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Notary Public > Notary Public > Flashcards

Notary Public Flashcards

1
Q

When can a Notary Public re-apply for commission without re-testing?

A

1) Up until 6 months from expiration date.
2) Up until a year after military discharge (except dishonorable).
3) When the renewal is mailed to the Notary Public reminding that expiration date is in 3 months.

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2
Q

Who is appointed to accept process service on behalf of the Notary Public who is non-resident?

A

The Secretary of State.

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3
Q

Can a Notary Public be denied re-appointment at time of renewal… even if in excellent, good standing?

A

YES… in any case the appointment is at the complete discretion of the Secretary of State.

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4
Q

What are the general Notary Public eligibility requirements…although not limited to these?

A

1) US Citizens
2) reside or have a place of business in state.
3) Good moral character.
4) Common School education.
5) No felonies. No convictions of weapons, burglar instruments or burglary, stolen property, unlawful entry, aiding prison escape, possession/distributing drugs, violations of selective draft act.
6) 18 years old.

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5
Q

Does the Notary Public receive an ID or license?

A

YES… receives an ID card within two weeks of Secretary of State receipt of passed exam with fee and application.

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6
Q

What is the term of the Notary Public commission?

A

4 years.

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7
Q

Who issues the Notary Public ID / License?

A

Secretary of State. The division of Licensing Services.

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8
Q

How does he Notary Public renew his license and when?

A

Approximately 3 months prior to the expiration a renewal application is posted to the Notary Public… which must be completed and returned with the $60 fee to the County Clerk.

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9
Q

What does a Notary Public do?

A

1) Administer oaths/ affirmations.
2) Take affidavits and depositions.
3) Receive / certify acknowledgements, deeds, mortgages, powers of attorney.
4) Demand / acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing protesting the same for non-payment.

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10
Q

Who commissions or licenses Notary Public?

A

Secretary of State forwards the commissions, the original oath of office and signature of the newly appointed Notary Public to the County Clerk.

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11
Q

What happens when a Notary Public moves out of the state and does not at least retain an office address within the state?

A

By doing so the vacates his office / commissions.

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12
Q

How many Notary Publics can the Secretary of State appoint?

A

As many as he likes.

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13
Q

What are the general regulations and procedures at the test center?

A

1) Photo ID.
2) Thumb print taken.
3) Arrive at least 15 minutes early.
4) First come, first serve.
5) Bring two #2 pencils.
6) No study materials allowed.
7) 1 hour to take the test, 40 multiple choice questions, 70% correct passes (28).

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14
Q

What are 4 examples of activities involving the practice of law which are prohibited for the Notary Public and can result in the removal from the office, possible imprisonment or both?

A

1) Giving advice on Law, drawing papers or any legal documents recognized by courts.
2) Asking for or getting legal business to give to a lawyer and getting paid. (It’s ok to give business to a lawyer if not being compensated)
3) Notary service on wills.
4) Doing anything that infers you can give advice like advertising.

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15
Q

When are the only times a Notary Public can engage indirectly in the practice of law?

A

NEVER !!! Unless representing own self.

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16
Q

Of the two simplest forms of oath… What is required for both?

A

Oath / Affirmation

1) Person whose oath is being taken must be in the presence of authorized office (Notary Public) to administer it.
2) it must be an unequivocal and present act by which the affiant consciously takes upon himself the obligation of oath.

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17
Q

What is the alternate simplest form in which an oath may be administered for those who conscientiously decline taking an oath?

A

Affirmation

“Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct.?”

“PLAN B”

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18
Q

Unacceptable to the Secretary of State is “slipshod” administration. What is the simplest form which an oath may lawfully be administered (given) by the Notary Public?

A

“Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?”

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19
Q

What happens if a document is notarized by a person who is not actually a Notary Public?

A

Section 142-A of the Executive Law deems it valid although the fake Notary Public can still be prosecuted.

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20
Q

What choices does a woman notary public who marries have for name to use?

A

a) Married name.
b) Both Maiden and Married Name.
c) Maiden name for life.

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21
Q

What are the Notary Public licensing fees?

A

1) $15 exam.
2) $60 license, renew.
3) $10 changes name and address.
4) $10 duplicate ID cards.

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22
Q

When is the one time you may take acknowledgements / affidavits over the phone or without actually seeing the person making (signing) the acknowledgements?

A

NEVER, it is illegal.

23
Q

How is the deviation or departing from the “step by step” procedures and required of the Notary Public viewed by the authorities?

A

1) Serious offense.
2) Illegal.
3) Subjects Notary Public license to revocation and / or prosecution.

24
Q

Can a non-state resident be a Notary Public in the state?

A

YES

a) We can work in the state and may reside outside state.
b) Non - residents working within the state.
c) Oath of office and signature must be filed in county of their office.

25
Q

When would the County Clerk normally be called upon to authenticate the signature of the Notary Public? What is the fee?

A

When documents will be used outside the State. $3.

26
Q

How will you be notified of your exam result and what do I do next when I passed?

A

Passed slip is mailed to you. Fill out application and return with fee.

Failed slip is mailed to you… you may retake exam immediately. New exam schedules from the sate are updated two times per year. You are not advised what you got wrong.

27
Q

What type of exam is given?

A

$15 fee, multiple choice 40 questions on a machine readable score sheet, 70% or 28 correct answers are required to pass.

Topics are Law general terms and info related to duties and functions outlined in the “Notary Public License Law Booklet.”

28
Q

Who maintains a record of the Notary Public signature made available for public access and verification of official signature?

A

The County Clerk.

29
Q

Where are Notary Public’s commissioned?

A

In the county of residence or county of business in the state if residing out of state.

30
Q

Can a person convicted of criminal offense become a Notary Public?

A

Yes… with an executive pardon of certificate of “Good Conduct” form the parole board…the person will be eligible.

31
Q

Can anyone become a Notary Public without taking the Notary Public exam?

A

An attorney and court clerk already practicing in the state do not take the exam.

32
Q

May a Notary Public charge a fee?

A

$2

To administer oath, affirmation, acknowledgements and proofs of execution. Unless otherwise authorized by law, Notary Public fees may not exceed this amount.

33
Q

How do the courts hold an acknowledgement taken by a person financially or beneficially interested as a party to conveyance?

A

Nullity - Void - No good.

34
Q

What are the powers in general for the Notary Public?

A

a) Oaths and Affirmations
b) Affidavits and depositions.
c) Acknowledgements, deeds, mortgages, powers of attorney, and other instruments in writing.
d) Demand acceptance of payment foreign and inland bills of exchange, promissory notes and obligations on writing and protest the same for non-acceptance and non-payment.

35
Q

No Notary Public shall be suspended or removed for misconduct unless what procedure occurs first.?

A

Notary Public has been served with a copy of the charges and gets an opportunity of being heard.

36
Q

How do the courts hold assignment of mortgage taken before or by a Notary Public who is an assignee (having interest)?

A

Null - Void - No good.

37
Q

What instances disqualify the Notary Public in certain cases although still remaining eligible to hold office?

A

a) Having pecuniary interest or benefiting in the action.

b) Are a party directly or indirectly of the transaction.

38
Q

Can a member of Legislature be appointed with Notary Public commission?

A

Yes… but if being paid they vacate their seat in the legislature and power of appointment is transferred from governor and senate to Secretary Of State.

39
Q

Can a Sheriff become a Notary Public?

A

No Sheriffs shall not hold any other office.

40
Q

Can a legislator also hold civil office (be a Notary( in the NYS government?

A

Yes… Provided not being paid. A legislator cannot hold a civil state office if receiving compensation.

41
Q

Does the County Clerk provide Notary Public services to the general public?

A

Yes… The County Clerk shall have one designated for business hours. Note that the County Clerk’s staff is exempt from fees for exam ($15) and application ($60).

42
Q

Can one incorporator who is a Notary Public take the acknowledgement of the other incorporator?

A

No… that would make the acknowledgement Null and Void. They are both parties to the instrument and signed it.

43
Q

What are the acceptable ways the signature and seal of the County Clerk can be presented?

A

Facismile, printed, stamped, photographed or engraved thereon. (don’t confuse with Notary Public signature / seal)

44
Q

What is the Notary Public ID card issued by the Secretary of State?

A

a) ID number
b) Name
c) Address
d) County
e) Commission Term
f) Expiration Date

45
Q

What are the procedures of appointment and fees after the “Test Passed” notification is received by you?

A

a) Submit application, $60 fee, passed exam slip with executed (notarized oath of office to Secretary of State.
b) Secretary Of State satisfied … issued Notary Public commission and ID card which are mailed.
c) $20 is mailed to the County Clerk from the Secretary of State by the 10th day of following month.
d) County Clerk keeps commission and signature on file.

46
Q

Can a person admitted to practice as an attorney within the state… whose office is in the state… but resides outside the state be a Notary Public in NYS?

A

Yes he is deemed a resident of the county where he maintains the office.

47
Q

What convictions shall block Notary Public appointment?

A

Any felony or convictions of illegal weapons, making / possessing burglar equipment, buying / receiving / possession of stolen property, unlawful entry, aiding prison escape, possession / distributing narcotics and Selective Draft Act. Vagrancy and prostitution unless executive pardon or certification of good conduct.

48
Q

What are the reasons to be suspended or removed from Notary Public commission?

A

Misconduct

49
Q

Where can any Notary Public file his signature and certificate of official character and who issues it upon request?

A

In the office of any county clerk in the state ($10 filing fee to Notary) and in registers office. The Secretary of State and County Clerk can issue Certificate of Official character for a fee paid by client.

50
Q

What are the fees associated with issuance of Certificate of Official character?

A

a) Secretary of State of $10

B) County Clerk $5

51
Q

What can the Notary Public do if he needs a new (duplicate) ID card?

A

Upon receipt of applicationfor new card and $10 Secretary of State card with same Notary Public ID number with the word “duplicate” stamped across the front. It will only be issued if original was lost, destroyed, or damaged. Can’t have an extra card.

52
Q

What is the fee for changing address for Notary Public and who is paid?

A

That the Notary Publics license is valid and currently on file with the County.

53
Q

What is fee charged by County Clerk and register for filing of Certificate of Official character in additional county?

A

$10

Notary Public (1 decks)

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