NP Exam Flashcards
Notaries Public is appointed by
Secretary of State
Notaries have statewide
Jurisdiction
The term for a notary is
4years
Who determines the form of notary public application
Secretary of State
To be eligible for an appointment must be
NYS resident or have a place of business in NYS
If you move outside of state but still have business in NYS
You can still be a notary
The notary applicant must be
Familiar w/ duties, responsibilities, moral character, educated
The app fee for notary is
$60
The notary ID card must contain
Name, address, county, and commission term
Changing the name or address is a fee of
$10
Secretary of State character fee
County clerk character fee
Insurance by the county clerk fee is
$1 for each
Notarial Signature fee is
$3
If you act as a notary you will be guilty of
A misdemeanor
Notarial fees
Oath or affirmation $2
Acknowledgment $2 per person
Proof of execution $2 per person
Swearing witness $2
When a notary exercises her power she must write
Her name
The words notary public state of NY
County
State commission expires
Character filed state “certificate filed…County
Numbers affix to each instrument
Disciplinary action if notary does not comply
If a person is removed from office as a commissioner
Can not be appointed a notary or commissioner of deeds
Commissioner of elections and inspector of elections are eligible to be notaries
If you was convicted of a draft act you can not be convicted of a notary public,
A notary may administer a oath of office
Conveyance is
A written instrument by which an estate or interest in real property is created transferred, mortgage or assigned
Does not include a Will a lease for term less than or up to 3years
A person removed from the office of commissioner of deeds is not eligible again or notary
A person removed from commissioner and performs can be charged w/ misdemeanor
Commissioner of elections and inspector of elections can be notary
Conviction of draft act, amending draft, training and service act
Can not be a notary
A notary may administer a oath of office
Public officer can collect fee
No fees for
Members of legislators, military officers, inspector of elections, clerk of poll, any officer or public employee
Subscribing witness must state
Place of residence, state he knew person who executed the conveyance
Acknowledgement
is a declaration made before an official (example: notary public) that under the person’s free act and deed he did execute the instrument.
Affidavit
is a signed statement that is sworn to by the person signing it. An affidavit is sworn to in front of a notary public or other officer with authority to administer an oath.
Affirmation
A person who does not want to take an oath (because of religious, ethical, or other reasons) may affirm as to the truthfulness of his statements. The act of affirming is called the affirmation. An affirmation is just as binding as an oath.
Apostile
An apostile is an authentication of a notarized document or county clerk certified document.
It is issued by the Department of State. It is attached to the document and may be used internationally
Attest
To attest is to be present at the execution of a written instrument and also to subscribe (sign) the written instrument as a witness to the execution of the instrument.
Attest clause
As it refers to wills, an attestation clause is the written portion at the end of a will where the witnesses attest that the will was executed in front of them and also state the procedural manner of the execution of the will.
Authentication(notarial)
A document that is signed by a notary may be authenticated by a county clerk. The authentication is comprised of a certificate issued by the county clerk and attached to the document. The authentication verifies the notary public’s authority to act as a notary public. The authentication certificate is called a “County Clerk’s Certificate.a
Bill of sale
A bill of sale is a written document that is given by the vendor (seller of personal property) to the vendee (buyer). It passes tittle from the vendor to the vendee,
Certified Copy
Certified copy may NOT be issued by a notary. It can only be issued by public officials with custody of the original and who can certify that the copy is a true copy of the original on file.
Chattel
Chattel means property that is personal in nature, such as household goods. Chattel does NOT include real property (land, buildings)
Chattel paper
A written obligation to pay money for specific personal goods is known as chattel paper
Codicil
As it relates to wills, a codicil is an attachment to a will that adds to or changes (modifies) the will in some way.
Consideration
is what is given in value to induce someone to enter into a contract. Consideration examples are: property, money, services, etc.
Contempt
are actions which hinder the execution of court orders and display disrespect of court’s authority.
Contract
A contract (an agreement between parties) can be oral or written. For there to be a contract, there must be legal consideration to enter into the contract.
Conveyance
The instrument which creates, assigns, transfers, or surrenders an interest in fear property is called a conveyance.
Deponent
Deponent means the same as affiant. A deponent (affiant) is a person who signs the deposition and makes an oath to a written statement.
Deposition
A deposilion is testimony taken before an authorized official (such as a notary pubic, » is taken out of court with the intention of using it at a hearing or trial.
Duress
Duress means exercising unlawful constraint on a person with the intention of forcing him do certain acts which may be against the person’s will.
Acknowledgement
Is a declaration made before an official
Escrow
is depositing an instrument with a person who on the occurrence of an event must give the instrument to a designated person. Escrow is often used during the sale of a building.
Executor
is a person designated (named) in a will to carry out the instructions of the deceased that
are stated in the will.
Ex parte
(one sided) - A court proceeding is ex parte (one sided) when it is conducted with only one of the parties being present (plaintiff or defendant).
Felony
A felony is an offense for which a sentence of imprisonment of more than a year (or death may be imposed. Imprisonment for felonies is in a NYS prison
A guardian
is a person in charge of another person’s property or person (usually relates to guardians of minors)
A judgement
A judgment declares the rights of individuals, including a judgment that one party owes money to another and specifying the amount owed.
Jurat
A jurat is the section of an affidavit which contains the certification of the notary public that the document was sworn to in front of the notary public.
Example:
“Sworn to before me this
day of , 20
Laches
is the negligence or delay in the assertion of a legal right. The concept of laches may be used as a defense in certain legal proceedings, such as in proceedings for unpaid rent.
Lease
Lease is a contract regarding the right to the possession of real property (land or buildings). It is made for consideration (rent, lease payments) and transfers the right to possession of real property
for a period of time
Litigation
is the process of pursuing a lawsuit.
Misdemeanor
A crime that is not a felony. Misdemeanors are less serious than felonies and are punishable by a sentence of imprisonment up to and including a year
Mortgage on real property
A writen instrument that is used to create a lien on real property until the
debt is paid.
Notary Public
is a public officer who among other things is authorized to administer oaths and affrmations relating to the truth of statements and authorized to execute acknowledgments of deeds of writings which may thereafter be admitted into evidence.
Oath
An oath or affirmalion must be administered as prescribed by law. The person taking the oath must be in front of the notary. Because of this, an oath cannot be administered over the phone.
The person taking the oath must say “I do.”
Plaintiff
A plaintif is the party who starts a civillawsut.
Power of attorney
is a statement in writing by a person which gives another person the power to act
for him.
Proof
as it relates lo the witnessing of the execution of instruments means the formal declaration of Pt witness that he witnessed the execution of the instrument. The Witness in us some his reardence And that he knew the person signing the instrument.
acceptance or payment was refused
Signature of notary public
Notary must sign his name (same name as under which appointed).
Following are required:
1. Signature and venue
2. Name (printed) beneath his signature
3. “Notary Public State of New York” beneath his signature
4. Name of county where qualified
5. Date of expiration of commission
Single woman who marries during her commission may use
1. her maiden name, OR
2. maiden name (married name)
When she renews her commission, she can:
1. renew under her maiden name, or
2. renew under her married name.
A person may be appointed under a religious name
Statue
is a law that was created by the legislature.
Statue of frauds
A law that states that certain contracts must be in writing to be enforceable. Other contracts (if partially completed) may also be enforceable.
Statue of limitations
law which prescribe the time during which a civil action or criminal prosecution must be commenced
Subordinate clause
- A clause in an agreement (contract) which allows a future mortgage to take priority over an existing mortgage
Sunday rules for notaries public
- An affirmation or acknowledgment MAY be taken on a Sunday.
- A deposition in a civil proceeding CANNOT be taken on a Sunday.
Swear
Any mode of path administration that is authorized by law
Taking an acknowledgment
includes:
1. person who is named in the instrument informing the notary that he is that person and that he indeed did execute the instrument
2. the act of the notary checking the identity of the person
The actual “taking of an acknowledgment” by the notary is noted in the notary’s certification of taking the acknowledgment.
Venue
Is the geographical area where the affidavit or acknowledgment is taken by notary(example county of Albany
Will
The instrument in which a person sets forth his wishes relating to the disposition of his property after his death
Class E felony
Max sentence is 4years
Indeterminate sentence is
At least 3years
Forgery in the 2nd degree
Deed will contract
Forgery in the 2nd degree is
Class D felony
False certificate is what felony
Class E Felony 7 years
