Notary Flashcards
- Venue and Date of the Notarial Act.
- Names of the undersigned who appeared before the Notary and are subscribed in the document.
- Substance or details of the act.
- All blank spaces and information required by law must be properly filled in.
Certificate of acknowledgment for a conveyance required information
$0.75, For a protest
$0.10, For an additional Protests limit of 5
$2.00, For an Oath of affirmation, Jurat, Acknowledgment, Proof of Execution or Swearing of a witness.
Fees a Notary may charge
New York Election law allows them to become Notaries
The Commissioner of elections and the Inspector of elections.
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.
Contract
The formal declaration made by a subscribing witness to the execution of an instrument setting forth his or her place of residence, that he or she knew the person described in and who executed the instrument and that he or she saw such person execute such instrument.
Proof
The section of an affidavit where the officer (Notary Public) certifies that it was sworn to before him or her. An Affidavit’s certificate.
Jurat
The act of carrying on a lawsuit.
Litigation
A person who makes and subscribes his or her signature to an affidavit.
Affiant
One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with “Affiant.”
Deponent
Receives an application from the Secretary of State’s office three months prior to commission’s expiration date.
Notaries applying for reappointment
Department of State authentication attached to a notarized and county certified document for possible international use.
Apostille
Must not be used when taking an acknowledgement proof for a document that does not relate to real property located in New York.
Uniform acknowledgement or proof certificate
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.
Escrow
Under New York’s real property law, term that may refer to an individual, a partnership or a corporation when it appears in an uniform certificate of acknowledgment.
Person
A verbal pledge given by the person taking it that his or her statements are made under an immediate sense of his or her responsibility to God, who will punish the affiant if the statements are false.
Oath
A formal statement in writing by a notary public, 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.
Protest
Term that includes every mode authorized by law for administering an oath.
Swear
A written statement by an individual giving another person the power to act for him or her.
Power of Attorney
- Practice law in New York
- Court clerks who have taken a Civil Service exam
- Applying before or within six months of term’s expiration
- Qualified U.S. military personnel
Reasons why commission requirements may be waived by the Secretary of State
A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods.
Chattel Paper
A certificate that authenticates a Notary signature and it is issue by the Secretary of State or the county clerk.
Certificate of Official Character
- Sheriffs
- Anyone convicted of violating the selective service act of 1917
- Those convicted of violating the Service Act of 1940
Not eligible to the Notary Public office
Commissions Notaries Public.
The Secretary of State
Person who starts a suit or brings an action against another.
Plaintiff
A crime punishable by death or imprisonment in a state prison.
Felony
Legal term that means signing a document.
Executing an instrument
$60.00, Appointment as Notary Public
$10.00, Change of Name or Address, Duplicate identification card or filling certificate of official character.
$5.00, Issuance of Certificate of Official character
$3.00, Authentication Certificate
Fees a Notary must pay
- Individuals removed from the Commissioner of Deeds office.
- Anyone convicted of a felony, unless pardoned
- Anyone convicted of violating various crimes and sections of the penal and judiciary law.
Not eligible to become a Notary Public under New York’s executive Law
Behavior disrespectful of the authority of a court which disrupts the execution of court orders.
Contempt of Court
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 affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath.
Notary Public
- Notarial Act’s venue.
- Notary’s Name, Signature, county of commission and commission’s expiration date.
- The words “Notary Public, State of New York”
Notary Certificate required information
That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.
Attestation Clause
Refers to any material designed to give notice of or to promote or describe the services a Notary offers for profit, whether in print or electronic form, including business cards, brochures and notices.
Advertisement
Stipulates that each county clerk m ust designate at least one staff member to serve as a Notary Public
County Law
A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.
Subordination Clause
Name under which a Notary was appointed and no other, used when signing Notary certificates.
Signature of Notary Public