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NYS NOTARY EXAM 202 5 /ACTUAL EXAM QUESTIONS
WITH CORRECT DETAILED ANSWERS WITH
RATIONALES- 2025 - 2026 (100% VERIFIED)
A notary at the time of appointment must be either a NYS resident or have a place of business in New York State?
- Correct answer-TRUE - a notary must also be a unitedstates citizen at the time of appointment. however, the department of state, division oflicensing services web site adds that notary may also be a permanent resident alien ofthe united states 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?
- Correct answer-TRUE - how if anon resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public. In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education?
- Correct answer-TRUE-example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks The Secretary of State can remove a notary without serving a copy of the charges against him? – Correct answer-FALSE - the secretary of state must serve the chargesand give him an opportunity to be heard.
No person shall be appointed a notary who has been convicted of any misdemeanor. - Correct answer-FALSE- a person cannot be appointed a notary if convicted of a felony No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs?
- Correct answer-TRUE - also cannot be appointed a notary if convixted of vagrancy or prostitution (unless theperson was pardoned or received a certificate of good conduct from a parole board). 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?
- Correct answer-TRUE - this section applies to attorneys who are admitted to practice in NYS and are counselorsin the courts of record in New York State. The secretary of state shall receive a fee of $20 for changing the name or address of anotary public
- Correct answer-FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10. Only the secretary of state may issue a certificate of official character.
- Correct answer-FALSE- the county clerk may also issue a certificate of office The secretary of state shall collect $10 for the issuance of a certificate official character?
- Correct answer-TRUE - the county clerk collects $10 for the filling of the certificate of
- Correct answer-FALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public
- Correct answer-FALSE- Sheriffs cannot holdany other office A notary public shall not notarize a paper if he has a pecuniary interest in thetransaction
- Correct answer-TRUE- such notarization would be invalid The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped.
- Correct answer-TRUE- also maybe photographed or engraved thereon A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public's actions
- Correct answer-FALSE- a notary public is liable forsuch damages A person not commissioned a notary public who acts as a notary public is guilty of a felony . - Correct answer-FALSE- such a person is guilty of a misdemeanor. also fraud inoffice is also a misdemeanor A notary public who is licensed as an attorney in NYS may substitute the words "attorney and counselor at law" for "notary public"
- Correct answer-TRUE- also, in NYCall notaries must affix to each instrument their official number No official act of a notary public shall be held invalid on account of failure to comply withthe
provisions listed in executive law 137
- Correct answer-TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in theinstrument . - Correct answer-TRUE- also if the notary public is a director or agent of such corporation An official certificate of a notary may be valid even if his term of office had expired. - Correct answer-TRUE- also valid if there is a misspelling or other error made in his appointment or commission An official certificate of a notary may be valid even if there was ineligibility of the notaryto be appointed or commissioned - Correct answer-TRUE- also may be valid if there was an omission of the notary public to take or file his official oath. 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. - Correct answer-TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act The term "lien" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned.
- Correct answer-FALSE- the definition applies to the legal term "conveyance"
executed the instrument - Correct answer-FALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance. A person taking the acknowledgment or proof of a conveyance must endorse thereuponor attach certificate signed by a country clerk - Correct answer-FALSE- the certificate must be signed by the person taking the acknowledgment of proof An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured - Correct answer-FALSE-he is liable for damages to the person injured A conveyance of real property shall not be recorded unless it is in the english language.
- Correct answer-FALSE- may be recorded if there is attached to it an official translationproved and authenticated in a manner required of conveyances for recording in NYS A deposition (may/may not) be taken before a notary public in a civil proceeding? - Correct answer-a deposition may be taking before a notary public in a civil proceeding Within days of the opening of a the safe deposit box, a copy of the notary public's certificate must be mailed to the lessee at his last known postal address - Correct answer- 10 days also the box cannot be opened by the lessor until 30 days after noticeto the lessee A notary public (has/has not) authority to solemnize marriages? - Correct answer-doesnot have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage
The oath of a public officer (may/may not) be administered by a notary public. - Correct answer-An oath to an official may be administered by a notary public. 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 - Correct answer-TRUE- there is anexemption for the officers of societies for the prevention of cruelty and certain law students. Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney - Correct answer-TRUE- notaries public are expressly prohibitedfrom drawing up wills. a notary public is not a public officer - Correct answer-FALSE- a notary is a publicofficer and must not act without having and duly filed the required oath of office A person who acts as a notary without having taken and duly filed the required oath ofoffice is guilty of a - Correct answer-misdemeanor, the oath must be as prescribed by law
Issuing a false certificate is a class felony - Correct answer-E Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions - Correct answer-TRUE- also includes refraining from performing a duty which is imposed upon him by law or isclearly inherent in the nature of his office An officer before whom an oath or affidavit may be taken is bound to administer thesame when required. - Correct answer-TRUE- refusal to do so is a misdemeanor A person is guilty of perjury if under oath or he has given false testimony - Correct answer-AFFIRMATION- the testimony must have been given on a material matter An is formal declaration before an authorized officer by a person who has executedan instrument that such execution is his act and deed. - Correct answer- acknowledgement- the officer must know that the person making it is the person described and who executed the instrument
It is not essential that the person who executed the instrument sign his name in the presence of the notary. - Correct answer-TRUE- however, taking acknowledgementsover the phone is illegal A notary who takes an acknowledgment over the telephone is guilty of a. - Correct answer-misdemeanor Unless the person who makes the acknowledgment appears in front of the notary, thenotary's certificate that he so came is. - Correct answer-Fraudulent Making a false certificate is forgery in the degree - Correct answer-Second A notary public (should/should not) take an acknowledgement to a legal instrument towhich the notary is a party in interest. - Correct answer-should not An (administrator/affiant) is a person appointed by the court to manage the estate of adeceased person who left no will. - Correct answer-administrator a (statute/affidavit) is a signed statement, duly sworn, before a notary public or otherofficer authorized to administer oaths. - Correct answer-affidavit An (attestation/apostile) is a department of state authentication attached to a notarizedand county certified document for international use - Correct answer-Apostile An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary. - Correct answer-Authentication
a is a copy of a public record signed and certified as true copy by the public officialhaving custody of the original. - Correct answer-certified copy Behavior that is disrespectful of the authority of a court which disrupts the execution ofcourt orders is known as - Correct answer-contempt of court A is an agreement between competent parties to do or not do certain things forlegal consideration. - Correct answer-contract Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as - Correct answer-conveyance Another term for County clerk's certificate is - Correct answer-authentication A is one who makes an oath to a written statement - Correct answer-deponent A is the testimony of a witness taken out of court, before a notary or other person. - Correct answer-deposition Constraint exercised upon a person whereby he is forced to do some act against his willis known as - Correct answer-duress An is one named in a will to carry out the provision of the will - Correct answer- executor 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. - Correct answer-escrow
means to do a hearing or examination in the presence of, or on papers filed by,one party in the absence of the other - Correct answer-Ex parte A is a crime punishable by death or imprisonment over one year - Correct answer-felony A is a person in charge of a minor's person - Correct answer-guardian A is a decree of a court declaring that one party is indebted to another and fixingthe amount of such indebtedness - Correct answer-judgement The appoints and commissions notaries public in New York State. - Correct answer-Secretary of State The jurisdiction of notaries public is - Correct answer-New York State Notaries public are appointed for years - Correct answer- 4 years
Correct answer-commission term The secretary of state must send $20 fee to the by the 10th day of the following month - Correct answer-county clerk The makes an index of commissions and official signatures transmitted by thecounty clerk. - Correct answer-secretary of state The issues reappointment commissions to notaries public - Correct answer-countyclerk the shall receive a fee of $60 from each applicant for reappointment - Correct answer-county clerk The county clerk shall transmit to the secretary of state from the fee for reappointment - Correct answer-$
Generally, the secretary of state shall receive a non refundable fee of for changing the name or address of a notary. - Correct answer-$ The secretary of state may issue a duplicate identification card for a fee of - Correct answer-$ The county clerk where the notary commission is filed or the may certify as to the official character of such notary public - Correct answer-secretary of state The secretary of state shall collect for a certificate of official character issued by him thesum of $ - Correct answer-$ The county clerk charges a fee of $ to file a certificate of official character - Correct answer-$ A person convicted of a violation of the selective draft act of the US (is/is not) eligible for appointment as notary public? - Correct answer-is not Each county clerk shall designate at least of his staff to act as notary public to notarize documents during business hours at no charge - Correct answer-one A sheriff (may/may not) hold another office? - Correct answer-may not A member of the legislature (may/may not) be appointed a notary public - Correct answer-may
