NYS NOTARY EXAM QUESTIONS

NYS NOTARY EXAM QUESTIONS

• 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 in- terest 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 1 / 2

• 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 compen- sation 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

• 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

• / 2