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Questions and Answers
Notaries public are commissioned by _____________
Notaries public are commissioned by _____________
The Secretary of State
A/An _________ may be appointed a notary public without an examination
A/An _________ may be appointed a notary public without an examination
attorney
Non-residents of New York state who have offices or places of business in the state may also become notaries.
Non-residents of New York state who have offices or places of business in the state may also become notaries.
True (A)
What is the definition of a Notary Public?
What is the definition of a Notary Public?
What does laches refer to?
What does laches refer to?
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.
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.
What is an affiant?
What is an affiant?
Use of the office of notary in other than the ___________ procedure required is viewed as a serious offense.
Use of the office of notary in other than the ___________ procedure required is viewed as a serious offense.
What is the simplest form in which an oath may be administered?
What is the simplest form in which an oath may be administered?
A/An ______________ may be used for persons who conscientiously decline taking an oath.
A/An ______________ may be used for persons who conscientiously decline taking an oath.
What is escrow?
What is escrow?
What activities are prohibited by a notary public?
What activities are prohibited by a notary public?
What document is a notary never to acknowledge?
What document is a notary never to acknowledge?
What is New York County also known as?
What is New York County also known as?
The Secretary of State must have notaries commissioned in every county, and no more notaries per county than are residents of that county.
The Secretary of State must have notaries commissioned in every county, and no more notaries per county than are residents of that county.
How long is the term of a notary public?
How long is the term of a notary public?
A notary public for New York must have their primary residence in New York.
A notary public for New York must have their primary residence in New York.
A notary public must be a United States citizen, or an illegal alien with court appointed guardian.
A notary public must be a United States citizen, or an illegal alien with court appointed guardian.
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Study Notes
Notary Public in New York State
- Notaries public are commissioned by the Secretary of State.
- Attorneys admitted to practice in New York State can become notaries without an examination. Court Clerks also qualify for exemption.
- Non-residents with offices in New York can become notaries.
Definition and Responsibilities
- A notary public serves as a public officer responsible for executing acknowledgments of deeds and writings, making them evidence of the contained facts, and administering oaths and affirmations.
Important Terms
- "Laches" refers to the delay or negligence in asserting legal rights.
- An "Affiant" is an individual who signs an affidavit; this term is interchangeable with "deponent."
- Oath of office and signature must be filed with the county clerk where the notary operates.
Administration of Oaths
- Notaries cannot administer an oath to themselves, even under specific circumstances.
- The jurat is the section where a notary certifies the document was sworn to in person—distinguished from the affidavit itself.
Legal Prohibitions for Notaries
- Notaries may not provide legal advice, solicit legal business for lawyers, share fees with lawyers, or advertise unauthorized powers.
- A will must never be acknowledged by a notary public.
Additional Facts
- "Escrow" involves placing an instrument with a person for delivery upon a specified event.
- Oaths can be administered simply by asking if someone solemnly swears the affidavit is true.
- An "affirmation" is an alternative for those unwilling to take an oath.
Office and Commission
- The Secretary of State is not limited by county residency for the number of commissioned notaries.
- The term of a notary public is four years.
- Notary public is not required to be a U.S. citizen.
Miscellaneous
- New York County is also known as Manhattan.
- The phrase "specific, step-by-step" outlines procedures for the use of a notary's office and is considered a serious offense if not followed.
- "Slipshod" administration of oaths is deemed unacceptable by the Secretary of State.
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