Questions and Answers
Is a notary public considered a commissioned public officer?
True
What is the term length of a notary public commission in New York?
Four years
What are individuals who receive services from a notary called?
Constituents
Which of the following are commonly performed services of a notary? (Select all that apply)
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Once a document becomes notarized, is it considered admissible in court?
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What is the jurisdiction of a New York State notary?
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Can a New York State notary travel out of state to perform notary services?
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Why are notaries needed?
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Are notaries responsible for guaranteeing the truth or accuracy of documents?
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Who may not serve as a notar public in New York State? (Select all that apply)
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What exam do practicing attorneys in New York need to take to serve as a notary?
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Are court clerks automatically commissioned as notaries?
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What is the most commonly performed notarial act?
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Study Notes
Notary Public Basics
- A Notary Public (NP) is a commissioned public officer appointed by the New York Secretary of State under Executive Law.
- The term of a notary commission is four years, renewable without re-taking the exam if renewal paperwork is submitted within six months of expiration.
Constituents and Their Services
- Individuals receiving services from a notary are referred to as constituents.
- Commonly performed notarial services include:
- Taking acknowledgments
- Administering oaths and affirmations
- Executing affidavits
- Taking depositions
Legal Implications and Jurisdiction
- Notarized documents are considered admissible in court and establish "prima facia" evidence.
- A New York State notary's jurisdiction covers all 62 counties within the state.
Out-of-State Considerations
- NYS notaries must meet constituents for services within New York State and cannot travel to perform notarial acts in other states unless licensed there.
Importance and Limitations of Notaries
- Notaries help authenticate signatures, promote truthfulness, and reduce fraud.
- They do not guarantee the accuracy of statements in the documents being notarized.
Eligibility to Become a Notary
- Certain individuals, such as county sheriffs and convicted felons, are prohibited from becoming notaries.
- Practicing attorneys in New York are exempt from the Notary Public Exam but must submit an application and fee.
- Court clerks must apply and pay a fee to serve as notaries; they are not automatically commissioned.
Common Notarial Acts
- The most frequently performed notarial act is taking acknowledgments, prevalent in deeds, mortgages, and other real estate documents.
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Description
Prepare for the New York State Notary Public exam with this comprehensive study guide. The flashcards cover essential definitions and concepts, including the role of a notary and the commission's term and renewal process. Ideal for those seeking to become a notary public in New York.
