Notaries public are commissioned by _____________ - The Secretary of State
A/An _________ may be appointed a notary public without an examination -
... [Show More] an
*attorney* admitted to practice in New York State (bonus point: also exempt are officially
appointed *Court Clerks* in the NY State court system)
True/False:
Non-residents of New York state who have offices or places of business in the state
may also become notaries. - True.
An office or place of business is sufficient.
*Notary Public*
(The full definition, as laid out in NY state law.) - A *public officer who executes
acknowledgements 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.
*Laches* - The delay or negligence in asserting one's legal rights.
The (1)_________ and (2)__________ of the notary must be filed in the office of the
county clerk of the county where the notary is located, or has office or place of business
- 1) *oath of office*, 2) *signature*
*Affiant* - The person who makes and subscribes their signature to an affidavit. (Hint:
the term 'affiant' may be used interchangeably with the word *deponent*... remember
this.)
*Extra credit*, from NY State Law.
Fill in the blank:
"Use of the office of notary in other than the ___________ procedure required is viewed
as a serious offense." - *"specific, step-by-step"*
True/False:
A notary public is allowed to administer an oath to herself or himself under certain
circumstances (by a requesting judge in a civil trial, or at the request of the Secretary of
State) - False.
A notary public can never administer an oath to themselves.
True/False:
A jurat is not the affidavit. - True.
The jurat is the specific part of the document where the notary public certifies that the
document was sworn to before her or him in person. The key words here are: *sworn*
and *in person.*
*Guardian* - A person in charge of a minor's person or property.
Bonus:
(From NYS Notary License Law)
"Equally unacceptable to the Secretary of State is the __________ administration of
oaths." - *"slipshod"*
The simplest form in which an oath may be administered:
"________________________?" - "Do you solemnly swear that the contents of this
affidavit subscribed by you is correct and true?"
A/An ______________ may be used for persons who conscientiously decline taking an
oath. - An *affirmation*
*Escrow* - 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. (Often an *attorney*, but not
always)
As best you can, name the activities (involving the practice of law) that are prohibited by
a notary public.
May not _______
May not ______
etc.
(How many are listed?) - Four things listed:
1. May not *give advice* on the law
2. May not ask for and get *legal business* to send to a lawyer
3. May not divide or agree to *divide their fees* with a lawyer
4. May not advertise or circulate in any manner that they have powers or rights *not
granted by law*
What document is a notary never to acknowledge? - A will
What is *New York County* also known as? - Manhattan.
True/False:
The Secretary of State must have notaries commissioned in every county, and no more
notaries per county than are residents of that county. - False. Unlimited number. There
is no restriction to the number of notaries the Secretary of State can appoint.
How long is the term of a notary public? - 4 years
True/False: [Show Less]