NYS Notary Test Flashcards
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Questions and Answers

Which of these must be submitted to the county clerk where the appointee resides?

  • $30 apportioned from the application fee (correct)
  • Certified copy or original oath of office (correct)
  • The commission, duly dated (correct)
  • The official signature (correct)

    • Applicants for reappointment shall submit to __________ their application and oath of office and $60 fee.

    the county clerk

    An instrument with an authentication of the notarial signature shall:

  • Be entitled to be recorded in any county of NYS
  • Be entitled to be read into evidence
  • Both A and B (correct)
  • Neither A nor B

    • A person removed from the office of notary public who signs or executes an instrument as notary is guilty of __________.

    <p>A misdemeanor</p> Signup and view all the answers

    Which of the following choices is false? A notary public is authorized to:

    <p>Act as a sheriff</p> Signup and view all the answers

    Generally, a notary public is entitled to the following fee for administering an oath and certifying the same:

    <p>$2</p> Signup and view all the answers

    Which of the following is not correct? A notary public shall print, write or stamp beneath his signature in black ink:

    <p>His date of birth</p> Signup and view all the answers

    Which of the following statements is false? Acknowledgment or proof within NYS of a conveyance of real property situated in NYS may be made anywhere in NYS before:

    <p>Any municipal official</p> Signup and view all the answers

    An acknowledgment WITHIN A DISTRICT where an office is authorized to perform his official duties may be made before:

    <p>A, B and C are all correct</p> Signup and view all the answers

    Choose the best answer: An acknowledgment shall not be taken by any officer unless he knows or has satisfactory evidence that:

    <p>Both A and B are correct</p> Signup and view all the answers

    Which of the following choices would be correct fill-ins in the following: 'On the ______ day of ________ in the year ________.'

    <p>6th...June...2009</p> Signup and view all the answers

    Which of the following choices is most correct? When authorized, a notary public shall be present when a safe deposit box is opened by the lessor. The notary public shall file with the lessor a certificate which states:

    <p>Both A and B are correct</p> Signup and view all the answers

    A person who violates the provisions of Judiciary Law 484 (Practicing as an attorney) shall be guilty of __________.

    <p>A misdemeanor</p> Signup and view all the answers

    Which of the following statements is false? An officer is not entitled to a fee for administering an oath to:

    <p>A teacher or college professor</p> Signup and view all the answers

    Which of the following choices is the best answer? A notary may be removed from office for:

    <p>Both A and B are correct</p> Signup and view all the answers

    A notary public in exercising his powers under this article must in addition to the venue and signature print, typewrite, or stamp beneath his signature in __________ ink.

    <p>black (only)</p> Signup and view all the answers

    Who commissions notaries public?

    <p>Secretary of State</p> Signup and view all the answers

    The application fee for a notary public commission is?

    <p>$60</p> Signup and view all the answers

    An application for a notary public commission must be submitted to?

    <p>Division of Licensing Services</p> Signup and view all the answers

    Which of the following is correct? An application for a notary public commission must include?

    <p>Oath of office which must be sworn and notarized</p> Signup and view all the answers

    A 'pass slip' showing that the applicant passed the notary exam must be submitted along with?

    <p>Application for a notary public commission</p> Signup and view all the answers

    Notary public examinations are regularly scheduled?

    <p>Throughout NYS</p> Signup and view all the answers

    An individual who is an attorney?

    <p>Can be a notary public if admitted to practice in NYS</p> Signup and view all the answers

    The term of a commission of a notary public is:

    <p>4 years</p> Signup and view all the answers

    Where are the notaries public commissioned?

    <p>In their county of residence</p> Signup and view all the answers

    Which of the following is not correct? After the Secretary of State approves an applicant for a notary public commission, he forwards the following to the appropriate county clerk?

    <p>The original social security card of the applicant</p> Signup and view all the answers

    Who maintains a record of the notaries public commissions and signatures?

    <p>The county clerk</p> Signup and view all the answers

    The public may obtain a certificate of the notarial signature at the?

    <p>County clerk's office</p> Signup and view all the answers

    If a non-resident attorney or person becomes a notary, the oath of office and signature must be filed in the office of the county clerk of the county where?

    <p>The office or place of business is located in NYS</p> Signup and view all the answers

    Acknowledgments and affidavits?

    <p>May not be taken over the phone</p> Signup and view all the answers

    Which of the following may be used when a person conscientiously declines to take an oath?

    <p>2 only is correct</p> Signup and view all the answers

    Which of the following 4 statements is false? A notary public?

    <p>May agree to divide his fees with a lawyer</p> Signup and view all the answers

    The jurisdiction of notaries public is?

    <p>Co-extensive with the boundaries of New York State</p> Signup and view all the answers

    Which of the following is false? For a person to be appointed notary public he must be:

    <p>A foreign national</p> Signup and view all the answers

    Which of the following appears on a notary public identification card?

    <p>Both 1 and 2</p> Signup and view all the answers

    The commission and a certified copy or original oath of office and official signature, and $______ from the application fee shall be sent by the Secretary of State to the county clerk where the appointee resides by the __________ day of the following month.

    <p>$20.....20th</p> Signup and view all the answers

    The county clerk collects a non-refundable application fee of $_____ from each applicant for REAPPOINTMENT.

    <p>$60</p> Signup and view all the answers

    Except for changes made in a notary public's application for reappointment, the Secretary of State shall receive a fee of $_____ for changing the name or address of the notary.

    <p>$10</p> Signup and view all the answers

    The Secretary of State may issue a duplicate I.D. card to a notary to replace one that was lost, destroyed or damaged up to the payment of a fee of $________.

    <p>$10</p> Signup and view all the answers

    When the Secretary of State issues a certificate of official character, he must collect a fee of $_____.

    <p>$10</p> Signup and view all the answers

    For each certificate of official character issued by a county clerk, the sum of $_____ shall be collected.

    <p>$5</p> Signup and view all the answers

    The fee for certification of a notarial signature issued by a county clerk is $________.

    <p>$3</p> Signup and view all the answers

    If a person who was removed from the office of commissioner of deeds (NYC) executes an instrument while posing as a commissioner of deeds, he shall be guilty of __________.

    <p>a misdemeanor</p> Signup and view all the answers

    Each county clerk must designate at least _________ employee(s) from his office to act as a notary public and notarize documents for the public for free.

    <p>one</p> Signup and view all the answers

    Which of the following are eligible to be appointed notaries public?

    <p>A member of the legislature</p> Signup and view all the answers

    Generally, a notary is entitled to a fee of $______ for administering an oath or affirmation and certifying the same when required.

    <p>$2</p> Signup and view all the answers

    Generally, a notary is entitled to $______ for taking and certifying the acknowledgment or proof of execution of a written instrument (by one person). He is also entitled to $_______ for each additional person and also $______ for swearing a witness thereto.

    <p>$2, $2, $2</p> Signup and view all the answers

    A notary public who is duly licensed as an attorney and counselor at law in NYS may in his discretion substitute the following for the words 'Notary Public'.

    <p>Counselor at Law</p> Signup and view all the answers

    Which of the following is the best answer? Section 142-a of the Executive Law states that an act of a notary or commissioner of deeds is valid even if:

    <p>All of the above are correct.</p> Signup and view all the answers

    Which of the following three choices are correct? The term 'conveyance' includes:

    <p>Written instrument which affects title to real property.</p> Signup and view all the answers

    The acknowledgment or proof within NYS of a conveyance of real property in NYS may be made AT ANY PLACE WITHIN THE STATE, before:

    <p>A notary public</p> Signup and view all the answers

    An acknowledgment or proof, within NY state, of a conveyance of real property in NYS may be made WITHIN DISTRICT where the officer is authorized before:

    <p>The mayor or recorder of a city</p> Signup and view all the answers

    Which of the following fees is not correct?

    <p>Oath or Affirmation / $4</p> Signup and view all the answers

    Which of the following fees is not correct?

    <p>Change of Name/Address / $20</p> Signup and view all the answers

    Which of the following fees is not correct?

    <p>Duplicate Identification Card / $20</p> Signup and view all the answers

    A declaration before a duly authorized officer by a person who has executed an instrument that the execution is his act is known as ___________.

    <p>an acknowledgment</p> Signup and view all the answers

    Someone appointed by a court to manage the affairs (estate) of a person who died without a will is known as _________________.

    <p>an administrator</p> Signup and view all the answers

    A person who signs an affidavit is called ________________.

    <p>an affiant</p> Signup and view all the answers

    Personal property (not real property) is also called:

    <p>Chattel</p> Signup and view all the answers

    A written instrument (except a will) used to create, transfer, surrender or assign an interest in real property is called ______________.

    <p>a conveyance</p> Signup and view all the answers

    The authentication attached by the Department of State to a notarized document that is county-certified for possible international use is called __________.

    <p>an apostile</p> Signup and view all the answers

    A ________ is an instrument attached to a will that adds to or modifies the will.

    <p>codicil</p> Signup and view all the answers

    A(n) _________ is a person who is named in a will to carry out the will's provisions.

    <p>executor</p> Signup and view all the answers

    A crime (other than a felony) is called __________.

    <p>a misdemeanor</p> Signup and view all the answers

    A __________ is a decree of a court which declares the amount of money which one party owes to another party.

    <p>judgment</p> Signup and view all the answers

    A __________ is a claim or right to property which attaches to the specific property until a judgment (debt) is paid.

    <p>lien</p> Signup and view all the answers

    The term _________________ can be used interchangeably with 'affiant'.

    <p>deponent</p> Signup and view all the answers

    A verbal pledge by a person that his statements are true is known as an ___________.

    <p>oath</p> Signup and view all the answers

    A person who starts a civil action is called ______.

    <p>the plaintiff</p> Signup and view all the answers

    A written statement called ______________ empowers a person to act for another person.

    <p>a power of attorney</p> Signup and view all the answers

    The statute which prescribes the period during which a civil action or criminal prosecution may be started is the ___________.

    <p>statute of limitations</p> Signup and view all the answers

    A person who is legally in charge of the property of a minor person or legally in charge of the minor person's property is called ____________.

    <p>a guardian</p> Signup and view all the answers

    Something of value (Example: chattel, personal services, money, etc.) given to induce someone to enter into a contract is called ______________.

    <p>consideration</p> Signup and view all the answers

    Which of the following statements is not correct?

    <p>Notaries are appointed for a 2 year term.</p> Signup and view all the answers

    A non-resident of NYS who accepts the office of NYS notary appoints the _____________ as the person on whom process can be served in his behalf.

    <p>Secretary of State</p> Signup and view all the answers

    Which of the following choices is false? The Secretary of State must satisfy himself that notary public applicants:

    <p>Have a college education.</p> Signup and view all the answers

    Which of the following choices is false? No person can be appointed a notary public if he has been convicted of any of the following:

    <p>Entry of a building</p> Signup and view all the answers

    Notary public applicants must submit to ______________ the application, oath of office, and their signature.

    <p>Secretary of State</p> Signup and view all the answers

    The Secretary of State shall receive a non-refundable application fee of $____ from applicants for appointment.

    <p>$60</p> Signup and view all the answers

    A notary public I.D. card must indicate the appointee's name, address, county and __________.

    <p>Commission term</p> Signup and view all the answers

    Study Notes

    Notary Public Commissioning and Fees

    • Notaries public in New York State are commissioned by the Secretary of State.
    • The application fee for a notary public commission is $60.
    • Applications must be submitted to the Division of Licensing Services.
    • An application for commission includes an oath of office which must be sworn and notarized.
    • A "pass slip" from the notary exam must accompany the application for a notary public commission.

    Examination and Eligibility

    • Notary public examinations are conducted throughout New York State.
    • Attorneys admitted to practice in NYS may act as notaries public.
    • The term for a notary public commission is 4 years.
    • Notaries public must be U.S. citizens and residents of NYS or have a place of business in NYS.

    Notary Public Records and Certificates

    • The county clerk maintains records of notary public commissions and signatures.
    • The public can obtain a certificate of notarial signature at the county clerk's office.
    • If a non-resident becomes a notary, the oath and signature must be filed where their office or place of business in NYS is located.
    • Acknowledgments and affidavits cannot be taken over the phone.
    • A person who executes an affidavit is referred to as an affiant.
    • An instrument that modifies a will is called a codicil.
    • Chattel refers to personal property, while conveyance is a written instrument for real property transactions.

    Fees and Charges

    • The fee for administering an oath or affirmation is $2.
    • Notaries can charge $2 for each person involved in acknowledgment or proof of execution, with additional charges for witnesses.
    • A duplicate notary I.D. card can be issued for a fee of $10.
    • The jurisdiction of a notary public extends co-extensively with New York State.
    • Notary public applicants must not have been convicted of certain crimes to qualify for appointment.
    • Clerks of court handle the application submission process for notary commissions.

    Responsibilities and Restrictions

    • Notaries cannot give legal advice or solicit legal business, nor can they act as sheriffs.
    • Notaries are also required to print or stamp specific information beneath their signatures, including their title and county of qualification.
    • The validity of acts performed by a notary is preserved even if there are errors in the appointment process.
    • A guardian is an individual responsible for managing the affairs of a minor.
    • A lien is a claim on property until a debt is paid.
    • The phrase "consideration" refers to something of value exchanged in a contract.

    Additional Fees

    • The Secretary of State charges various fees for services, including $10 for changing a name or address.
    • Each county clerk charges $5 for issuing a certificate of official character.

    Violations and Penalties

    • A misdemeanor is defined as a crime that is less severe than a felony.
    • Individuals who pose as notaries after being removed from office may face misdemeanor charges.

    Summary

    • Ensure all applications, fees, and processes align with New York State regulations regarding notarial acts.### Acknowledgment and Official Duties
    • An acknowledgment may be made before a judge, clerk of court, mayor, or city recorder, surrogate, special surrogate, or special county judge, and county clerk or other recording officer of a county.
    • All mentioned officials are authorized to perform this duty, providing flexibility in acknowledgment procedures.

    Requirements for Acknowledgment

    • An acknowledgment cannot be performed unless the officer knows or has satisfactory evidence that the person making it is the one described and executed the instrument.
    • Both identification requirements must be met for a valid acknowledgment.

    Correct Date Format

    • The most appropriate way to fill in a date on a document is "6th...June...2009," ensuring clarity and formality.

    Notary Public Duties

    • A notary public must be present when a safe deposit box is opened by the lessor and is required to file a certificate stating both the date of opening and a list of contents.
    • This ensures that the contents are documented officially, maintaining accountability.
    • Practicing law without authorization as per Judiciary Law 484 is classified as a misdemeanor, indicating the seriousness of unauthorized legal practice.

    Fees and Oaths

    • Officers are not entitled to a fee for administering oaths to teachers, college professors, members of the legislature, military officers, or inspectors of elections.
    • This exemption highlights the civic duty of public service roles without financial compensation for certain administrative tasks.

    Grounds for Notary Removal

    • Notaries may be removed from office for engaging in fraud or deceit or for making significant misstatements in their appointment application.
    • Both criminal acts and dishonesty in applications are valid grounds for removal from notarial duties.

    Notary Public Signature Requirements

    • A notary public must print, typewrite, or stamp their name in black ink beneath their signature, including specific details such as "Notary Public State of New York," the qualifying county name, and the expiration date of their commission.
    • Adhering to these requirements ensures that notarial acts are performed in accordance with state standards.

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    Prepare for the New York State Notary Test with these multiple choice flashcards. Covering essential topics such as the commissioning of notaries, application fees, and submission processes, this quiz will help you master the key concepts needed for your certification.

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