NYS Notary Public Flashcards

A notary at the time of appointment must be either a NYS resident or have a place of business in New York State.

A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS.

In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education.

The Secretary of State can remove a notary without serving a copy of the charges against him.

No person shall be appointed a notary who has been convicted of any misdemeanor.

No person shall be appointed a notary public if he has been convicted of unlawful possession or distribution of habit forming narcotic drugs.

An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS.

The Secretary of State shall receive a fee of $20 for changing the name or address of a notary public.

Only the Secretary of State may issue a Certificate of Official Character.

The Secretary of State shall collect $10 for the issuance of a Certificate of Official Character.

A certification of a notarial signature is issued by the court.

No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds.

A commissioner of elections or inspector of elections is not eligible for the office of notary public.

No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of May 18, 1917.

There shall be at least one person in the county clerk’s office who shall notarize documents for the public, free of charge.

A member of the legislature may not be appointed a notary public.

A sheriff may be appointed notary public.

A notary public shall not notarize a paper if he has a pecuniary interest in the transaction.

The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped.

A notary shall not be liable to the parties injured for damages sustained by them as a result of the notary public’s actions.

A person not commissioned a notary public who acts as a notary public is guilty of a felony.

A notary public who is licensed as an attorney in NYS may substitute the words “Attorney and Counselor at Law” for “Notary Public.”

No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in Executive Law 137.

A notary public who is an employee or officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument.

An official certificate of a notary may be valid even if his term of office had expired.

An official certificate of a notary may be valid even if there was an ineligibility of the notary to be appointed or commissioned.

An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office.

The term “lien” includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned.

The term “conveyance” does not include a will or a lease for a term not exceeding 3 years.

Acknowledgment or proof may be made before a justice of the peace within a county containing the town, village or city where he is authorized to perform official duties.

Acknowledgment or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman.

 A subscribing witness must state his place of residence, but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and who executed the instrument.

 A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach a certificate signed by a county clerk.

An officer who takes a proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured.

A conveyance of real property shall not be recorded unless it is in the English language.

A deposition (may?/may not?) be taken before a notary public in a civil proceeding.

Within ___ days of the opening of the safe deposit box, a copy of the notary public’s certificate must be mailed to the lessee at his last known postal address.

A notary public (has?/does not have?) authority to solemnize marriages.

The oath of a public officer (may?/may not?) be administered by a notary public.

A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS.

Notaries public are prohibited from executing wills because they would thereby be acting as an attorney.

A notary public is not a public officer.

A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a ________.

A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law.

A public officer cannot receive a fee in advance of rendering the service.

An officer who violates the fee provisions is liable for treble damages to the person aggrieved.

The maximum term of an indeterminate sentence shall be at least ____ years.

For a class ____ felony, the term shall be fixed by the court and shall not exceed 7 years.

A sentence of imprisonment for a class “A” misdemeanor shall be a _______ sentence.

A person is guilty of forgery in the ____ degree when he falsely makes, completes or alters a written instrument.

Forgery in the second degree is a class ___ felony.

is a class ___ felony.

Official misconduct includes willfully committing an act relating to one’s office constituting an unauthorized exercise of his official functions.

 An officer before whom an oath or affidavit may be taken is bound to administer the same when required.

A person is guilty of perjury if under oath or ____ he has given false testimony.

An ____ is a formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed.

It is not essential that the person who executed the instrument sign his name in the presence of the notary.

A notary who takes an acknowledgment over the telephone is guilty of a ______.

Unless the person who makes the acknowledgment appears in front of the notary, the notary’s certificate that he so came is _____.

Making a false certificate is forgery in the _____ degree.

A notary public (should?/should not?) take an acknowledgment to a legal instrument to which the notary is a party in interest.

An (administrator?/affiant?) is a person appointed by the court to manage the estate of a deceased person who left no will.

A (statute?/affidavit?) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths.

An (attestation?/apostile?) is a Department of State authentication attached to a notarized and county-certified document for international use.

An (authentication?/affirmation?) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary.

In an _____ _____ the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

An ______ is a solemn declaration made by persons who conscientiously decline taking an oath.

A ___ __ ___ _ _ is a written instrument given to pass title of personal property from vendor to vendee.

_____ _____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods.

A _____ is an instrument made subsequent to a will and attached to the will.

_____ is anything of value given to induce someone to enter into a contract.

A ____ ____ is a copy of a public record signed and certified as a true copy by the public official having custody of the original.

Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as ____ __ ____.

A ____ is an agreement between competent parties to do or not do certain things for legal consideration.

Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as a ________.

Another term for “County Clerk’s Certificate” is ______.

A _____ is one who makes an oath to a written statement.

A _____ is the testimony of a witness taken out of court, before a notary or other person.

Constraint exercised upon a person whereby he is forced to do some act against his will is known as ______.

______ 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.

An _____ is one named in a will to carry out the provisions of the will.

___ ___ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other.

A ____ is a crime punishable by death or imprisonment over one year.

A ____ is a person in charge of a minor’s person.

A ____ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness.

The ____ appoints and commissions notaries public in New York State.

The jurisdiction of notaries public is _______.

Notaries public are appointed for ____ years.

Applications for notaries public are as prescribed by ______.

Attorneys and _____ are exempt from taking the notary public exam.

Applicants for notary public must have the equivalent of a _____ school education.

The _______ may suspend or remove a notary public from office.

A person convicted of a _____ cannot be appointed a notary public.

A person convicted of unlawfully possessing or distributing habit forming narcotic drugs (can?/cannot?) be appointed a notary public.

A person sought to be removed as a notary public must be served a copy of the charges.

An oath of ____ shall be submitted to the Secretary of State with the application for notary public.

The fee for notary public appointment is ____.

The notary public identification card contains the appointee’s name, address, county and _______.

The Secretary of State must send $20 fee (apportioned from the $60 fee) to the _____ by the 10th day of the following month.

The _____ makes an index of commissions and official signatures transmitted by the county clerk.

The ____ issues reappointment commissions to notaries public.

The _____ shall receive a fee of $60 from each applicant for reappointment.

The county clerk shall transmit to the Secretary of State ____ from the fee for reappointment.

Generally, the Secretary of State shall receive a non-refundable fee of ___ for changing the name or address of a notary.

The Secretary of State may issue a duplicate identification card for a fee of ___.

The county clerk where the notary commission is filed or the _____ may certify as to the official character of such notary public.

The Secretary of State shall collect for a certificate of official character ISSUED by him the sum of $___.

The county clerk charges a fee of $___ to FILE a certificate of official character.

For each certificate of official character issued by a county clerk, a fee of$___ shall be collected by the county clerk.

A person removed from office as commissioner of deeds (is?/is not?) eligible to be appointed a notary public.

Acting as commissioner of deeds after removal is a ____ offense.

A commissioner of elections (is?/is not/) eligible for the office of notary public.

A person convicted of a violation of the selective draft act of the U.S.(is?/is not/) eligible for appointment as notary public.

Each county clerk shall designate at least ___ of his staff to act as notary public to notarize documents during business hours at no charge.

A sheriff (may/?may not?) hold another office.

A member of the legislature (may?/may not?) be appointed a notary public.

A notary public who is pecuniarily interested in a transaction (is?/is not?) capable of acting as a notary public in that case.

The signature and seal of a county clerk on a certificate of authentication may be facsimile or printed.

Notary public are empowered to administer oaths and affirmations.

Notaries cannot take affidavits and depositions.

Notaries can receive and certify acknowledgments or proofs of deeds, mortgages and powers of attorney and other instruments.

Notaries cannot demand acceptance or payment of foreign and inland bills of exchange.

Notaries can exercise powers and duties as by the laws of nations and according to commercial usage.

 A notary who is an attorney may administer an oath or affirmation to his client in respect of any matter, claim, action or proceeding.

 A notary is not liable to parties injured for damages sustained by them.

A person who acts as a notary without first being appointed a notary is guilty of a ________.

A notary who practices fraud or deceit is guilty of a ______ offense.

A notary public is entitled to a fee of $___ for administering an oath or affirmation.

The fee for taking and certifying an acknowledgment or proof of execution of a written instrument is $_____.

An act or certificate of a notary is not made invalid due to the ineligibility of the notary public or commissioner of deeds to be appointed or commissioned.

An act or certificate of a notary is made invalid by a misnomer or misspelling of his name or other error made in his appointment or commission.

An act or certificate of a notary is made invalid by the expiration of the notary public’s term, commission or appointment.

An act or certificate of a notary is not made invalid by the notary vacating his office by change of his residence, or by acceptance of another public office.

An act or certificate of a notary is not made invalid by the fact that the action was taken outside the jurisdiction where the notary public was authorized to act.

The acknowledgment or proof WITHIN THE STATE of a conveyance of real property situated in NYS may be made at any place WITHIN THE STATE before a notary public, a justice of the supreme court, an official referee or an official examiner of title.

The acknowledgment or proof WITHIN A DISTRICT may be made where any of the following officers are authorized to perform official duties: a judge of any court of record, commissioner of deeds, mayor or recorder of a city, a surrogate, county judge or the county clerk or other recording officer of a county.

The acknowledgment or proof WITHIN A COUNTY may be made where any of the following officers are authorized to perform official duties: justice of peace, town councilman, village police justice, or a judge of any court of inferior local jurisdiction.

The acknowledgment of a conveyance of real property within the state may be made by a married woman or ______ woman.

An officer may take an acknowledgment even if he has no satisfactory evidence that the person making it is the person described in and who executed such an instrument.

When the execution of a conveyance is proved by a subscribing witness, such witness must state his ______ and that he knew the person described in and who executed the conveyance.

Generally, for a record to be recorded it must be in the _____ language.

If a record to be recorded is not in the English language, it must have attached a translation duly executed and acknowledged.

When a safe deposit box is opened as per this section, the notary public shall file with the lessor a certificate under seal which states the ______ of the safe deposit box and the name of the lessee.

In a civil proceeding a deposition may be taken before a notary public.

A notary may solemnize a marriage.

A notary (may?/may not?) take the acknowledgment of parties and witnesses to a written contract of marriage.

A notary may administer an oath to a public officer.

A notary (may?/may not?) prepare a will.

A notary (is entitled?/is not entitled?) to a fee for administering the oath of office to a member of the legislature, to any military office, to an inspector, or clerk of the poll.

A notary may be removed from office for making a misstatement of a material fact in his application for appointment.

A notary public is a public officer.

If a notary refrains from performing a duty imposed on him by law, he is guilty of official ________.