Executive Law 130: appointment of notaries public Flashcards
A New York State resident notary public who moves out of New York State but still maintains a place of business in New York State can continue to be a notary in New York State.
True
However if a nonresident notary cease to have a place of business in New York State then he vacates his office as a notary public.
A notary at the time of appointment must be either a NYS resident or have a place of business in NYS.
True
A notary must also be a United States citizen at the time of appointment (according to statue) however the Department of State division of licensing services website adds that the notary may also be a permanent resident alien of United States
In certain situations the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education.
True
Example, when applicant applies less than six months after his term of notary has expired, or upon the application of attorney admitted to practice in New York State and certain court clerks.
The Secretary of State can remove the notary without serving a copy of the charges against him.
False
The Secretary of State must serve the charges and give him an opportunity to be heard.
No person shall be appointed a notary who has been convicted of a misdemeanor.
False
A person CANNOT be a point to a notary if convicted of a felony.
No person shall be appointed a notary public if he has been convicted of unlawful possession or distribution of habit forming narcotic drugs
True
Also cannot be appointed to a notary if convicted of vagrancy or prostitution (unless the person was subsequently pardoned or received a certificate of good conduct from parole board).
An attorney who is a notary public who moves to another state shall be deemed a resident of the county which he maintains an office in New York State.
True
this section applies to attorneys who are admitted to practice in New York State and are counselors in the court of record in New York State
This secretary of state shall collect $10 for the issuance of a Certificate of Official Character.
True
The County Clerk collects $10 for the FILING of the certificate of official Character and $5 for the ISSUANCE of the certificate of official character with seal attached.
The ?????? appoints and commissions notaries public in New York state.
The Secretary of State of appoint notaries for a 4 your term.
The jurisdiction of notaries public is ??????
New York State (statewide)
Notaries are appointed by the Secretary of State
Notaries public are appointment for ?????? years.
4 years
At the end of that period they may apply to renew their term (reappointment).
Applications for notaries public are as prescribed by ??????.
The Secretary of State
The term of a notary public is four years
Attorneys and ?????? are exempt from taking the notary public exam.
Certain county clerks
(That work of the New York State unified court system and have been appointed as a result of a civil service exam in the court clerks series of exam)
Applicants for notary public must have the equivalent of a ?????? school education
Common school
Applicants must also be US citizens at the time of appointment as for executive level 130 (case law may different)
The ?????? may suspend or remove a notary public from office.
Secretary of State
Grounds for removal include misconduct and fraud.
