nothing to do with it. Don’t mail it back to Dutchess county either. Order your card from the county clerk you are registered with (qualified), and mail it where you need to mail it.

Contract

An agreement between competent parties to do or not do certain things for legal consideration, whereby each party acquires the right to what the other possesses.

True/False:

Notarized documents must always be hard copy, except for depositions.

False:
It’s not depositions that are the exception.

As of 9/23/2012, county clerks may receive and record “digitized paper documents” and electronic records affecting real property, including real property transfer documents such as deeds, mortgages, notes and accompanying documents.

Attestation Clause

The clause in a document wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution the same (as stated).

True/False:

A notary public is required to be in attendance at the opening of a safe deposit that is past due or past the end of its lease.

True.
The NP certifies the (1) date the safe deposit box was opened, the (2) name of the lessee of that box, and a (3) list of its contents. Remember these three specific actions. Date/ Name / List.

A deposition can be taken before a notary public in a ______ proceeding

Civil

True/False:

A notary public is considered a public official

True.

Contempt of Court

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

Quiz:

How long does a notary have to renew their license after it expires to avoid having to retake the exam?

A) 90 days
B) 1 year
C) Zero. There is no grace period.
D) 60 days
E) 6 months

E. 6 months

True/False:

A notary public has no authority to solemnize marriages, but they make take acknowledgements of witnesses to a marriage or marriage contract as long as they are known to them, or are provided sufficient evidence as to their identity.

False. No marriages, and no authenticating witnesses to it either.

Deponent

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

True/False:

Counseling and advising someone in conversation is not considered “giving legal advice”.

False.
“counsel and advice, drawing agreements, incorporation documents, drafting legal documents of all kinds…” is all considered law practice and is illegal for a notary public (unless admitted to practice as an attorney in NY State)

True/False:

A plaintiff can get double damages if a notary public violates the rules for fees they can charge

False.
It’s treble (triple) damages

True/False:

The fee for taking an oath of office to any public officer or public employee can not be more than $1.

False:
It must be free, done at no charge.

True/False:

A notary public can be removed from office for taking an oath of an affiant to a statement that they knew to be false or fraudulent.

True.

Chattel

Personal property, such a household goods or fixtures

Authentication (Notarial)

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

Fill in the in blank:

“A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely ________, _________, or ______ a written instrument….”

makes, completes, or alters

Forgery in the second degree is a _________ felony

Forgery is a Class D felony, second degree.

… Think of a little Jawa fellow trying to sell a forged r2-D2 to Luke Skywalker. D2 = Class D Felony, 2nd Degree.

A public official issuing a certification knowing that it contains false information is a ________ felony

False information is a Class E felony.

Think of wearing falsies… False-E’s

True/False:

The refusal to not officiate an oath or affidavit when requested is a crime.

True.
A misdemeanor crime.

Statute

A law established by an act of the legislature

True/False:

It is essential that the person who executes an affidavit sign their name in the presence of the notary.

False.
Not essential. (Note that is says affidavit. You can always have someone sign their signature on a piece of scratch paper to verify the already-signed signature on the affidavit…)

Subjoin

To add comments or supplementary information to the end of a speech or a document.

True/False:

Notaries are not allowed to certify to the authenticity of legal documents and papers required to be filed with foreign consular officers.

True.

True/False:

A notarized photocopy can never be used as a ‘certified copy’.

True.

A notarized photocopy is still just a copy. A certified copy can only be issued by the legal custodian of the original document.

Felony (State)

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

Chattel Paper

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

Jurat

A jurat is that part of an affidavit where the notary public certifies that it was sworn to before her or him. It is not the affidavit itself.

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.

True/False:

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 or gesture of like meaning. They must not be silent in response.

False.
To be a valid oath, an expression of assent must be given in some verbal form in response to the notary public. “I do,” etc. Silence, or a gesture, is not enough.

True/False:

A legal corporation can take an oath if the person doing it is a director or officer.

False.
Corporations cannot take oaths. Only natural persons.

Proof

(in notary public terms)

The formal declaration made by a subscribing witness to the execution of an instrument setting forth her or his place of residence, that she or he knew the person described in (and who executed the instrument) and that she or he saw such person execute the instrument.

Statue of Frauds

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

Quiz:

What is the maximum a notary can charge to issue a first-time formal ‘protest’ for non-payment?

A) 75 cents
B) $3
C) No fee. It must be issued for free.
D) $2, same as an acknowledgment.
E) $60

A. 75 cents

(Subsequent protests are 10 cents each, 5 additional protests maximum. I.e., you can’t keep issuing protests for non-payments… there is a limit.)

Protest

(in notary public terms)

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.

True/False:

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

True. A notary stamp or seal is just a convenience. The information in your stamp can be handwritten or typed as well.

True/False:

A member of a religious order of Satanists who goes by the name “Great Horn” may register his name as a notary public as “Great Horn” and officiate as a notary public by that name.

True.

There is a special clause in NY State notary law for religious orders, and any special names known inside their religious order. (“Sister Mary”, etc.)

Subordination Clause

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

True/False:

A notary public can take an oath, affidavit, or acknowledgement on a Sunday.

True.

(But a deposition in a Civil proceeding must never be taken on a Sunday as per State law. Criminal depositions can be taken on any day of the week… including Sunday.)

True/False:

An [notary public] before whom an oath or
affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor.

True.
This is a direct quote from State Law.

The powers of the Secretary of State to appoint notaries public is under what section of New York State law?

Executive Law. (Remember this)

True/False:

Documents concerning the conveyance of real property can be in a non-English language as long as the notary understands that language, the signer can understand that language, and the oath is properly executed.

False.

If the conveyance for real property is in a non-English language there MUST be a certified English translation attached to it, or you cannot touch or it or do anything with it. The law is very strict on real property documents.

Quiz:

A misdemeanor is

a) A crime punishable by a fine
b) An offense not subject to jury trial
c) Any crime other than a felony
d) An offense not subject to federal trial

D. Any crime other than a felony.

How much does a county clerk charge to issue a Certificate of Official Character card?

$5. Note the different fees for issuing, and filing, character cards. There’s a $5 fee for issuing a card, and a $10 fee for filing one. You pay your (home) county clerk to issue you a character card, and pay the recipient county clerk to file it.

Who do you write your check out to for the renewal of your notary license?

The county clerk of the county you are registered in. (The Secretary of State only gets your first application. Each subsequent renewal is done through your county clerk.)

True/False:

The New York county clerk can verify the signatures of all notaries public in the state of New York.

False.

The New York County Clerk only has records for New York County notaries… and those notaries who have filed a ‘character card’ there.

Remember: New York County is just Manhattan, not all of New York City. New York City includes Queens, Kings, Bronx, Staten Island counties as well. 5 Boroughs total.

This county clerk’s certificate verifies the authority of the notary public to act as such. What is it called?

An Authentication. The county clerk checks the signature, and verifies that the notary public is in their records and has a valid license.

A Department of State __________ attaches to a notarized and county-certified document, making it eligible for international use.

Apostille. (For those countries who have signed on to the Hague convention which governs the usage of an apostille. Most countries do. Canada, however, is not currently on the list.)

If you are notarizing 4 separate acknowledgements in a two-page document, what is the maximum fee you can charge?

$8. (4 x $2 each. Page count is irrelevant.)

Quiz:

What does it mean to ‘take an acknowledgement’?

a) the notary signs the document
b) the notary establishes that the person who signed the document before them is the person mentioned in the document
c) the notary receives an oath which attests to the veracity of the statements made in the document
d) the notary takes payment for the fees rendered in the notarization
e) the notary writes down a deposition for a civil proceeding, executing the affiant’s exact words and testimony

b) the notary establishes that the person who signed the document before them is the person mentioned in the document. The words “appeared before me” are often used in an acknowledgement.

Quiz:

What is an apostille?

a) A certificate that allows international usage for a document
b) A french word for an ‘acknowledgement’
c) An alternative to an oath, used as an affirmation
d) A notary public who can notarize documents for foreign use
e) The authentication of a notary signature, issued by a county clerk

a) A certificate that allows international usage for a document. (Issued by the Department of State. New York Department of State, in this case.)

True/False:

The venue for a document should always be listed in the notarial stamp.

False.

A venue has nothing to do with the stamp, it is geographical location where the document was signed. You will see it on legal documents commonly as “State of New York / County of New York” at the start of the document, or near the signatures.

You must understand the word ‘venue’, and be sure the venue is clear on every document you notarize. If it isn’t clear, write it in.

Quiz:

A codicil is:

a) Part of a document where the affiant swears to a statement
b) Part of a document made subsequent to the initial drafting, modifying it in some respects
c) Part of a document where the venue is clearly stated
d) A deposition in a criminal case
e) A deposition in a civil case

b) Part of a document made subsequent to the initial drafting, modifying it in some respects

Swear

(in notary public terms)

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

Who are notaries public commissioned by?
The Secretary of State

To whom is an application submitted to become a notary public?
The Division of Licensing Services.

How much is an application to become a notary public?
$60.

What is included in the application to become a notary public?
An oath of office, duly executed before any person authorized to administer an oath, together with their signature.

What must also be included in the application to become a notary public?
A pass slip indicating they have taken and passed the exam.

How long is the term of commission as a notary public?
4 years

Where are notary publics commissioned?
In their counties of residence.

Where can the public verify the official signature of a notary?
The county clerk’s office.

When is authentication of a notary’s signature obtained?
When a document will be used outside the State.

What should notaries do when they expect to sign documents regularly in counties other than their residence?
File a certificate of official character with other New York state county clerks.

Which nonresidents may be allowed to be a notary in a state?
Attorneys who maintain law offices within the State, and others who have offices or places of business in NYS.

Where must the oath of office and signature be filed for an out-of-state resident who is a notary?
The office of the county clerk of the county in which the office or place of business is located.

When is taking an acknowledgment and affidavit illegal?
Without the actual, personal appearance of the individual, (i.e. over the phone or otherwise).

What are the simplest forms in which an oath may be lawfully administered?
Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?

What is another way to affirm for those who decline taking an oath?
Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?

What is the is one (1st) thing a notary public may not do? hint: A
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.

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?
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?
4 years.

What is the maximum sentence for a class A misdemeanor?
1 year

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

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

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

A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer.
Affidavit.

What is the difference between an acknowledgment and an affidavit?
An acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant.

A solemn declaration made by persons who conscientiously decline taking an oath.
An affirmation

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

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

The clause wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same.
Attestation clause.

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary.
Authentication (Notarial)

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

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

Personal property, such as household goods or fixtures.
Chattel

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

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

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

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

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.
Contract

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

One who makes oath to a written statement
Deponent

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.
Deposition

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

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

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

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