Questions and Answers
Which of the following statements is not correct? (Select all that apply)
Notaries public are commissioned in - (Select one)
No person shall be appointed as a notary public who has been convicted of ______________.
any misdemeanor
The county clerk and register of any county with whom a certificate of official character has been filed shall collect for the filing- (Select one)
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A notary public who is removed from office and then executes any instrument as a notary public is guilty of a - (Select one)
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Which of the following is not eligible for the office of notary public? (Select one)
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Fee for an oath or affirmation- (Select one)
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The signature and seal of a county clerk upon a certificate of official character of a notary public may be: (Select all that apply)
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Which of the following statements is not correct about NYS notary public? (Select one)
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A notary public who is an attorney at law admitted to practice in NYS may: (Select one)
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A person who holds himself out to be a notary public but is not, or a notary public who commits fraud or deceit in the performance of his duties, is guilty of- (Select one)
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The term "conveyance" includes written instruments by which any estate or interest in property is created, transferred, mortgaged or assigned. Which of the following statements is correct? (Select one)
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An office authorized to take the acknowledgment or proof of a conveyance who is guilty of fraudulent practice is- (Select one)
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When the lessor of a safe deposit box opens it in front of a notary public, the notary shall file a certificate under seal which contains: (Select one)
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The rule which authorizes a deposition to be taken before a notary public in a civil proceeding is found in: (Select one)
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Which of the following statements is correct about notaries public? (Select one)
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A notary public subjects himself to which of the following for violating the statutory allowance for administering an oath? (Select all that apply)
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A sentence of imprisonment for a Class "A" misdemeanor is a definite sentence which shall not exceed (Select one)
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A person appointed by the court to manage the estate of a dead person who died without a will is - (Select one)
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A person who signs his signature on an affidavit is called- (Select one)
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If a person declines to take an oath because of religious reasons, he may make- (Select one)
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"Sworn to before me this - day of - , 2010" is referred to as: (Select one)
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Something that has value and is given to induce someone to enter into a contract is called (Select one)
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A person who starts a civil lawsuit is called (Select one)
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The law which specifies the time during which a civil action or criminal prosecution must be started is called- (Select one)
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The geographical place where an affidavit is taken by a notary or commissioner of deeds is called the - (Select one)
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The total commission fee for the appointment of a notary public is- (Select one)
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The fee for swearing in a witness is (Select one)
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The county clerk fee for issuance of Certificate of Official Character is - (Select one)
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The fee for an authentication certificate is- (Select one)
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A newly commissioned notary public has an office next to that of a law firm. The notary public may: (Select one)
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The secretary of state is not authorized to issue a duplicate notary public ID card (Select one)
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If a notary public is removed from office- (Select one)
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Which of the following three defects would render an official certificate by a notary public invalid? (Select one)
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A notary public who is guilty of malfeasance or fraudulent practice in the execution of a duty prescribed by law is: (Select one)
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A law enacted by the New York State legislature is called: (Select one)
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Which of the following two statements are correct? A notary public may: (Select one)
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A notary public may: (Select one)
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A notary is asked by a person to notarize an affidavit. Which of the following is correct? (Select one)
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If a party violates the provisions of Judiciary Law 67 (Fees of Public Officers) he is liable to the person aggrieved ________.
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Study Notes
Notary Public Overview
- Notary public commission in New York State costs $60 and lasts for 2 years.
- The Secretary of State is responsible for commissioning notaries public in New York State.
- Notaries are commissioned based on their county of residence.
Eligibility and Conduct
- Individuals convicted of any misdemeanor are ineligible to become notaries public.
- A sheriff is not eligible to serve as a notary public.
- A notary convicted of fraud or deceit in their duties is guilty of a misdemeanor.
- Notaries who exceed statutory fees for oaths may face criminal prosecution, civil lawsuits, and removal from office.
Notarial Acts and Fees
- Fees include $2 for administering oaths or affirmations and $10 for certificates of official character.
- The signature and seal of a county clerk on a notary's certificate can be a facsimile, printed, stamped, or engraved.
- Notaries are not authorized to administer oaths to themselves or practice law.
Administration and Legal Terms
- An "affiant" is a person who signs an affidavit.
- An "administrator" is appointed to manage the estate of a deceased person without a will.
- The term "venue" refers to the location where an affidavit is taken.
Legal Responsibilities
- A notary public may not prepare legal documents, such as wills or deeds, and is prohibited from giving legal advice.
- A notary public must produce a certificate under seal when witnessing the opening of a safe deposit box.
- The statute of limitations specifies the time period for initiating civil actions or criminal prosecutions.
Notarial Documentation
- Essential components in notarization include identifying the affiant and documenting the date and location of the signing.
- A jurat is the formal certification of an affidavit, indicating it was sworn to before a notary.
Additional Regulations
- Only an official, such as an attorney at law, can administer oaths to clients under specific circumstances.
- If a person refuses to take an oath for religious reasons, they can make an affirmation instead.
Violations and Penalties
- Notaries handling fraudulent practices may face civil liability for damages to the injured party.
- Administrative fees for various services, such as authentication certificates, vary with specific amounts outlined for clarity.
Key Legal Concepts
- "Consideration" refers to something of value exchanged to induce a contract.
- If a notary continues to act after removal from office, they may face felony charges.
- Effective notarization requires compliance with notarial regulations, including proper identification and adherence to fee guidelines.
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Description
Test your knowledge with this Notary Practice Test 1. This set of flashcards covers essential information regarding notary public commissions and their regulations. Perfect for those preparing to become notaries or for existing notaries seeking a refresher.
