New York State Notary Public License Exam Questions with accurate answers. Rated A

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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.* [Show More]

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