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New York State Notary Public License Exam Study Guide
- Notaries public are commissioned by
The Secretary of State
- A/An may be appointed a notary pub- lic without an examina- tion
- True/False:
Non-residents of New York state who have of- fices or places of busi- ness in the state may also become notaries.
- Notary Public
(The full definition, as laid out in NY state law.)
an attorney admitted to practice in New York State (bonus point: also exempt are oflcially appointed Court Clerks in the NY State court system)
True.
An oflce or place of business is suflcient.
A public oflcer who executes acknowledgements of deeds or writ- ings in order to render them available as evidence of the facts therein contained; administers oaths and aflrmation as to the truth of state- ments contained in papers or documents requiring the administration of an oath.
New York State Notary Public License Exam Study Guide
- Laches The delay or negligence in asserting one's legal rights.
- The (1) and (2) of the no- tary must be filed in the office of the county clerk of the county where the notary is located, or has office or place of busi- ness
- oath of oflce, 2) signature
- Affiant The person who makes and subscribes their signature to an afldavit. (Hint: the term 'aflant' may be used interchangeably with the word deponent... remember this.)
- Extra credit, from NY State Law. Fill in the blank:
"Use of the office of no- tary in other than the procedure re- quired is viewed as a se- rious offense."
- True/False:
A notary public is al- lowed to administer an
"specific, step-by-step"
False.
A notary public can never administer an oath to themselves.
- Escrow The placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instru- ment to a third person. This agreement, once established, should be unalterable. (Often an attorney, but not always)
- As best you can, name the activities (involving the practice of law) that are prohibited by a no- tary public.
May not May not etc.
(How many are listed?)
- What document is a no- tary never to acknowl- edge?
Four things listed:
- May not give advice on the law
- May not ask for and get legal business to send to a lawyer
- May not divide or agree to divide their fees with a lawyer
- May not advertise or circulate in any manner that they have powers or rights not granted by law
A will
- What is New York Coun- Manhattan. ty also known as?
- True/False:
The Secretary of State must have notaries com- missioned in every coun- ty, and no more notaries per county than are resi- dents of that county.
False. Unlimited number. There is no restriction to the number of notaries the Secretary of State can appoint.
- How long is the term of a 4 years notary public?
- True/False:
A notary public for New York must have their pri- mary residence in New York
- True/False:
A notary public must be a United States cit- izen, or an illegal alien with court appointed guardian.
False. An oflce or place of business is enough. Many people live in NJ or CT and commute to work in Manhattan, for example. They still qualify because their workplace is in NY state.
False. No illegal aliens.
Official character cards are issued by the Secre- tary of State and are filed with a county clerk.
- Within what period of time after the expiration of their term must a NP reapply to avoid having to re-qualify?
County clerks issue oflcial character cards (to be filed with other county clerks).
6 months
- Define an "acknowledge- A formal declaration by a person executing a document that such ment" (in notary public terms)
- Under what circum-
execution is their own act and deed.
Those notaries who became enlisted in the military are given * stance is the renewal pe- year* to reapply after the end of their term after leaving the military. It riod for the expiration of must be an honorable discharge, however. a notary public term ex- tended? What is the peri- od of extension? Restric- tions?
- Statute of Limitations A law that limits the time within which a criminal prosecution or a civil action must be started.
- True/False:
The NP serves at the discretion of the Secre- tary of State (SOS), and may be immediately sus- pended or removed by
False. Not immediately. The notary public (charged with misconduct) must be given a copy of the charges and have an opportunity of "being heard", as per State law.
the SOS for any miscon- duct
- What are the con- victions (other than a felony) which disqualify
There are 7 disqualifications (other than a felony).
They are: a notary public from tak- - illegal weapons. illegally using/carrying/possessing a pistol or ing office? 2) How many of these are listed?
- Are there any ex- ceptions to the dis- qualifications (misde- meanors/felonies) that allow a NP to take office?
- True/False:
An attorney who is a no- tary public who moves out of NY State, but who keeps an office in NY State, is not deemed a resident of that county where she or he is a no- tary public, but they are still allowed to keep their notary public license.
dangerous weapon
- making or possessing burglar's instruments
- buying/receiving/possessing stolen property
- unlawful entry of a building
- aiding escape from prison
- possessing or distributing habit-forming narcotic drugs
- vagrancy or prostitution
Yes. An executive pardon, a Certificate of Relief from Disabilities, or a Cer- tificate of Good Conduct.
Trick question. False.
As per State notary law they are still deemed a resident of their NY county just by keeping an oflce or place of business in that county. (Don't complain about trick questions, the exam will definitely have a few...)
if the person(s) signing the document can prove a physical residence in New York state (with ID, etc).
- To whom do you apply to The Secretary of State. $60. be a Notary Public? And how much is the fee?
- True/False:
All notary publics when appointed will receive an official notary public stamp and ID card.
False.
You only get a (paper) ID card. Go buy the rubber stamp yourself.
- Codicil An instrument made subsequent to a will and modifying it in some respects.
- True/False:
A notary public who moves out of State but maintains an office or
True.
But once they cease to live in the State (or have an oflce or place of business), their oflce as notary public is vacated.
- True/False:
A person convicted of unlawful entry into a building can be disquali- fied from being a notary public
- In terms of record keep- ing, the law states:
True.
- county clerk
- (notary public) commissions
- oflcial signatures The (1) shall make a proper index of (2) and (3) transmitted to that office by the Sec- retary of State.
- True/False:
Taking acknowledge- ments and affidavits over the telephone can be legal in certain cir- cumstances as long as it
[For answer #1? Read the whole statement through... the only possible answer was the county clerk.]
False.
Nothing can be notarized over the telephone, under any circum- stances.
aged card can be re- placed. It must bear the word "UNOFFICIAL COPY" across the face of it.
- Do your best and de- fine "Taking an Acknowl- edgement" in notary public terms...
PS: Don't think you won't get tricky questions like this on the exam. And btw, a duplicate is a lot better than an unoflcial copy...
The act of the person named in an instrument telling the notary public that she or he is the person named in the instrument and acknowledg- ing that she or he executed such instrument. (Also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgement is taken.) (This is the full definition as given in NY State law)
- Deposition
(The full legal definition,
The notary public "certifies to the taking of an acknowledgement" when the notary signs her or his oflcial signature to the form setting forth the fact of the taking of the acknowledgement.
The testimony of a witness taken out of court or other hearing proceeding, under oath or by aflrmation, before a notary public or other person, oflcer or commissioner before whom such testimony is according to the Dept. of (^) authorized by law to be taken, which is intended to be used at the trial State)
- What is the document called that certifies the commission of a notary public in another coun- ty? 2) How much does a county clerk charge to receive and file such a card in their records?
or hearing.
- Certificate of Oflcial Character. 2) $10 filing fee. (Remember this specific dollar amount for the exam. Actually... study carefully and remember all the fees listed in the Notary License law PDF file from the Dept. of State)
- Quiz: b) The New York County Clerk
As a notary, you are qual- ified in New York County. When writing out your check to pay for your notary renewal, you will make the check payable to:
a) New York County De- partment of State b) New York County Clerk c) New York Department of State d) New York State Divi- sion of Licensing e) It is not possible to be qualified in New York County
- Fill in the blank:
"An instrument with such certificate of au- thentication of the coun- ty clerk affixed there- to shall be entitled to "
(Hint: this is why a nota- rized document is valu- able)
to be read in evidence (in a court, etc)
d) 62 e) 14
- Oath A verbal pledge given by the person taking it that her or his statements are made under an immediate sense of this responsibility to God, who (The full definition as giv- (^) will punish the aflant if the statements are false. en in NY State law)
- Quiz:
An 'official character card' allows you to:
a) notarize documents in another county b) notarize and take oaths in another county c) allow you to notarize documents outside the state of NY d) only establishes 'good moral character' for use in courtrooms e) have your signature on file in another county
- True/False:
When a notary pub- lic marries and changes
e) an oflcial character card keeps your signature on file in another county
False.
Wrong on both counts, actually. If a notary changes their name mid-term, they can add their new name (in parenthesis) *immediate-
their name, they must continue to use the name on their first/orig- inal commission for all notarizations, but upon renewal they are al- lowed to choose one name or use both, adding their new mar- ried name in parenthe- ses.
- What is the crucial dif- ference between an 'ac- knowledgement' and a 'jurat' in notarizing doc- uments?
- Fill in the blank:
(This is a special adden- dum added to the dis- qualifications list in no- tary license law.)
"No person is eligible for the office of a no- tary public who has been convicted of a violation of (1) , or the (2) ."
ly*. Upon renewal after their 4 year term is over they can use either name, whichever they choose, but not both. They have to pick one.
In a jurat, the aflant (signer) takes an oath before signing the document.
- selective draft
- federal selective training and service act
disqualified in notarizing financially or beneficially interested in the conveyance or instrument, any document? that document becomes a 'nullity' with no legal ettect.
- Executor One named in a will to cary out the provisions of the will.
- In New York State, what is an official title similar to that of a Notary Public (often obtained by legal staff)?
Commissioner of Deeds
- Consideration Anything of value given to induce entering into a contract. It may be money, personal services, or even love and attection. (Yes, that means sex as well.)
- Quiz:
Two New York county notaries live in Tribeca,
The notary who moved to Hoboken.
As per state law, a notary must be registered in the New York county of their personal residence. The only exception is when a notary and work together in the moves outside NY state... in this case they can keep a notary license same office in Harlem. One notary moves to an apartment in Hobo- ken, and the other to an apartment in Long Island City. They still work in the same office
in the New York county where their oflce is located.
Hoboken is in New Jersey, so this notary gets to keep their notary license registered in New York county where they have their place of business.
Long Island City is in Queens, so this notary has to register with the Queens county clerk from now on, even if their place of business
together, but which one gets to keep their New York county license?
- True/False:
The official signature of a county clerk on a cer- tificate of authentication of a notary public may be a facsimile (printed or stamped, photographed etc).
is still in Manhattan. It doesn't matter anymore. Once you live in a ditterent NY county, that is where you must register your notary license.
True.
(This applies to the county clerk herself/himself, not notaries public.)
- Power of Attorney A written statement by an individual giving another person the power to act for her or him.
- True/False:
As a New York state no- tary, your signature can now be verified/authen- ticated in any county within the State.
- True/False:
False.
Your oflcial signature is kept on file in the county in which you live and first registered in. If you want to have a signature kept on file in other counties, you have to file an 'Oflcial Character Card' in those counties as well.
True. "... the laws of any other government or country may be exercised A notary public can nota- (^) and perfomed by notaries public, provided that when exercising such rize documents of other countries and nations.
powers s/he shall set forth the name of such other jurisdiction."
