NYS Notary Exam Study guide. Questions with accurate answers , rated A+

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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 [Show More]

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