Practice All Flashcards
If a Notary refuses to notarize an affidavit presented for NY notary Mobile services. What is the potential maximum jail sentence?
One Year
The notary certificate of a witness to the execution of a real estate conveyance is called
Proof certificate
Which of the following is in the requirements to become a Notary Public in New York?
-Be at least 18 years old.
-No special education or common school level
-Be a resident and or a qualified non-resident resident
If a Notary moves to another state but still works in N.Y.S. he/she:
Still is a qualified non-resident-resident”
Which of the following are errors a notary can make that will not make the foregoing instrument get unrecorded?
-If the Notary Public was purporting to be a notary but was not licensed.
-If the Notary Public commission was expired.
-If a New York Notary notarizes in another state.
If your neighbor you know asks you to notarize an affidavit you must?
Administer an Oath & fill out the Jurat.
What is the name of the location where the Notary notarizes something?
Venue
Which of the following activities may a non-attorney Notary perform?
A) Explain to people what they are signing.
B) Make a certified original certificate on a government document photocopy.
C) Contracts of marriage within NY State borders.
D) Administer an oath of office for a military officer
D) Administer an oath of office for a military officer.
What is the County Clerk fee for a certificate of Official Character?
$5.00
Which of the following acts can be performed by a Notary Public on Sunday?
A) Certified original certificate of government doc photocopy. B) Affidavit C) Someone's signature to their own will by non-attorney notary. D) A contract of marriage
B) Affidavit
Affidavit - is a signed statement (must be clearly understood)
What is every instrument in writing, except a will that transfers real estate interests?
Conveyance
Conveyance (Deed) - any document in writing (except wills) by which any estate/interest in real property is created/transferred
Latin name for the words, “Sworn to before me this _______ day of ______”.
Jurat
What is a New York State Notary Public conflict of interest?
Legal Consideration
Legal Consideration - when he is getting a benefit
A deponent is? (depodent or deponent)
Someone ordered to a hearing out of court called a deposition
-depodent definition: a person who makes a deposition or affidavit under oath
-interchangeably used with affiant (someone who makes the affidavit (the document where they sign and notarize))
A _________ is one who makes an oath to a written statement
depodent
(depodent definition: a person who makes a deposition or affidavit under oath)
What is the notary fee for a protest of non-payment?
.75 cents for the first one and .10 cents thereafter limit of 5
What is the name of what a Notary places below the Notary signature?
Statement of Authority
Who approves the appointment of a Notary Public?
Secretary of State
What is the fee for changing name for marriage purposes and updating the State?
Free for anyone changing names for marriage purposes.
Who must be with a bank employee to witness the terminated lease opening of a an abandoned safety deposit box?
A Notary Public
-they must document the events taking place
Who can translate a deed into another language to be filed in a NY County Clerk?
Translator with certificate of designation by the county judge.
What can happen to a notary for doing something illegal or with malfeasance?
-Can be summoned to a N.Y.S. tribunal hearing for license revocation.
-Can go to criminal court as a defendant.
-Can be sued for $ damages in Civil court.
(malfeasance = a wrongdoing)
What do the two witnesses to a will sign?
Attestation clauses
Attestation clauses - being a witness to or formally certifying something
What is Chattel?
Personal property such as household goods or fixtures.
-Chattel - obligation to pay money and security interest in a lease or good
Who issues certificates involved in various Notary Public procedures?
-The county clerks offices.
-The Secretary of State’s offices.
-The Notary Public.
What is an Executor
The one named in the will to carry out the provisions of a will.
What is the fee charged to a person for an affidavit at the County Clerks Office?
Notary services are free during normal business hours.
What is the maximum jail sentence for a class D Felony?
seven years
What is the maximum sentence for class A misdemeanors?
1 year.
What is the maximum sentence for a Class E felony?
Four years.
What is the mandatory sentence for a class D felony convictions?
3 years.
What is the sentence for Class 2X felonies?
There is no 2X felony.
What is an Apostile?
Something certified for international use.
Where is the Notary Public Law located?
The Public Officer’s Law aka Notary Public License law
What was completed by a County Clerk when issuing an, “Authentication Certificate” and charging a $3 fee?
Verified the Notary Public signature is authentic.
Which of the following is, “Professional Misconduct”?
-When a Notary does something while aware it is not a correct procedure.
-Notarizing knowing there is a fake ID involved.
Which of the following people can hold the office of Notary Public?
A) A County Sheriff.
B) A former Commissioner of Deeds for NYC who was removed from office.
C) A & B above.
D) A convicted felon.
A convicted felon.
A commissioner of elections or inspector of elections is not eligible for the office of notary public. T/F
False. They are eligible for appointment as notary public
Can a Notary who is also an officer of a corporation notarize for her own corp.?
-Yes for employees and even fellow corporate officers.
-Yes but only if she is not a party to the instrument individually or as a Co. Rep.
Who has some limited rights to practice law as a non-attorney?
-Law students after 2 semesters and have not failed bar exam 2 times.
-Prevention of cruelty officers.
-You practicing law for yourself only.
What is required for an indictment for perjury on an affidavit?
Affiant saying “I do” or words of like meaning after the oath is read.
-perjury = intentional act of lying under oath when he knows it’s false
What is “Laches”?
The delay or negligence in asserting one’s rights in court.
The New York Secretary of State can charge a fee of $25.00 for changing an address, or the name of the notary public. True or False.
This is FALSE. The fee for changing a notary’s name or address is $10.00
A certification of the signature of a notary must be issued by a New York State court. True or False.
[Another way to ask: A certification of a notatorial signature is issued by the court. T/F.]
This is FALSE. Any certification of a notarial signature is done by the county
clerk for a fee of $3.
Any member of the New York State Legislature cannot receive a notary appointment. True or False.
This is False. Because a member of the legislature can certainly be appointed as a notary public.
A deposition may be taken before a New York Notary in a civil proceeding. True or False.
True
A notary has the power to solemnize a marriage. True or False.
False
Anyone who acts as a notary public, but has not taken and filed an oath of office is guilty of a misdemeanor. True or False.
True
If a notary is asked to administer an oath or affidavit, must administer same. True or False.
This is True. Otherwise, failing to do so is a misdemeanor.
A _________ is a witness testimony which is taken outside of a courtroom before a notary public (or other person).
A deposition
A New York Notary’s appointment last for _________ years.
4 Years. Therefore, after that time they can renew their commission.
The _________ issues the renewal of a notary appointment.
The County Clerk, who then sends it to the Secretary of State.
_________ is anything of value given to induce someone to enter into a contract
Consideration
_________ is a writing of writings which evidence both an obligation to pay money and a security interest in specific goods
Chattel paper
_________ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other
Ex parte
_________ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person.
Escrow
A _________ is a crime punishable by death or imprisonment over one year
felony
A _________ is a person in charge of a minor’s person
guardian
A _________ is an instrument made subsequent to a will and attached to the will
codicil
A _________ is a copy of a public record signed and certified as true copy by the public official having custody of the original.
certified copy
A _________ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness
judgement
A _________ is an agreement between competent parties to do or not to do certain things for legal consideration.
contract
A _________ is a written instrument given to pass title of a personal property from vendor to vendee.
bill of sale
A _________ is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths.
affidavit
A conveyance of real property shall not be recorded unless it is in the English language. T/F?
False. May be recorded if there is attached to it an official translation proved and
authenticated in a manner required of conveyances for recording in NYS
What is the purpose of a jurat?
A. To verify the identity of the person signing a document
B. To certify that the person signing a document has sworn an oath
C. To confirm that a document has been notarized
D. To provide a record of the notarial act
B
The purpose of a jurat is to certify that the person signing a document has sworn an oath.
The other options are incorrect because they describe other aspects of the notarial
process, not the specific purpose of a jurat.
What is required for satisfactory evidence of identity for an individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public?
A. Identity verification, credential analysis, and identity proofing
B. Personal acquaintance with the notary public
C. Attestation by two witnesses who know the individual personally
D. Attestation by the notary public that the individual is personally known to them
A
For an individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public, satisfactory evidence of identity requires identity verification, credential analysis, and identity proofing.
The other options are incorrect as they do not meet all the
requirements for satisfactory evidence of identity in this context.
What is the penalty for violating the provisions of §§478, 479, 480, 481, 482, 483, or 484?
A. A fine
B. Revocation of notary commission
C. Imprisonment
D. Misdemeanor charge
D
Any person violating the provisions of §§478, 479, 480, 481, 482, 483, or 484 shall be guilty of a misdemeanor.
-The other options are incorrect as they do not accurately
describe the penalty for violating these provisions.
A notary public is asked to take an acknowledgment over the phone. What should the notary do?
A. Take the acknowledgment over the phone.
B. Refuse to take the acknowledgment over the phone.
C. Ask the person to send a written request.
D. Consult with a legal professional before proceeding.
B
The notary should refuse to take the acknowledgment over the phone. The practice of taking acknowledgments and affidavits over the telephone, or otherwise, without the actual, personal appearance of the individual making the acknowledgment or affidavit before the officiating notary, is illegal. This makes options A, C, and D incorrect.
A notary public is asked to certify a copy of a public record. What should the notary do?
A. Refuse to certify the copy.
B. Certify the copy.
C. Ask the person to send a written request.
D. Consult with a legal professional before proceeding.
A
The notary should refuse to certify the copy. A notary public has no authority to issue certified copies. This makes options B, C, and D incorrect.
What does the term “laches” refer to?
A. The process of notarizing a document
B. The delay or negligence in asserting one’s legal rights
C. The legal framework governing notarial acts
D. The qualifications required to become a notary public
B
The term “laches” refers to the delay or negligence in asserting one’s legal rights.
-The other options are incorrect as they do not accurately define the term “laches”.
What does the term “Affiant” refer to?
A. Affiant refers to the person who makes and subscribes his signature to an affidavit.
B. Affiant refers to the person who administers an oath.
C. Affiant refers to the person who receives an affidavit.
D. Affiant refers to the person who witnesses an affidavit.
A
An affiant is the person who makes and subscribes his signature to an affidavit.
-The other options are incorrect because an affiant does not administer an oath (b), receive
an affidavit (c), or witness an affidavit (d).
Which of the above terms refers to a person who makes and subscribes his signature to an affidavit?
A. Affiant
B. Administrator
C. Deposition
D. Contract
A
Explanation:
-A) An Affiant is the person who makes and subscribes his signature to an affidavit. An
affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary
public or other officer authorized to administer oaths.
-B) Administrator refers to a person appointed by the court to manage the estate
of a deceased person who left no will.
-C) Deposition refers to the testimony of a
witness taken out of court or other hearing proceeding, under oath or by affirmation,
before a notary public or other person, officer or commissioner before whom such
testimony is authorized by law to be taken.
-D) Contract refers to 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.
-Therefore, the correct answer is (A) Affiant.
What does the term “Chattel” refer to?
A. A Chattel refers to a legal right or claim upon a specific property.
B. A Chattel refers to personal property, such as household goods or fixtures.
C. A Chattel refers to a person in charge of a minor’s person or property.
D. A Chattel refers to a crime punishable by death or imprisonment in a state prison.
B
A Chattel refers to personal property, such as household goods or fixtures. The other
options are incorrect because a Chattel does not refer to a legal right or claim upon a
specific property (a), a person in charge of a minor’s person or property (c), or a crime
punishable by death or imprisonment in a state prison (d).
What is an Acknowledgment?
A. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.
B. A person appointed by the court to manage the estate of a deceased person who left no will.
C. A person who makes and subscribes his signature to an affidavit.
D. The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person.
A
An Acknowledgment is a formal declaration before a duly authorized officer by a
person who has executed an instrument that such execution is his act and deed. The
other options are definitions of different terms: B is an Administrator, C is an Affiant, and
D is a Deposition.
What is a Deposition?
A. A person appointed by the court to manage the estate of a deceased person who left no will.
B. The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person.
C. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.
D. A person who makes and subscribes his signature to an affidavit.
B
A Deposition is the testimony of a witness taken out of court or other hearing
proceeding, under oath or by affirmation, before a notary public or other person. The
other options are definitions of different terms: A is an Administrator, C is an
Acknowledgment, and D is an Affiant.
What is the role of a notary public when it comes to administering oaths?
A. A notary public can administer oaths over the telephone.
B. A notary public can administer an oath to himself.
C. A notary public must administer oaths and affirmations in a form that impresses the mind of the person taking it in accordance with his religious or ethical beliefs.
D. A notary public can administer an oath to a corporation or a partnership.
C - A notary public must administer oaths and affirmations in a form that impresses the mind of the person taking it in accordance with his religious or ethical beliefs.
Explanation:
-A notary public is responsible for administering oaths and affirmations. However, they cannot administer an oath over the telephone, to themselves, or to a corporation or a partnership. The oath must be administered in a form that impresses the mind of the person taking it in accordance with his religious or ethical beliefs.
-A Deposition is the testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person.
-The other options are definitions of different terms: A is an Administrator, C is an Acknowledgment, and D is an Affiant.
What is the responsibility of a notary public when it comes to the execution of an affidavit?
A. A notary public can simply ask a person whether the signature on a purported affidavit is his.
B. A notary public does not need to administer an oath for an affidavit.
C. A notary public must administer an oath for an affidavit.
D. A notary public can delegate the administration of an oath for an affidavit to someone else.
C - A notary public must administer an oath for an affidavit.
Explanation:
A notary public is responsible for administering an oath for an affidavit. They cannot simply ask a person whether the signature on a purported affidavit is his. They also cannot delegate this responsibility to someone else.
What is the rule regarding the use of seals by notaries public in the State of New York?
A. The laws of the State of New York require the use of seals by notaries public.
B. If a seal is used, it should sufficiently identify the notary public, his authority, and jurisdiction.
C. A notary public can use any type of seal.
D. A notary public cannot use a seal.
B - If a seal is used, it should sufficiently identify the notary
public, his authority, and jurisdiction.
Explanation:
The laws of the State of New York do not require the use of seals by notaries public.
However, if a seal is used, it should sufficiently identify the notary public, his authority,
and jurisdiction. The seal should contain the name of the notary and the words “Notary
Public for the State of New York.”
What are the consequences for a notary public who practices any fraud or deceit in the performance of their duties?
A. They are guilty of a misdemeanor and may be removed from office.
B. They are subject to a fine but can continue their practice.
C. They are given a warning for the first offense.
D. There are no specific consequences.
A - They are guilty of a misdemeanor and may be removed from Office.
Explanation:
-According to the Executive Law, §135-a, a notary public who practices any fraud or
deceit in the performance of their duties is guilty of a misdemeanor and may be removed
from office. This makes option A the correct answer.
-B is incorrect because while
a fine may be part of the consequences, it does not mention the potential for removal
from office.
-C is incorrect because the law does not provide for a warning for the
first offense.
-D is clearly incorrect as there are specific consequences outlined in the law.
Can a notary public who is not an attorney licensed to practice law in the State of New York advertise their services in a language other than English without any disclaimer?
A. Yes, they can advertise without any disclaimer.
B. No, they must include a disclaimer in the same language as the advertisement.
C. Yes, but they must include a disclaimer in English.
D. No, they cannot advertise their services in a language other than English.
B
Explanation:
According to the rules and regulations (§182.1), a notary public who is not an attorney
licensed to practice law in the State of New York and who advertises their services as a
notary public in a language other than English must include in the advertisement a disclaimer in the same language as the advertisement. This makes option B the correct answer.
-A and C are incorrect because a disclaimer is required, and it must be in the same language as the advertisement.
-D is incorrect because a notary
public can advertise in a language other than English, but they must include the
appropriate disclaimer.
Under the Notary Public License Law, who can be appointed as a notary public without taking the exam?
A. Any resident of New York State
B. Attorneys admitted to practice in New York State
C. Any person over the age of 18
D. Any person who has previously served as a notary public
B
Explanation:
-According to the NYS “Notary Public License Law” booklet, attorneys admitted to
practice in New York State can be appointed as a notary public without taking the exam.
This means that they have already demonstrated a sufficient understanding of the law to
be trusted with the responsibilities of a notary public.
-A) is incorrect because not all residents of New York State are automatically
eligible to become notaries public. They must meet certain requirements and pass the
notary public exam.
-C) is incorrect because, while a person must be over the age of 18 to become a
notary public, they must also meet other requirements, including passing the notary
public exam.
-D) is incorrect because having previously served as a notary public does not exempt a
person from having to take the exam if they wish to serve as a notary public again.
Which of the above duties requires the person to appear personally before the notary public?
A. Administer an oath or affirmation
B. Take an acknowledgment
C. Execute a jurat for an affidavit
D. Witness or attest a signature
B
Explanation:
-Taking an acknowledgment requires the person whose signature is being notarized to
appear personally before the notary public, to be identified by the notary, and to declare
(or acknowledge) that the signature on the document is their own and that they signed
the document willingly.
-A) Administer an oath or affirmation does not necessarily require personal appearance,
as the oath or affirmation can be administered over the phone or via video conference in
some jurisdictions.
-C) and D) also do not necessarily require personal appearance, as these duties can be
performed as long as the notary public can reasonably verify the identity of the signer.
-Therefore, the correct answer is B) Take an acknowledgment.
Define affidavit
a signed statement (must be clearly understood)
-an affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary
public or other officer authorized to administer oaths
Define affiant
The person who makes and subscribes his signature to an affidavit
(an affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary
public or other officer authorized to administer oaths)
Define conveyance
Conveyance (Deed) - any document in writing (except wills) by which any
estate/interest in real property is created/transferred
- (the legal process that transfers real estate interest (transfer property from one owner
to another)
Define escrow
deliver the instrument to a third person (this is agreed and should be unaltered)
Define duress
unlawful constraint exercised upon a person whereby he is forced to do/act against his
will
Define Pro Se
(for himself) - represent themselves without assistance (they are held up to the same
standards as an attorney)
Define The Oath
declaration made to God or a supreme being
Define The Affirmation
solemn vow by the signer that is not pledge to a higher power (personal honor)
Define depodent
A person who makes a deposition or affidavit under oath (don’t confuse with deposition = testimony of a
witness taken out of court or other hearing proceeding, under oath or by affirmation,
before a notary public or other person)
-interchangeably used with affiant (someone who makes the affidavit = the document
where they sign and notarize)
Define deposition
refers to the testimony of a witness taken out of court or other hearing proceeding,
under oath or by affirmation, before a notary public or other person, officer or
commissioner before whom such testimony is authorized by law to be taken.
What does a Notary Public do?
they must document the events taking place
Define attestation clauses
being a witness to or formally certifying something
-(two witnesses to a will (signed))
Define chattel
obligation to pay money and security interest in a lease or good
Name the type of felonies/misdemeanors and their corresponding jail sentence
D felony (7 years max, 3 years min)
A misdemeanor (1 year)
E felony ( 4 years)
Define perjury
intentional act of lying under oath when he know it’s false
Define consideration
anything of value given to induce someone to enter into a contract
Define codicil
instrument made subsequent to a will, and attached to the will
Define judgement
a decree of a court declaring that one party is indebted to another, and fixing the
amount of such indebtedness
Define contract
An agreement between competent parties to do or not to do certain things or legal
consideration, whereby each party acquires a right to what the other
possesses.
Define Bill of sale
written instrument given to pass title of a personal property from vendor to vendee
Who issues certificates involved in various Notary Public procedures (from beginning to end)?
The county clerks office → The secretary of State office → The notary public
Define laches
the delay or negligence in asserting one’s legal rights
Define administrator
person appointed by the court to manage the estate of a deceased person who left no will.
Define acknowledgement
a formal declaration before a duly authorized officer by a person who has executed an
instrument that such execution is his act and deed.
