License Law

Question 1

What is a “Notary Public?”

Answer 1

An official of integrity recognized by the state government to serve the public as an impartial witness related to the signing of important documents

Question 2

Who appoints notaries?

Answer 2

Secretary of State

Question 3

How long is the “term of commission?”

Answer 3

4 years

Question 4

Notaries are governed mainly by which type of law?

Answer 4

Executive law

Question 5

The practice of taking acknowledgements and affidavits over the phone or without personal appearance is always…

Answer 5

ILLEGAL

Question 6

The simplest form in which an oath may be administered is…?

Answer 6

“Do you solemnly swear that the contents of this affidavit subscribed by you are correct and true?” (Oath)

“Do you solemnly and truthfully declare and affirm that the statements made by you are true and correct?”

Question 7

Notaries cannot….

Answer 7

• Divide fees with a licensed lawyer
• give advise on law
• ask for legal business to send

Question 8

Can someone who is not a resident of the state be a notary in that state?

Answer 8

yes, but only if they have a place of business in that state

Question 9

Who cannot be a notary

Answer 9

Sheriffs

Question 10

Forgery in the second degree

Answer 10

“With intent”

Class D Felony - 7 years

Question 11

Issuing a false certificate

Answer 11

Class E felony -4 years

Question 12

What would be considered official misconduct (class A misdemeanor)?

Answer 12

• Committing an act related to the office but is an unauthorized exercise of official functions
• knowingly refraining from performing your duties imposed on you by law

Question 13

Taking acknowledgements….

Answer 13

“On this day of …. (specified date) before me came…. to me known to be the individual described and who executed the foregoing instrument and acknowledged that he executed the same.”

Question 14

Administrator

Answer 14

A person appointed by the court to manage the estate of a deceased person who left NO will

Question 15

Affidavit

Answer 15

• A signed statement sworn to by the maker thereof, before a notary public authorized to administer oaths.
• the venue and county where the affidavit was sworn to should be accurately stated

Question 16

Affiant

Answer 16

Person who makes and subscribes his signature to an affidavit

Question 17

Affirmation

Answer 17

A declaration made by someone who declined taking an oath (it is equally equivalent and just as binding as an oath) however some people may have religious or personal reasons against taking an oath

Question 18

Apostile

Answer 18

Department of state authentication that is attached to a notarized and county certified document for possible international use

Question 19

Attest

Answer 19

To witness the execution of a written instrument at the request of the person who makes it

Question 20

Chattel

Answer 20

Personal property such as household goods or fixtures

Question 21

Consideration

Answer 21

Anything of value given to induce entering into a contract

Question 22

Codicil

Answer 22

Instrument made subsequent to a will and modifying it in some way

Question 23

Conveyance

Answer 23

Every instrument in writing (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered

Question 24

Deponent

Answer 24

Used interchangeably with “affiant”

Someone who makes an oath to a written statement

Question 25

deposition

Answer 25

Testimony of a witness taken out of court or other hearing, under oath or affirmation before a notary public or other officer. Often intended to be used at a trail or hearing

Question 26

Felony

Answer 26

A crime punishable by death or imprisonment

Question 27

Ex- parte

Answer 27

(From one side only)

Question 28

Jurat

Answer 28

The part of an affidavit where the notary certified that it was “sworn before him”

Question 29

Venue

Answer 29

The geographical place where the notary takes the affidavit Included on all affidavits

Question 30

Minimum time for imprisonments on a felony conviction?

Answer 30

365 days

Question 31

When a married woman is reappointed to the office of notary public which surname should she use?

Answer 31

Either upon reappointment

Question 32

What is the best source for an official certified copy of a document?

Answer 32

Public records office with custody of the original

Question 33

An advantage of a document that has been “acknowledged” is that it can be presented in court as...?

Answer 33

Prima fácie evidence

Question 34

Notaries fines for misconduct may not exceed ___$ for an official misconduct

Answer 34

500$

Question 35

Escrow

Answer 35

Using a second party to complete an act to be given to a third party

Question 36

Executor

Answer 36

A person who carries out the provisions of a will

Question 37

Guardian

Answer 37

A person in charge of a minors property

Question 38

*Laches

Answer 38

A delay or negligence in ones legal rights

Question 39

Lease

Answer 39

A termed rent

Question 40

Lien

Answer 40

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied

Question 41

Litigation

Answer 41

The act of carrying out a lawsuit

Question 42

Power of attorney

Answer 42

written at statement by an individual which gives a lawyer the power to speak on behalf of him

Question 43

Seal

Answer 43

not required in NYS If it is used all that is required is “Brenna Spillane, notary public for the state of New York”

Question 44

On what day can notary Publics not administer an oath or affidavit?

Answer 44

Sunday’s

Question 45

Will

Answer 45

The disposition of ones property to take effect after their death