Who are notaries public commissioned by? - ANSWER-The Secretary of State
To whom is an application submitted to become a notary public? - ANSWER-The
... [Show More] Division of Licensing Services.
How much is an application to become a notary public? - ANSWER-$60.
What is included in the application to become a notary public? - ANSWER-An oath of office, duly executed before any person authorized to administer an oath, together with their signature.
What must also be included in the application to become a notary public? - ANSWER-A pass slip indicating they have taken and passed the exam.
How long is the term of commission as a notary public? - ANSWER-4 years
Where are notary publics commissioned? - ANSWER-In their counties of residence.
Where can the public verify the official signature of a notary? - ANSWER-The county clerk's office.
When is authentication of a notary's signature obtained? - ANSWER-When a document will be used outside the State.
What should notaries do when they expect to sign documents regularly in counties other than their residence? - ANSWER-File a certificate of official character with other New York state county clerks.
Which nonresidents may be allowed to be a notary in a state? - ANSWER-Attorneys who maintain law offices within the State, and others who have offices or places of business in NYS.
Where must the oath of office and signature be filed for an out-of-state resident who is a notary? - ANSWER-The office of the county clerk of the county in which the office or place of business is located.
When is taking an acknowledgment and affidavit illegal? - ANSWER-Without the actual, personal appearance of the individual, (i.e. over the phone or otherwise).
What are the simplest forms in which an oath may be lawfully administered? - ANSWER-Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?
What is another way to affirm for those who decline taking an oath? - ANSWER-Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?
What is the is one (1st) thing a notary public may not do? hint: A - ANSWER-Give advice on the law (i.e. cannot draw legal papers like wills, deeds, bills of sale, etc)
What is another (2nd) thing a notary public may not do? hint: B - ANSWER-Ask for and get legal business to send to a lawyer with whom they have any business connection
What is another (3rd) thing a notary public may not do? hint: D - ANSWER-Divide or agree to divide their fees with a lawyer or accept any part of a lawyer's fee on any legal business.
What is another (4th) thing a notary public may not do? hint: A - ANSWER-Advertise in or circulate in any paper or advertisement that they have any powers or rights not given to the notary by the laws under which the notary was appointed.
Is an acknowledgment of the execution of a will the equivalent of an attestation clause accompanying a will? - ANSWER-No.
At the time of a notary publics appointment, what must they be? - ANSWER-A citizen of the US & a resident of NYS or have an office or place of business in NYS.
After being commissioned, what does a notary public receive? - ANSWER-An identification card indicating the appointee's name, address, county & commission term.
How much does it cost to change the name or the address of a notary public? - ANSWER-$10.
How much does it cost to have issued a duplicate identification lost (to replace one that was lost, destroyed or damaged)? - ANSWER-$10.
Where can a notary public file his autograph signature and certificate of official character? - ANSWER-In the office of any county clerk of any county in the STate.
How much does it cost to submit a certificate of official character? - ANSWER-$10 to the State, $10 to the county clerk, $5 for each certificate issued to the county clerk.
What costs $3? - ANSWER-Certification of notarial signatures.
Who cannot be a notary public? - ANSWER-Any person removed from office as a commissioner of deeds for the City of New York. Acting as a notary may be deemed a misdemeanor.
Is a commissioner of elections or inspector eligible for the office of notary public? - ANSWER-Yes.
Who cannot be a notary public (2)? hint: army - ANSWER-Those convicted of a violation of the selective draft act, or of the federal selective training and service act.
Who does not have to pay an exam or application fee to be a notary public? - ANSWER-They who have been designated from the county clerk's office.
Can a member of the legislature be appointed a notary public? - ANSWER-Yes.
Can sheriffs be notaries public? - ANSWER-No.
When are notaries disqualified to act? - ANSWER-When they have an interest in the case.
What can the signature and seal of a county clerk be? - ANSWER-A facsimile, printed, stamped, photographed or engraved.
Can a notary public take the acknowledgment or proof of any party to a written instrument executed by a corporation they are employed by or have direct ties to? - ANSWER-Yes unless they are a party executing the instrument.
What defects cannot be deemed invalid? 1-3 - ANSWER-1. ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such.
2. misnomer or misspelling of name or other error made in his appointment or commission.
3. omission of the notary public/commissioner of deeds to take or file his official oath or otherwise qualify.
What defects cannot be deemed invalid? 4-6 - ANSWER-4. expiration of his term, commission or appointment
5. vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part
6. the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act.
When can the defects not be deemed invalid? - ANSWER-After six months from the date of the official certificate.
What does conveyance include? - ANSWER-Every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien.
What does conveyance not include? - ANSWER-A will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, an instrument containing a power to convey real property as the agent or attorney for the owner of such property.
Where can the acknowledgment or proof of a conveyance of real property be made, within the state? - ANSWER-Before a justice of the supreme court, an official examiner of title, an official referee, or a notary public.
Where can the acknowledgment or proof of a conveyance of real property be made, within the district wherein such officer is authorized to perform? - ANSWER-Before a judge or clerk of any court of record, a commissioner of deeds outside of NYC, or w/in the 5 counties of NYC, the mayor or recorder of a city, a surrogate, special surrogate or special county judge, or the county clerk or other recording officer of a county.
Where can the acknowledgment or proof, within the county containing the town in which the notary is authorized, of a conveyance of real property be made? - ANSWER-Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction.
What must a person taking the acknowledgment or proof of a conveyance do? - ANSWER-They must endorse or attach a signed certificate, stating all the matter required to be done, known, or proved by the acknowledgment or proof.
Where can a notary public administer oaths or take affidavits? - ANSWER-Anywhere in the state.
When can a safe deposit box be opened? - ANSWER-In the presence of a notary public, at least 30 days after giving proper notice to the lessee.
Can a notary public solemnize marriages? - ANSWER-No, nor take the acknowledgment of parties and witnesses to the contract of marriage.
Can an NP administer the oath of a public officer? - ANSWER-Yes.
What is the maximum sentence for a class D felony? - ANSWER-7 years
what is the maximum sentence for a class E felony? - ANSWER-4 years.
What is the maximum sentence for a class A misdemeanor? - ANSWER-1 year
The formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. - ANSWER-Acknowledgment
A person appointed by the court to manage the estate of a deceased person who left no will. - ANSWER-Administrator
The person who makes and subscribes his signature to an affidavit. - ANSWER-Affiant.
A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer. - ANSWER-Affidavit.
What is the difference between an acknowledgment and an affidavit? - ANSWER-An acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant.
A solemn declaration made by persons who conscientiously decline taking an oath. - ANSWER-An affirmation
Department of State authentication attached to a notarized and county-certified document for possible international use. - ANSWER-Apostile
To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness. - ANSWER-Attest
The clause wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same. - ANSWER-Attestation clause.
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary. - ANSWER-Authentication (Notarial)
A written instrument given to pass title of personal property from vendor to vendee. - ANSWER-Bill of sale
A duplicate of a public record signed and identified as a true duplicate by the public official having custody of the original. - ANSWER-Certified copy.
Personal property, such as household goods or fixtures. - ANSWER-Chattel
A writing or writings which evidence both an obligation to pay money & security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement. - ANSWER-Chattel paper
An instrument made subsequent to a will and modifying it in some respects. - ANSWER-Codicil
Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. - ANSWER-Consideration
Behavior disrespectful of the authority of a court which disrupts the execution of court orders. - ANSWER-Contempt of court
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. - ANSWER-Contract
Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. - ANSWER-Conveyance (Deed).
One who makes oath to a written statement - ANSWER-Deponent
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, which is intended to be used at the trial or hearing. - ANSWER-Deposition
Unlawful constraint exercised upon a person whereby he is forced to do
some act against his will - ANSWER-Duress
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. - ANSWER-Escrow
One named in a will to carry out the provisions of the will. - ANSWER-Executor
A hearing or examination in the presence of, or on papers filed by, one
party and in the absence of the other. - ANSWER-Ex Parte
A crime punishable by death or imprisonment in a state prison. - ANSWER-Felony
A person in charge of a minor's person or property. - ANSWER-Guardian
Decree of a court declaring that one individual is indebted to another and
fixing the amount of such indebtedness. - ANSWER-Judgment
part of an affidavit where the officer (notary public) certifies
that it was sworn to before him. It is not the affidavit. - ANSWER-Jurat
The delay or negligence in asserting one's legal rights - ANSWER-Laches
A contract whereby, for a consideration, usually termed rent, one who is
entitled to the possession of real property transfers such right to another
for life, for a term of years or at will. - ANSWER-Lease
A legal right or claim upon a specific property which attaches to the
property until a debt is satisfied. - ANSWER-Lien
The act of carrying on a lawsuit. - ANSWER-Litigation
Any crime other than a felony. - ANSWER-Misdemeanor
An instrument in writing, duly executed and delivered that creates a lien
upon real estate as security for the payment of a specified debt, which is
usually in the form of a bond. - ANSWER-Mortgage on real property
A public officer who executes acknowledgments 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. - ANSWER-Notary public
A verbal pledge given by the person taking it that his statements are made
under an immediate sense of this responsibility to God, who will punish
the affiant if the statements are false. - ANSWER-Oath
A person who starts a suit or brings an action against another. - ANSWER-Plaintiff
A written statement by an individual giving another person the power to
act for him. - ANSWER-Power of Attorney
The formal declaration made by a subscribing witness to the execution of
an instrument setting forth his place of residence, that he knew the person
described in and who executed the instrument and that he saw such person
execute such instrument. - ANSWER-Proof
A formal statement in writing by a notary public, under seal, that a certain
bill of exchange or promissory note was on a certain day presented for
payment, or acceptance, and that such payment or acceptance was refused. - ANSWER-Protest
It is no longer required to be used by a notary public. - ANSWER-Seal
What shall the signature of the notary public include? - ANSWER-The name he was appointed, the venue, and Notary PUblic State of new york, the county in which he was qualified and the date upon which his comission expires.
A law established by an act of the legislature - ANSWER-Statute
State law which provides that certain contracts must be in writing or
partially complied with, in order to be enforceable at law. - ANSWER-Statute of Frauds
A law that limits the time within which a criminal prosecution or a civil
action must be started. - ANSWER-Statute of limitations
A clause which permits the placing of a mortgage at a later date which
takes priority over an existing mortgage. - ANS [Show Less]