Quick questions Flashcards
Can an oath be taken over the phone?
No; the person taking the oath must be in front of the notary.
What is required from a notary to notarize a document
- Signature and venue
- Name printed beneath signature
- “Notary Public State of New York” beneath signature
- Name of county where qualified
- Date of expiration of commission
Can a single woman who marries during her commission use her married name?
Yes, or maiden name.
Can an affirmation or acknowledgement be taken on a Sunday?
Yes
Can a deposition in a civil proceeding be taken on a Sunday?
No
What 2 things need to be included in taking an acknowledgement
- Person who is named in the instrument informs the notary that he is that person, and he did execute the instrument
- Act of notary checking the identify of the person
P.S. The act of taking an acknowledgment by the notary is noted in the notary’s certification of taking the acknowledgement
What 2 professions can be notaries? Otherwise the Secretary of State must grant the applicant this certificate
Court clerks or lawyers/attorneys are exempt because they have already passed background and education requirements
What are 3 things the Secretary of State is looking for in a notary applicant?
- Of good and moral character
- Has the equivalent of a common school education
- Familiar with duties and responsibilities of a notary
When will the Secretary of state waive these requirements for a notary public?
- During term as a notary (4 years) OR
- Within 6 months after expiration of their notary term
What is the application fee for a notary public?
$60 (to Secretary of State)
What must a notary public applicant submit to the Secretary of State?
- Notary public application
- Oat of office (duly executed with their signature)
By the 10th day of the following month, what must the Secretary of the State send to the county clerk?
- The commission
- Certified copy of original oath of office with signature
- $20 from the $60 fee paid by the applicant
Requirements for reappointment
- Application to County Clerk
- Oath of office (duly executed with a signature)
Fee for reappointment
$60 application fee to the county clerk
County clerk 3-step process for reappointment application
On the 10th day of the following month, the county clerk must send the below to the Secretary of State
1. the commission
2. certified copy of the original application
3. $40 from the $60 fee paid by the applicant
Fee for changing the name or address of a notary public
$10
Fee for a duplicate notary identification card (replacement for one lost, destroyed, or damaged)
$10
P.S. the word duplicate must be stamped on it
Who can issue a certificate of official character?
- County clerk or
- Secretary of State
Fees for certificate of official character
- $1 Secretary of State issuing fee
- $1 County clerk filing fee
- $1 Issuance fee by county clerk with seal attached
Fee for certification of the notarial signatures.
$3
County clerk may attach a certificate of official character to any certificate or proof of acknowledgement or oath signed by a notary.
The signature and seal of a county clerk on the cert of official character or certificate of authentication of the signature of a notary public may be (5 things)
- Fascimile/copied
- Printed
- Stamped
- Photographed
- Engraved
Fee for protest of note, commercial paper, etc.
$0.75
Fee for each additional notice of protest & limit
limit - 5
$0.10
Notary fee for: oath or affirmation
$2
Notary fee for: acknowledgement (per person)
$2
Notary fee for: proof of execution (per person)
$2
Notary fee for: swearing witness
$2
A person who commits forgery in the (what degree), when he falsely makes, completes, or alters a written instrument.
2nd degree
What kind of felony is forgery in the 2nd degree?
Class D felony
Max term of indeterminate sentence
At least 3 years
Max duration of class D felony
Can’t exceed 7 years
Max duration of class E felony
Can’t exceed 4 years
Imprisonment for CLASS ____ misdemeanor shall be a definite sentence. It shall be fixed by the court and not exceed 1 year.
Class A
What kind of felony is issuing a false certificate?
Class E felony
A public servant official misconduct is what misdemeanor
Class A misdemeanors
If a safe deposit rental fee isn’t paid, the lessor (the bank) may give _____ days’ notice to the lessee and then in the presence of a notary, remove and inventory the contents.
30
What does the notary file with the lessor, a certificant under seal stating?
- Date of opening th ebox
- Name of lessee
- List of contents
A copy of the safety deposit box contents should be mailed to the last known address of the lessee within ___ days of opening the safety deposit box.
10 days
