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Notary Test
From NP License Law/ Quizlet
| Term | Definition |
|---|---|
| Acknowledgment | A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his/her act and deed. |
| Administrator | A person appointed by the Court to manage the estate of a deceased person who left NO will. |
| Affiant | The person who makes or subscribes his/her signature to an affidavit. |
| Affidavit | A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the affidavit was sworn to should be accurately stated. |
| Affirmation | A solemn declaration made by person(s) who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person __. |
| Apostile | Department of State authentication attached to a notarized and county-certified document for potential international use. |
| Attest | To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness. |
| Attestation Clause | (at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of same. |
| Authentication (Notarial) | A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the NP to act as such. |
| Bill of Sale | Written instrument given to pass title of personal property from vendor to vendee. |
| Certified Copy | A copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue these copies. |
| Chattel | Personal property, such as household goods or fixtures. |
| Chattel Paper | A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as the security agreement. |
| Codicil | An instrument made subsequent to a will and modifying it in some respects. |
| Consideration | Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. |
| Contempt of Court | Behavior disrespectful of the authority of a Court which disrupts the execution of Court orders. |
| Contract | An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses. |
| Conveyance (Deed) | Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned, or surrendered. |
| County Clerk's Certificate | A certificate subjoined by a county clerk to any certificate of proof or acknowledgement or oath signed by a NP. |
| Deponent | One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant." |
| Deposition | The testimony of a witness taken out of Court or other hearing proceeding, under oath or by affirmation, before a NP or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the |
| Duress | Unlawful constraint exercised upon a person whereby he/she is forced to do some act against his will. |
| 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 instrument to a third person. This agreement, once established, should be unalterable. |
| Executor | One named IN the will to carry out the provisions of the will. |
| Ex Parte | From one side only; A hearing or examination in the presence of, or on the papers filed by, one party and in the absence of another. |
| Felony | A crime punishable by death or imprisonment in a state prison. |
| Guardian | A person in charge of a minor's person or property. |
| Judgment | Decree of a Court declaring that one individual is indebted to another and fixing the amount of such indebtedness. |
| Jurat | is that part of an affidavit where the officer (NP) certifies that it was sworn to before him/her- it is not the affidavit. |
| Laches | The delay or negligence in asserting one's legal rights. |
| Lease | A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, or for a term of years or at will. |
| Lien | A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. |
| Litigation | The act of carrying on a lawsuit. |
| Misdemeanor | Any crime other than a felony |
| Mortgage on Real Property | An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond. |
| Notary Public | A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmations as to the truth of statements contained in papers or docs requiring the adm |
| Oath | A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if statements are false. |
| 2309(b) form | An oath or affirmation shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs. |
| Plaintiff | A person who starts a suit or brings an action against another. |
| Power of Attorney (POA) | A written statement by an individual giving another person the power to act for him/her. |
| Proof | The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument. |
| Protest | A formal statement in writing by a NP, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused. |
| Seal | The laws of NYS do not require the use of seals by NP's. If a seal is used, it should sufficiently identify the NP, their authority and jurisdiction. In the opinion of the dept of state that only the inscription required is the name of the NP and the word |
| Signature of Notary Public | A NP must sign the name under which he was appointed and no other. In addition to his signature and venue, the NP shall print, typewrite or stamp beneath his signature in black ink, his name, the words "Notary Public for the State of New York", the name o |
| Statute | A law established by an act of the legislature. |
| Statute of Frauds | State law which provides that certain contracts must be in writing, or partially compiled with, in order to be enforceable by law. |
| Statute of Limitations | A law that limits the time within which a criminal prosecution or civil action must be started. |
| Subordination Clause | A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. |
| Sunday | A NP may administer an oath or take an affidavit or acknowledgement on __. However, a deposition cannot be taken on a __ in a civil proceeding. |
| Swear | This term includes every mode authorized by law for administering an oath. |
| Taking an Acknowledgment | The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the i |
| Venue | The geographical place where a NP takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the __ of the notarial act. |
| Will | The disposition of one's property to take effect after death. |
| Appointment fee of a NP (total fee) | $60.00 ($40 appointment and $20 filing of Oath of Office) |
| Change of Name/Address fee | $10.00 |
| Duplicate ID Card Fee | $10.00 |
| Issuance of Certificate of Official Character Fee | $1.00 |
| Filing Certificate of Official Character Fee | $1.00 |
| Authentication Certificate Fee | $3.00 |
| Protest of Note, Commercial Paper, Etc. Fee | $0.75 |
| Each additional Notice of Protest fee (limit 5) each | $0.10 |
| Oath or Affirmation fee | $2.00 |
| Acknowledgment fee (each person) | $2.00 |
| Proof of Execution fee (each person) | $2.00 |
| Swearing Witness fee | $2.00 |
| Notaries Public are Comissioned by | The Secretary of State |
| Non-residents of NYS may also become notaries IF | they have offices/ places of business within the state |
| The ___ and ___ of the notary must be filed in the office of the county clerk of the county where the notary is located, or has an office/ place of business | Oath of Office and Signature |
| Use of the office of notary in other than the ___, ______ procedure required is viewed as a serious offense. | specific, step-by-step |
| A notary can _____ administer an oath to themselves | NEVER |
| Slipshod Administration of Oaths | such as skipping the verbal ceremony, allowing signatures without personal appearance, or using the telephone/video instead of in person is illegal and considered professional misconduct |
| The simplest form in which any oath may be administered: | Do you solemnly swear that the contents of this affidavit subscibed by you is correct and true? |
| Use of the office of notary in other than the ___, ______ procedure required is viewed as a serious offense. | specific, step-by-step |
| Activities that are prohibited by a NP: | 1 May not give advice on the law; 2 May not ask for and get legal business to send to a lawyer; 3 May not divide or agree to divide their fees with a lawyer; 4May not advertise or circulate in any matter that they have the powers or rights granted by law. |
| A notary can _____ administer an oath to themselves | NEVER |
| What document is a notary NEVER to acknowledge? | A Will |
| Slipshod Administration of Oaths | such as skipping the verbal ceremony, allowing signatures without personal appearance, or using the telephone/video instead of in person is illegal and considered professional misconduct |
| Is there a restriction on the # of notaries the secretary of state can appoint? | No |
| The simplest form in which any oath may be administered: | Do you solemnly swear that the contents of this affidavit subscibed by you is correct and true? |
| Activities that are prohibited by a NP: | 1 May not give advice on the law; 2 May not ask for and get legal business to send to a lawyer; 3 May not divide or agree to divide their fees with a lawyer; 4May not advertise or circulate in any matter that they have the powers or rights granted by law. |
| What document is a notary NEVER to acknowledge? | A Will |
| Is there a restriction on the # of notaries the secretary of state can appoint? | No |
| How long is the term of a Notary Public? | 4 years |
| Citizenship Requirement | A NP Must be a US citizen |
| What are the qualifying requirements for a NP applicant by the secretary of state? | 1. Applicant must have good moral character; 2. Common school education (or equivalent); 3. Must be familiar w/ duties and responsibilites of a NP |
| Ex Parte | One side only; A hearing or examination in the presence of, or on papers filed by, one party in the absence of another. |
| County Clerks issue: | Official character cards (to be filed with other county clerks). |
| Within what period of time after the expiration of their term must a NP re-apply to avoid having to re-qualify | 6 Months |
| Those notaries who became enlisted in the military are given __ year(s) to re-apply after the end of their term after leaving the military | 1 year & must be HONORABLE discharge. |
| The NP serves at the discretion of the Secretary of State, and may be suspended or removed by the SOS for any misconduct immediately ? True or false | Not immediately, must be given a copy of the charges and have an oppurtunity to be heard as per state law. |
| 7 disqualifications (other than a felony): for a NP | 1. illegal weapons (carrying, possessing); 2. Making or possessing burglar's instruments; 3.Buying/receiving/possessing stolen property;4. Unlawful entry of a building;5. Aiding escape from prison;6. possessing or distributing narcotic drugs;7. prostitut |
| Exceptions to the Disqualifications for a NP | An executive pardon, a certificate of relief from disabilities, or a cert. of good conduct |
| When applying to become a NP, what things other than fees must be submitted to the Sec. of State? | 1. The oath of office (itself notarized); 2. Official signature of the new NP |
| NYS Notaries can only notarize docs in ___, no exceptions. | in NYS. |
| Once appointed, the NP will receive: | NP will get a paper ID card, you have to go buy the rubber stamp yourself. |
Created by:
Katiecreenan13