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New York State Notary Public Law Questions
and Answers Already Passed Latest Updated
202 5/2026 | Rated A+
Is a NP considered a commissioned public officer? Yes. A NP is appointed by the New York Secretary of State vested by Executive Law. What is the commission’s term? And, how can it be renewed? The length of a NP commission is four (4) years. After 4 years have passed, the NP commission may be renewed without having to re–take the exam provided that renewal paperwork is submitted within six (6) months of the terms expiration. What are individuals who receive services from a NP termed as? Constituents.
What are some of the commonly performed services of a notary?
- Taking acknowledgements;
- Administering oaths and affirmations;
- Executing affidavits; and
- Taking depositions. Once a document becomes notarized, is the document considered admissible in court? Yes. The document is presumed valid and establishes "prima facia" evidence, sometimes called presumptive evidence. What is the jurisdiction of a New York State notary? The jurisdiction extends throughout all 62 counties of the state.
- A county Sheriff cannot serve as a notary due to a state law that bars sheriffs from holding any other public office.;
- A convicted felon What exam would a practicing attorney in New York be required to take as a Notary? Attorneys who are admitted to the NYS Bar and are practicing in New York State are not required to sit for the Notary Public exam – they must, however, submit an application and pay the mandatory fee. Are court clerks automatically commissioned as notaries?No. Court clerks of the Unified Court System who have taken the Civil Service promotional exam are exempt from testing but they must submit an application and pay the mandatory fee.
What is the most commonly performed notarial act? The acknowledgement. This can be found with deeds, mortgages and other documents pertaining to real estate, as well as in other areas unrelated to real estate. When can a NP re–apply for commission without re–testing? 1. Up until 6 months from expiration date. 2. Up until 1 year after military discharge (except dishonorable) 3. When the renewal is mailed to the NP reminding that expiration date is in 3 months. Who is appointed to accept process service on behalf of the NP who is a non–resident The Secretary of State
Who issues the NP ID/License. The Secretary of State and the Division of Licensing Services. How does the NP renew his license and when? Approximately 3 months prior to the expiration a renewal application is posted to the NP which must be completed and returned with the $60 fee to the County Clerk. What does a NP do? 1. Receive/certify acknowledgements, deeds, mortgages, power of attorney. 2. Administer oaths/affirmations. 3. Take affidavits & depositions. 4. Demand/acceptance or payment of foreign & inland bills of exchange, promissory notes & obligations in writing protesting the same for non– payment.
Who commissions or licenses the NP The Secretary of State forwards the commissions, the original oath of office and signature of the newly appointed NP to the county clerk. What happens when a NP moves out of the state and does not at least retain an office address within the state? By doing so he vacates his office/commission. How many NP's can a secretary of State appoint? As many as he/she likes. What are the general regulations and procedures at the test center? 1. Photo ID;
- Thumb print taken; 3. arrival at least 15 minutes early; 4. first come first serve; 5. Bring 2 #2 pencils; 6. No study materials allowed; 7. 1 hour to take the test, 40 multiple choice questions, at least 70% correct.
What is the alternate simplest form in which an oath may be administered for those who conscientiously decline taking an oath. Affirmation. "Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?" Unacceptable to the Secretary of State is "slipshod" administration. What is the simplest form which an oath may lawfully be administered by the NP?"Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true"? What happens if a document is notarized by a person who is not a NP?Section 142 – A of the Executive Law deems it valid although the fake NP can still be prosecuted.
What choice does a woman notary who marries have for name use? 1. Married name; 2. Both Maiden and Married name; 3. Maiden name for life What are the NP licensing fees?1. $15.00 – exam; 2. $60.00 – license; 3. $10. change name & address; 4. $10.00 – duplicate ID cards When is the one time you may take acknowledgements/affidavits over the phone or without actually seeing the person making (signing) the acknowledgement? Never. It is illegal. How is the deviation or departing from the "step by step" procedures required of the NP viewed by the authorities? 1. serious offense; 2. illegal; 3. Subjects NP license to revocation and/or prosecution.
What type of exam is given? $15.00 fee. 40 question multiple choice. 70% or 28 correct answers needed to pass. Topics are law, general terms and info related to the duties & functions outlined in the "Notary Public License Law Booklet" Who maintains a record of the NP signature made available for public access and verification of official signature? The County Clerk Where are NPs commissioned? In the county of residence or county of business in the state if residing out of state. Can a person convicted of a criminal offense become a NP? Yes. Only with an executive pardon of certificate of "Good Conduct" from the parole board.
Can anyone become a NP without taking the NP exam? An attorney and court clerks already practicing in the state do not take the exam. May a NP charge a fee? Yes. $2. How do the courts hold an acknowledgement taken by a person financially or beneficially interested as a party to conveyance? Nullity–Void–No good. What re the powers in general for the NP? 1. Oaths and affirmations; 2. Affidavits and depositions; 3. Acknowledgements, deeds, mortgages, powers of attorney and other instruments in writing; 4. Demand acceptance of payment foreign and inland bills of exchange, promissory notes and obligations in writing and protest the same for non–acceptance and non–payment.
Can a Sheriff become a NP? No. Sheriffs cannot hold any other public office Can a legislator also hold a civil office (be a notary) in the NYS government Yes. Provided not being paid. A legislator cannot hold a civil state office if receiving compensation. Does the County Clerk provide NP services to the general public? Yes. The County Clerk shall have one designated for business hours. Note that the County Clerk's staff is exempt from fees for exam ($15 for exam and $60 for application). Can one incorporator who is a NP take the acknowledgement of the other incorporator? No. That would make the acknowledgement Null and Void. They both are parties to the instrument and sign it.
What are the acceptable ways the signature & seal of the County Clerk can be presented? Facsimile (exact copy), printed, stamped, photographed, or engraved thereon. This is different than the NP seal. What is on the NP ID card issued by the Secretary of State? ID number, name, address, county, commission term, expiration date. What are the procedures of appointment & fees after the "test passed" notification is received? 1. Submit an application, $60.00 fee, passed exam slip with executed (notarized oath of office to SOS); 2. If SOS is satisfied, you are mailed NO commission and ID card; 3. $20.00 is mailed to the County Clerk by the SOS by the 10th day of the following month; 4. County Clerk keeps commission & signature on file.
Where can any NP file his signature and certificate of official character and who issues it upon request? The office of the County Clerk in any county in the state ($10.00 filing fee) and in any registers office. The SOS and the County Clerk can issue a certificate of official character for a fee paid by client. What are the fees associated with issuance of Certificate of Official Character? $10.00 by both the County Clerk and the SOS.
