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my own NYS NOTARY PRACTICE QUESTIONS > EXAM Questions > Flashcards

EXAM Questions Flashcards

1
Q

If a Notary refuses to notarize an affidavit presented for NY notary Mobile services. What is the potential maximum jail sentence?

 A. One month.
 B. Three months
 C. Six months.
 D. One Year
A

D. One Year

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2
Q

The notary certificate of a witness to the execution of a real estate conveyance is called

  A.  Qualified resident.
  B.  Official Character
  C.  Proof certificate
  D.  None of the above
A

C. Proof certificate

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3
Q

Which of the following is in the requirements to become a Notary Public in New York?

  A)  Be at least 18 years old.
  B)  No special education or common school level
  C)  Be a resident and or a qualified non-resident resident
  D)  All the above.
A

D) All the above.

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4
Q

If a Notary moves to another state but still works in N.Y.S. he/she:

 A)  Will pay an additional $15 out of state fee
 B)  No longer is qualified
 C)  Must get NY driver's license
 D)  Still is a qualified non-resident-resident".
A

D) Still is a qualified non-resident-resident”.

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5
Q

Which of the following are errors a notary can make that will not make the foregoing instrument get unrecorded?

A)  If the Notary Public was purporting to be a notary but was not licensed.
B)  If the Notary Public commission was expired.
C)  If a New York Notary notarizes in another state.
D)  All the above.
A

D) All the above.

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6
Q

If your neighbor you know asks you to notarize an affidavit you must?

A)  Administer an Oath of office.
B)  Administer an Oath & fill out the Jurat.
C)  Require a government issued, photo identification.
D)  Do a Protest for Non Payment certificate.
A

B) Administer an Oath & fill out the Jurat.

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7
Q

What is the name of the location where the Notary notarizes something?

A)  Protest for non-payment
B)  Venue.
C)  Affidavit
D)  Mobile Notary
A

B) Venue.

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8
Q

Which of the following activities may a non-attorney Notary perform?

A)  Explain to people what they are signing.
B)  Make a certified original certificate on a government document photocopy.
C)  Contracts of marriage within NY State borders.
D)  Administer an oath of office for a military officer.
A

D) Administer an oath of office for a military officer.

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9
Q

What is the County Clerk fee for a certificate of Official Character?

A)  $200
B)  $5.00
C)  $11.00
D)  No charge because it's a free service to the general public.
A

B) $5.00

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10
Q

Which of the following acts can be performed by a Notary Public on Sunday?

A)  Certified original certificate of government doc photocopy.
B)  Affidavit
C)  Someone's signature to their own will by non-attorney notary.
D)  A contract of marriage
A

B) Affidavit - is a signed statement (must be clearly understood)

Explanation:
-A) it’s illegal - make a separate document
(“Certified copy” = is a copy of a public record signed and certified as true copy by the public official having custody of the original)

-D) public notary can’t make marriage documents

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11
Q

What is every instrument in writing, except a will that transfers real estate interests?

A)  Conveyance
B)  Escrow
C)  Vendor receipt
D)  Duress
A

A) Conveyance (Deed) - any document (except wills) by which any
estate/interest in real property is created/transferred

Explanation:
-B) deliver the instrument to a third person (this is agreed and should be unaltered)

-D) unlawful constraint exercised upon a person whereby he is forced to do/act against his
will

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12
Q

Latin name for the words, “Sworn to before me this _______ day of ______”.

A)  Pro Se
B)  The Oath.
C)  The Affirmation.
D)  Jurat
A

D) Jurat

Explanation:
A) (for himself) - represent themselves without assistance (they are held up to the same
standards as an attorney)

B) declaration made to God or a supreme being

C) solemn vow by the signer that is not pledge to a higher power (personal honor)

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13
Q

What is a New York State Notary Public conflict of interest?

A)  Knowing the affiant personally.
B)  When you like somebody.
C)  When the document is from your company.
D) Legal Consideration
A

D) Legal Consideration (when he is getting a benefit)

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14
Q

A deponent is?

A)  One named in a will to carry out the provisions.
B)  The testimony of a witness taken out of court under oath/affirmation.
C)  An agreement.
D)  Someone ordered to a hearing out of court called a deposition.
A

D) Someone ordered to a hearing out of court called a deposition.

-interchangeably used with affiant (someone who makes the affidavit = the document
where they sign and notarize)

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15
Q

What is the notary fee for a protest of non-payment?

A)  .75 cents for the first one and .10 cents thereafter limit of 5
B)  $25 for unlimited within 24 hrs.
C)  $5 for the original and .50 cents per copy.
D)  $10 with a limit of 7.
A

A) .75 cents for the first one and .10 cents thereafter limit of 5

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16
Q

What is the name of what a Notary places below the Notary signature?

A)  Seal
B)  Stamp
C)  Statement of Authority
D)  Certification
A

C) Statement of Authority

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17
Q

Who approves the appointment of a Notary Public?

A)  The name appointed under and no other.
B)   County Clerk
C)  Secretary of State
D)  Town judge where the Notary resides
A

C) Secretary of State

18
Q

What is the fee for changing name for marriage purposes and updating the State?

A) The maiden name change fee $10
B) Free for anyone changing names for marriage purposes.
C) $5 to update the database.
D) $12 one-time fee

A

B) Free for anyone changing names for marriage purposes.

19
Q

Who must be with a bank employee to witness the terminated lease opening of a an abandoned safety deposit box?

A) A police officer or Sheriff.
B) A bank officer or employee of the lessor.
C) The lessee.
D) A Notary Public

A

D) A Notary Public - they must document the events taking place

20
Q

Who can translate a deed into another language to be filed in a NY County Clerk?

A) Translator with certificate of designation by the county judge.
B) Translation certified expert by Translators Society of USA.
C) Affidavit service magistrate.
D) All the above.

A

A) Translator with certificate of designation by the county judge.

21
Q

What can happen to a notary for doing something illegal or with malfeasance?

A) Can be summoned to a N.Y.S. tribunal hearing for license revocation.
B) Can go to criminal court as a defendant.
C) Can be sued for $ damages in Civil court.
D) All the above.

A

D) All the above.

(malfeasance = a wrongdoing)

22
Q

What do the two witnesses to a will sign?

A) The witness approval proof certificate.
B) Attestation clauses
C) Identity verification form
D) The affidavit

A

B) Attestation clauses

Definition:
-being a witness to or formally certifying something
(two witnesses to a will (signed))

Explanation:
D) is just the written document

23
Q

What is Chattel?

A) Beef stock certificates.
B) Personal property such as household goods or fixtures.
C) The Latin word for Jurat
D) The damages paid for wrongful Notary Public Fees charged by a Notary Public NY

A

B) Personal property such as household goods or fixtures.

Chattel - obligation to pay money and security interest in a lease or good

24
Q

Who issues certificates involved in various Notary Public procedures?

A) The county clerks offices.
B) The Secretary of State’s offices.
C) The Notary Public.
D) All the above.

A

D) All the above.

25
Q

What is an Executor

A) A document that verifies a Notary’s authority.
B) The placing of an instrument in the hands of a person as a depository.
C) The one named in the will to carry out the provisions of a will.
D) An instrument that modifies an already existing will.

A

C) The one named in the will to carry out the provisions of a will.

26
Q

What is the fee charged to a person for an affidavit at the County Clerks Office?

A) $2.00
B) $2.00 for each original signature witnessed.
C) .75 (cents) for the first one and .10 (cents) for the second one.
D) Notary services are free during normal business hours.

A

D) Notary services are free during normal business hours.

27
Q

What is the maximum jail sentence for a class D Felony?

A) seven years
B) 1 year.
C) Three years.
D) There is no maximum sentence.

A

A) seven years

28
Q

What is the maximum sentence for class A misdemeanors?

A) 1 year.
B) 5 years.
C) Probation for 3 years.
D) 6 months in jail.

A

A) 1 year.

29
Q

What is the maximum sentence for a Class E felony?

A) Four years.
B) 7 years.
C) 3 years.
D) There is no limit…the judge can do what he/she decides is fair.

A

A) Four years.

30
Q

What is the mandatory sentence for a class D felony convictions?

A) 4 years.
B) seven years.
C) 3 years.
D) There is no minimal sentence because the judge decides.

A

C) 3 years.

31
Q

What is the sentence for Class 2X felonies?

A) There is no 2X felony.
B) Class D felony 2nd offense 3 to 7 years.
C) Class E felony 1st offense 3 to 4 years.
D) The District attorney will decide with the judge in private.

A

A) There is no 2X felony.

32
Q

What is an Apostile?

A) Something certified for international use.
B) A Notary application.
C) Class D felony.
D) The administrator of a will appointed by the court.

A

A) Something certified for international use.

33
Q

Where is the Notary Public Law located?

A) The Public Officer’s Law aka Notary Public License law
B) At the local library
C) The County Clerk’s Hearing offices
D) The County Clerk’s authentication office.

A

A) The Public Officer’s Law aka Notary Public License law

34
Q

What was completed by a County Clerk when issuing an, “Authentication Certificate” and charging a $3 fee?

A) Verified the voter registration.
B) Verified the Notary Public signature is authentic.
C) Certification of the Notary Court involvement.
D) All the above.

A

B) Verified the Notary Public signature is authentic.

35
Q

Which of the following is, “Professional Misconduct”?

A) When a Notary does something while aware it is not a correct procedure.
B) Notarizing knowing there is a fake ID involved.
C) When the Notary makes a mistake and does the wrong thing.
D) A & B

A

D) A & B

36
Q

Which of the following people can hold the office of Notary Public?

A) A County Sheriff.
B) A former Commissioner of Deeds for NYC who was removed from office.
C) A & B above.
D) A convicted felon.

A

D) A convicted felon.

37
Q

Can a Notary who is also an officer of a corporation notarize for her own corp.?

A) No
B) Yes for employees and even fellow corporate officers.
C) Yes but only if she is not a party to the instrument individually or as a Co. Rep.
D) B & C above are both correct.

A

D) B & C above are both correct.

38
Q

Who has some limited rights to practice law as a non-attorney?

A) Law students after 2 semesters and have not failed bar exam 2 times.
B) Prevention of cruelty officers.
C) You practicing law for yourself only.
D) All the above.

A

D) All the above.

39
Q

What is required for an indictment for perjury on an affidavit?

A) Affiant saying “I do” or words of like meaning after the oath is read.
B) Affiant nodding head yes.
C) Affiant putting thumb print in designated box on form.
D) All the above.

A

A) Affiant saying “I do” or words of like meaning after the oath is read.

(perjury = intentional act of lying under oath when he knows it’s false)

40
Q

What is “Laches”?

A) A device to lock a Notary logbook safely away from the public.
B) getting too many parking tickets.
C) The delay or negligence in asserting one’s rights in court.
D) None of the above.

A

C) The delay or negligence in asserting one’s rights in court.

my own NYS NOTARY PRACTICE QUESTIONS (2 decks)

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