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NYS Notary Exam
| Question | Answer |
|---|---|
| What cannot be done on a Sunday by a Notary Public? | Take a deposition |
| What is a lawyer referred to, when they are also a notary public? | Attorney and counselor at law |
| A misdemeanor is any crime other than a ____? | Felony |
| What data does credential analysis pull from? | Private and public data |
| What felony class is forgery in the second degree? | Class D felony |
| Conveyances of real property shall not be recorded when _______. | It is in a foreign language without translation |
| When a safe deposit box has not been paid, when can the contents be removed? | Within at least 30 days |
| A notary that knowingly issues a false certificate can be prosecuted for a _______. | Forgery |
| The minimum standard of proofing for identity is _______. | Identity Assurance Level 2 |
| When a notary does not execute a duty mandated by law or inherent to their role, they may be culpable of committing which offense? | A minor crime |
| What is a document called when a public official verifies it as an accurate reproduction of an original public record? | True copy |
| What is the term used for granting someone the right to use real estate for a specified period, whether for years, life, or indefinitely? | Rental agreement |
| The NY Secretary of State has the authority to suspend or remove a notary from office due to misconduct. Before this action, the notary must be provided with what? | Opportunity for a change to contest and a formal inquiry |
| For witnessing the execution of a document by two individuals and administering oaths to three witnesses, what fee can a notary charge? | $10 |
| Fee for filing a certificate of official character in a different county than the original commission: | $10 |
| A notary commissioned in Rockland County but working in Westchester County needs documents notarized at work authenticated. Where should the signer go to authenticate? | Rockland County |
| Who cannot hold another office while serving in their current position? | Sheriff |
| For misconduct by a notary, what is the notary liable for in relation to the injured parties? | Compensation for damages sustained |
| A NY recording office will only accept and record a conveyance if it ________. | is in English or has an English translation |
| Upon expiration of the NY Notaries commission, if the notary does not renew within 180 days, they may be required to ______. | Retake the notary exam |
| When a subscribing witness presents a document to a Notary, the notarial act is referred to as ________. | Execution verification |
| A notary is prohibited from notarizing documents in cases when they have ______. | Any which hold personal, financial, or emotional interest |
| A notary cannot charge a fee for administering an Oath of Office to: | A state legislator, a member of the legislature, or military officers |
| A subscribing witness is defined as: | A witness that verifies the execution of a document by an absent signer to the Notary |
| What fee may a notary charge for administering an Oath of Office to a public officer? | $0 |
| A notary is not authorized to perform the notarization of (a) affirmations, (b) witnessing a safe deposit box opening, (c) issuing a copy certification certificate, or (d) acknowledgements | Issuing a copy certification certificate |
| A notary is not allowed to (a) notarize their own signature, (b) perform notarization on Sundays, or (c) notarize on a legal holiday? | Notarize their own signature |
| Forgery on a notarized document can lead to a conviction of a _________ degree Class __ ________. | Second degree Class D Felony |
| If a notary falsely certifies personal appearance, they may be guilty of ______. | A felony |
| A certified copy of a recorded document can be obtained from ______. | The public office where it was originally issued |
| A document notarized to authorize someone to act on another's behalf is called ______. | Power of attorney |
| An authentication certificate may be attached to a notarized document by (a) the notary, (b) the county clerk and/or secretary of state, (c) the document signer, or (d) the subscribing witness. | The county clerk and/or secretary of state |
| A copy of the notary's certificate witnessing an abandoned safe deposit box opening must be sent to the lessee via registered mail within ____ days of opening. | 10 days |
| A signer who was overcharged Notary fees may seek damages amounting to _____ the overcharged amount. | Three times |
| An affidavit differs from a deposition as it is (a) an oral testimony taken outside of court, (b) an ex-parte statement, (c) a written statement, (d) both B + C | Both B + C (an ex-parte statement and a written statement) |
| What is the total commission fee for the appointment of a notary public? | $60 |
| Which two actions cost $10 for a notary public? | Issuing a duplicate ID card and/or changing the name and/or address on an ID card |
| NYS Executive Law covers what aspects of notarial duties/responsibilities? | Powers + duties, fees, electronic notarization, fraud within office, and the signature + seal of county clerk |
| NYS Real Property Law covers what aspects of notarial duties/responsibilities? | Definitions, acknowledgements, proof by subscribing witness, certificates of proof/acknowledgement, when conveyance is not recorded, and guilt of malfeasance |
| NYS Public Officers covers what aspects of notarial duties/responsibilities? | Administering oath of a public officer |
| Who is a principal, in regard to an electronic notarization? | An individual involved with a notarized record or who has taken an oath via notary |
| Which aspects of notarial duties entitle a notary to a fee of $2? | Administering an oath or affirmation and/or certifying an oath or affirmation |
| Which aspects of notarial duties entitle a notary to a fee of $2, including an additional $2 for each individual? | Taking and certifying the acknowledgement or proof of execution of a written instrument and swearing a witness |
| Which aspect of notarial duties entitle a notary to a fee of $3? | Authentication certificate |
| Which aspects of notarial duties entitle a notary to a fee of $1? | Issuing a certificate of official character and/or filing a certificate of official character |
| Which aspects of notarial duties do notaries have to pay $10 for? | Changing their name/address and/or issuance of a duplicate ID card |
| T/F: A notary can divide their fee with a lawyer. | False |
| T/F: A notary can acknowledge the execution of a will. | False |
| The term of a notary public is ____ years. | 4 |
| Who certifies a notary's official status? | The Secretary of State |
| Who certifies a notary's signature(s)? | A county clerk |
| T/F: Each county clerk must have at least one notary public staff member available to notarize documents for the public during normal business hours for a fee of $2. | False, they have to offer services free of charge |
| T/F: A notary public may take a deposition in a civil proceeding. | True |
| T/F: A notary public is guilty of a misdemeanor if they perform any duties of a notary before taking and filing oath of office. | True |
| T/F: If the law allows, a public officer may demand a fee before a duty is performed. | True |
| What is the sentence of imprisonment for a class D felony? | Shall not exceed seven (7) years |
| What is the sentence of imprisonment for a class E felony? | Shall not exceed four (4) years |
| What is the sentence of imprisonment for a class A misdemeanor? | Shall be a fixed sentence and not exceed one (1) year |
| What makes a person guilty of forgery in the second degree? | When they, with intent to defraud, deceive, or injures another, falsely makes, completes, or alters a written instrument which is completed. |
| When is a public servant guilty of official misconduct? | When they, with intent to obtain benefit or to injure or deprive another of a benefit - refrain from performing a duty imposed upon them by law or inherent of the nature of the office |
| How long must a notary public maintain records sufficient to document compliance? | At least ten (10) years |
| What is a codicil? | Writing that indicates that the holder is owed money and has a security interest in valuable goods associated with the debt. |
| What is an apostile? | A form of authentication issued by the Department of State -- it is notarized and county-certified and can be used internationally |
| What is the difference between an affirmation and an oath? | A person can take an affirmation, as opposed to an oath, for religious, ethical, or other reasons |
| What is the difference between an affidavit and a deposition? | An affidavit is a written, ex-parte statement, while a deposition is oral testimony |
| What is the difference between the executor and administrator of a will? | An executor is named in the will whole the administrator is appointed when there is (a) no will, (b) the named executor cannot serve, or (c) the will does not name an executor |
| What is the difference between chattel paper and conveyance (deed)? | Chattel paper regards movable property (personal property) and outlines debt + security interest while conveyance regards real property sales and transfer's ownership/title |
| Where is an attestation clause used? | At the end of a will where the witness certifies that the will was executed before them, and the manner of the execution the same. |
| What is the difference between a deponent and an affiant? | Same thing, different sworn act |
| What is an ex-parte statement? | A hearing or examination without requiring all of the parties to be present. |
| What are laches? | The delay or negligence in asserting one's legal rights. |
| What is a subordination clause? | A clause in an agreement which states that a future mortgage takes priority over an existing mortgage. |
| What notarial act incurs a charge of $0.75, with an additional fee of $0.10? | Protest of note or commercial paper, and each additional notice |
| What is the limit of additional notice of protest? | Five (5) |
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