Questions and Answers
What is the term for money or property held by a third party until a specified condition is fulfilled?
escrow
An ___ is one named in a will to carry out the provision of the will.
executor
____ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other.
Ex parte
A __ is a crime punishable by death or imprisonment over one year.
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A __ is a person in charge of a minor's person.
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A ___ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness.
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The ___ appoints and commissions notaries public in New York State.
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What is the jurisdiction of notaries public?
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Notaries public are appointed for ___ years.
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Applications for notaries public are prescribed by whom?
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Attorneys and __ are exempt from taking the notary public exam.
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Applicants for notary public must have the equivalent of a ___ school education.
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Who may suspend or remove a notary public from office?
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A person convicted of a ___ cannot be appointed a notary public.
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A person convicted of unlawfully possessing or distributing habit-forming narcotic drugs can be appointed a notary public.
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A person sought to be removed as a notary public must be served a copy of the charges.
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An oath of ___ shall be submitted to the secretary of state with the application for notary public.
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The fee for notary public appointment is __.
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The notary public identification card contains the appointee's name, address, county, and ______.
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The secretary of state must send a $20 fee to the _____ by the 10th day of the following month.
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Who makes an index of commissions and official signatures transmitted by the county clerk?
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A notary at the time of appointment must be either a NYS resident or have a place of business in New York State?
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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?
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In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education?
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The Secretary of State can remove a notary without serving a copy of the charges against him?
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No person shall be appointed a notary who has been convicted of any misdemeanor.
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No person shall be appointed a notary public if he has been convicted of unlawful possession or distribution of habit forming narcotic drugs?
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An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS?
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The Secretary of State shall receive a fee of $20 for changing the name or address of a notary public?
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Only the Secretary of State may issue a certificate of official character.
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The Secretary of State shall collect $10 for the issuance of a certificate of official character?
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A certification of a notarial signature is issued by the court?
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No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds?
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A commissioner of elections or inspector of elections is not eligible for the office of notary public.
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No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of May 18, 1917?
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There shall be at least one person in the county clerk's office who shall notarize documents for the public free of charge.
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A member of the legislature may not be appointed a notary public?
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A sheriff may be appointed a notary public?
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A notary public shall not notarize a paper if he has a pecuniary interest in the transaction.
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The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped?
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A notary shall not be liable to the parties injured for damages sustained by them as a result of the notary public's actions.
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A person not commissioned a notary public who acts as a notary public is guilty of a felony.
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A notary public who is licensed as an attorney in NYS may substitute the words 'attorney and counselor at law' for 'notary public.'
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No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137.
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A notary public who is an employee or officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument.
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An official certificate of a notary may be valid even if his term of office had expired.
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An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned.
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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.
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The term 'lien' includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned.
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The term 'conveyance' does not include a will or lease for a term not exceeding 3 years.
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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.
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Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman.
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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.
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A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach a certificate signed by a county clerk.
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An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured.
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A conveyance of real property shall not be recorded unless it is in the English language.
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A deposition _____ be taken before a notary public in a civil proceeding.
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Within __ days of the opening of the safe deposit box, a copy of the notary public's certificate must be mailed to the lessee at his last known postal address.
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A notary public _____ authority to solemnize marriages.
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The oath of a public officer _____ be administered by a notary public.
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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.
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Notaries public are prohibited from executing wills because they would thereby be acting as an attorney.
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A notary public is not a public officer.
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A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _____
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A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law.
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A public officer cannot receive a fee in advance of rendering the service?
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An officer who violates the fee provisions is liable for treble damages to the person aggrieved.
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The maximum term of an indeterminate sentence shall be at least ____ years.
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For a class ___ felony, the term shall be fixed by the court and shall not exceed 7 years.
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A sentence of imprisonment for a class 'a' misdemeanor shall be a ___ sentence.
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A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument.
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Forged in the second degree is a class ___ felony.
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Issuing a false certificate is a class ___ felony.
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Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions.
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An officer before whom an oath or affidavit may be taken is bound to administer the same when required.
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A person is guilty of perjury if under oath or _____ he has given false testimony.
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An _____ is a formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed.
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It is not essential that the person who executed the instrument sign his name in the presence of the notary.
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A notary who takes an acknowledgment over the telephone is guilty of a _____.
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Unless the person who makes the acknowledgment appears in front of the notary, the notary's certificate that he so came is _____.
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Making a false certificate is forgery in the _____ degree.
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A notary public _____ take an acknowledgment to a legal instrument to which the notary is a party in interest.
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An (______/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will.
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A (statute/______) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths.
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An (attestation/______) is a department of state authentication attached to a notarized and county certified document for international use.
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An (______/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary.
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Is an _____ the witness certify that the instrument has been executed before them, and the manner of the execution of the same.
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An ___ is a solemn declaration made by persons who conscientiously decline taking an oath.
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A ______ is a written instrument given to pass title of a personal property from vendor to vendee.
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____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods.
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A __ is an instrument made subsequent to a will and attached to the will.
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___ is anything of value given to induce someone to enter into a contract.
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A ___ is a copy of a public record signed and certified as true copy by the public official having custody of the original.
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Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _____
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A ___ is an agreement between competent parties to do or not do certain things for legal consideration.
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Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as
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Another term for County clerk's certificate is ___
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A _____ is one who makes an oath to a written statement.
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A __ is the testimony of a witness taken out of court, before a notary or other person.
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Constraint exercised upon a person whereby he is forced to do some act against his will is known as
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_____ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person.
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Study Notes
Notary Public Qualifications and Regulations
- A notary must be a New York State resident or have a place of business in NYS and be a U.S. citizen or permanent resident.
- A NYS resident notary can continue in the role if they move out of state but maintain a business location in NYS.
- Certain applicants, such as attorneys and court clerks, may bypass specific requirements when reapplying.
Appointment and Eligibility
- Individuals convicted of felonies are ineligible for notary appointment; misdemeanors do not disqualify applicants.
- Notaries cannot have been convicted of unlawful possession or distribution of narcotics, vagrancy, or prostitution (unless pardoned).
- Attorneys who maintain an office in NYS are considered residents for notarial purposes.
Secretary of State's Authority
- The Secretary of State must serve charges against a notary before removal.
- Fees associated with changing a notary's name or address are $10, not $20; duplicate ID also costs $10.
Certificates and Fees
- Only the Secretary of State and county clerk may issue a certificate of official character; both collect a fee of $10 for such services.
- The county clerk issues a certification of a notarial signature for $3.
Notarial Actions and Responsibilities
- Notaries must not notarize documents if they have a financial interest in the transaction.
- The signature and seal on certificates can be facsimiles.
- Notaries are liable for damages caused by their actions during the execution of duties.
Acknowledgements and Proofs
- Acknowledgements can be made by anyone, regardless of marital status.
- Subscribing witnesses must confirm knowledge of the signer's identity when providing acknowledgements.
- The notary's certificate must be signed by the person taking the acknowledgment, not the county clerk.
Criminal Offenses and Misconduct
- A notary or public officer may charge a fee for services if allowed by law; charging more than allowed is an offense.
- Violating fee provisions results in treble damages for the aggrieved party and potential criminal charges.
Legal Concepts and Definitions
- A deposition can be taken before a notary in civil proceedings.
- Essential legal documents include conveyances, wills (not drawn by notaries), and attestations.
- "Escrow" refers to delivering an instrument to a person under specific conditions.
- A "guardian" is responsible for a minor’s welfare, while an "executor" administers a will's provisions.
General Knowledge and Miscellaneous
- Notaries in NY are appointed for four-year terms and must possess at least a common school education.
- The Secretary of State also manages notary public applications, suspensions, and removals.
- Legal terminology includes terms like "contract," "judgment," "affidavit," and "contempt of court," all critical in understanding notarial functions.
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Test your knowledge with these flashcards designed for the New York State Notary Exam. Each card focuses on essential requirements and definitions that every notary should know. Review these concepts to prepare effectively for the exam.
