Notary Public Vocab Flashcards
The disposition of one’s property to take effect after death.
will
The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth at the beginning of the instrument or at the top of the notary’s jurat, or official certification, as follows: “State of New York, County of (New York) ss.:”. Section 137 of the Executive Law imposes the duty on the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits.
venue
seal
The laws of the State of New York do not require the use of seals by notaries public. If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words “Notary Public for the State of New York.”
The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken.
The notary public “certifies to the taking of the acknowledgment” when the notary signs his official signature to the form setting forth the fact of the taking of the acknowledgment.
Taking an Acknowledgment
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
Swear
This term includes every mode authorized by law for administering an oath.
The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument.
Proof
Sunday
A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding.
A written statement by an individual giving another person the power to act for him.
Power of Attorney
A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.
Subordination Clause
A person who starts a suit or brings an action against another.
Plaintiff
A law that limits the time within which a criminal prosecution or a civil action must be started.
Statute of Limitations
State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law.
Statute of Frauds
A law established by an act of the Legislature.
Statute
Oath
A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false.
Notaries public must administer oaths and affirmations in manner and form as prescribed by the Civil Practice Law and Rules, namely:
§2309(b) Form. An oath or affirmation shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs.
An oath must be administered as required by law. The person taking the oath must personally appear before the notary; an oath cannot be administered over the telephone (Matter of Napolis, 169 App. Div. 469), and the oath must be administered in the form required by the statute (Bookman v. City of New York, 200 NY 53, 56).
When an oath is administered the person taking the oath must express assent to the oath repeated by the notary by the words “I do” or some other words of like meaning.
For an oath or affirmation to be valid, whatever form is adopted, it is necessary that: first, the person swearing or affirming must personally be in the presence of the notary public; secondly, that the person unequivocally swears or affirms that what he states is true; thirdly, that he swears or affirms as of that time; and, lastly, that the person conscientiously takes upon himself the obligation of an oath.
A notary public does not fulfill his duty by merely asking a person whether the signature on a purported affidavit is his. An oath must be administered.
A corporation or a partnership cannot take an oath; an oath must be taken by an individual.
A notary public cannot administer an oath to himself.
The privileges and rights of a notary public are personal and cannot be delegated to anyone.
A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black ink, his name, the words “Notary Public State of New York,” the name of the county in which he is qualified, and the date upon which his commission expires (§137, Executive Law).
When a notary marries during the term of office for which he/she was appointed, he/she may continue to use the name under which he/she was commissioned as a notary public. However, if he/she elects to use his/her marriage name, then for the balance of his/her term as a notary public he/she must continue to use the name under which he/she is commissioned in his/her signature and seal when acting in his/her notarial capacity, adding after his/her signature his/her married name, in parentheses. When renewing his/her commission as a notary public, he/she may apply under his/her married name or the name under which he/she was formerly commissioned. He/she must then perform all his/her notarial functions under the name selected.
A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circles. (Op. Atty. Gen., Mar. 20, 1930.)
Signature of Notary Public
A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.
Ex Parte (From One Side Only)
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. The notary’s general authority is defined in §135 of the Executive Law; the notary has certain other powers which can be found in the various provisions of law set forth earlier in this publication.
Notary Public
One named in a will to carry out the provisions of the will.
Executor
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
An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.
Mortgage on real property